§ 7.33 — Boards of visitors

New York § 7.33

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title B: Mental Health Act
• Art. 7: Office of Mental Health

Text

§ 7.33 Boards of visitors.\n (a) Each hospital in the department shall have a board of visitors\nconsisting of seven members; provided, however, that a hospital at the\nPilgrim psychiatric center and a hospital at the Rochester psychiatric\ncenter shall have a board of visitors consisting of at least seven, but\nnot more than ten members. Members appointed or reappointed after the\neffective date of this chapter shall be appointed by the governor, by\nand with the advice and consent of the senate. Members shall be\nappointed for four year terms to expire on the thirty-first day of\nDecember of the fourth year of the term of office provided however, when\nmore than three terms expire in any one year, members may be appointed\nfor terms of fewer years as designated by the governor so that no more\nthan three members' terms expire in any one year. All terms of office\nshall expire on the thirty-first day of December of the designated year.\nA member whose term has expired shall, however, remain in office until\nsuch member's successor has been appointed and has taken office, or\nuntil such members shall have resigned or have been removed from office\nin the manner hereinafter provided. Should any member resign or be\nremoved from office, the governor shall promptly submit, for senate\nconsent, a successor candidate to fill the remaining term of the vacated\noffice. A visitor may be removed by the governor for cause after notice\nand an opportunity for a hearing on the charges. In making appointments\nto boards of visitors, the governor shall endeavor to ensure that the\nmembership of each such board shall adequately reflect the composition\nof the community or communities served by the facility, that the\nmembership of each such board includes at least three individuals who\nare parents or relatives of patients or of former patients and that the\nremainder includes only those persons, including former patients, who\nshall have expressed an active interest in, or shall have obtained\nprofessional knowledge in the care of the mentally ill or in mental\nhealth endeavors generally.\n (b) No elected state officer or member of the legislature may serve as\na visitor.\n (c) If the hospital serves an area, as established by the regulations\nof the commissioner, the visitors shall reside at the time of\nappointment or reappointment in such area. If no specific area is\ndesignated but mental health regions have been duly established, the\nvisitors shall reside at the time of appointment or reappointment in the\nmental health region in which the department facility is located.\n (d) Each board shall, at the first meeting of each calendar year elect\none member to serve as president of the board and one member to serve as\nsecretary; provided however, that no member may serve for more than two\nconsecutive years as president.\n (e) Visitors shall not receive compensation but shall be reimbursed\nfor their actual expenses in connection with their service as visitors.\n (f) (1) Each board of visitors shall hold six bi-monthly regular\nmeetings annually, but a greater number of regular meetings may be\nscheduled by the board. Each board of visitors shall establish in their\nby-laws or otherwise, in writing, whether these six meetings shall be\nheld during months represented by odd numbers or months represented by\neven numbers. The president of the board shall notify the chairman of\nthe commission on quality of care for the mentally disabled and the\nfacility director of the determination made concerning the designated\nmonths for the six bi-monthly regular meetings. The president of the\nboard, the commissioner, the director, or the members as determined by\nthe rules of the board may call special meetings. The board may require\nthe director to submit a report at each meeting. Each board shall keep a\nrecord of its proceedings and activities. A member of a board of\nvisitors who has failed to attend three consecutive bi-monthly regular\nmeetings shall be considered to have vacated his office unless otherwise\nordered by the governor. The board shall cause notice of any of its\npublic meetings to be sent to the mental hygiene legal service located\nin the same judicial department as the hospital. The mental hygiene\nlegal service may send a representative to any such public meeting, and\nmay request the board to review patient complaints or investigate\nalleged incidents of abuse or mistreatment. The board shall notify the\nappropriate representative of the mental hygiene legal service of the\nboard's actions and findings in relation to any such request.\n (2) The president of the board of visitors shall notify a member by\ncertified or registered mail with return receipt requested when such\nmember of the board has failed to attend any two consecutive bi-monthly\nregular meetings. This notice shall be sent within ten days following\nthe second meeting and shall include the dates of the two meetings which\nwere missed, the date of the next bi-monthly regular meeting, and a\nstatement concerning the consequences of failure to attend the next\nbi-monthly meeting.\n (3) Within three days after the third consecutive absence at a\nbi-monthly regular meeting by a member, the president of the board of\nvisitors shall notify, in writing, the governor, the commissioner, the\nchairman of the commission on quality of care for the mentally disabled\nand the facility director of such absences. The president of the board\nof visitors shall send a copy of this notice to the member by registered\nor certified mail return receipt requested. The member may petition the\ngovernor to excuse his absences. If the governor does not excuse the\nabsences within forty-five days of the date of the third consecutive\nmeeting absence, the office of the member shall be deemed vacated.\n (g) Upon the request of the commissioner or the director, or upon the\nboard's initiative, the board shall consult, advise, and work with the\ndirector with respect to community relations, conditions at the\ndepartment facility, preliminary plans for construction and alterations,\nand programs and activities of the department facility.\n (h) Each board or any member of the board may visit and inspect the\ndepartment facility at any time without prior notice and may report on\nconditions to the governor, to the commissioner and to the chairman of\nthe state commission on quality of care for the mentally disabled. In\naddition, each board shall ensure that a member or committee of members\nshall inspect the department facility once every three months without\nprior notice. A report on conditions may be submitted to the governor,\nto the commissioner or to the chairman of the state commission on\nquality of care for the mentally disabled. Each board member shall visit\nand inspect the facility at least twice during each calendar year.\nWithin thirty days after the conclusion of each calendar year the\npresident of the board of visitors shall notify the governor, the\ncommissioner, the chairman of the commission on quality of care for the\nmentally disabled and the facility director, if any member of the board\nhas failed to visit and inspect the facility at least twice during that\nyear. The president of the board of visitors shall send a copy of this\nnotice by certified or registered mail return receipt requested to the\nmember to whom it pertains. A member of a board of visitors who has\nfailed to visit and inspect the facility at least twice a year shall be\nconsidered to have vacated his office unless otherwise ordered by the\ngovernor within forty-five days after the end of the calendar year. The\nboard shall have the power to investigate all charges against the\ndirector and all cases of alleged patient abuse or mistreatment made\nagainst any employee and shall have the power to interview patients and\nemployees of the facility in pursuit of such investigations. In\nconducting such an investigation, the board shall have the power, in\naccordance with the civil practice law and rules, to subpoena witnesses,\ncompel their testimony, administer oaths to witnesses, examine witnesses\nunder oath, and require the production of any books or papers deemed\nrelevant to the investigation. A board or a member may include in the\nreport or separately at any time any matter pertaining to the management\nand affairs of the facility and may make recommendations to the\ngovernor, to the commissioner and to the chairman of the state\ncommission on quality of care for the mentally disabled. Each board\nmember shall enter in a book, kept at each facility for that purpose,\nthe date of each visit.\n (i) (1) Any member or members of the board may visit and inspect a\nfamily care home, which is within the catchment area of the hospital on\nthe board of which such member or members serve. Such member or members\nshall be granted access to such facility and to all books, records and\ndata pertaining to such facility deemed necessary for carrying out the\npurposes of such visit. Information, books, records or data which are\nconfidential as provided by law shall be kept confidential and any\nlimitations on the release thereof imposed by law upon the party\nfurnishing the information, books, records or data shall apply to such\nmember or members of the board. After any such visits or inspection, a\nreport containing findings and recommendations may be submitted to the\ngovernor, to the commissioner or to the state commission on quality of\ncare for the mentally disabled.\n (2) Any member or members of the board may visit and inspect a\ncommunity residence or residential care center for adults, operated by\nthe office of mental health, which is within the catchment area of the\nhospital on the board of which such member or members serve. Such member\nor members shall be granted access to such facility and to all books,\nrecords and data pertaining to such facility deemed necessary for\ncarrying out the purposes of such visit and inspection. Information,\nbooks, records or data which are confidential as provided by law shall\nbe kept confidential and any limitations on the release thereof imposed\nby law upon the party furnishing the information, books, records or data\nshall apply to such member or members of the board. After any such\nvisits or inspection, a report containing findings and recommendations\nshall be submitted promptly to the commissioner and to the chairman of\nthe state commission on quality of care for the mentally disabled.\n (j) Once each year, each board shall make an independent assessment of\nconditions at the facility and shall submit a report on the assessment\nand recommendations to the governor, to the commissioner and to the\nchairman of the state commission on quality of care for the mentally\ndisabled.\n (k) The commissioner shall notify the board of visitors of a hospital\nof the proposed appointment of a director to such facility or the\nproposed transfer of a director from such facility, with a request that\nthe board report an expression of its opinion of the appointment or\ntransfer and, if it objects thereto, the reasons for such objection.\n (l) The commissioner shall appoint representatives of the office to\nserve as liaison between the office and the boards of visitors. At least\nonce each year such commissioner shall meet with the boards\ncollectively. The commissioner, or his designee, shall meet quarterly\nwith representatives of boards of visitors.\n (m) Members of the boards of visitors shall be considered officers of\nthe department for the purposes of sections seventy-three, to the extent\nprovided therein, and seventy-four of the public officers law relating\nto business or professional activities by state officers and employees\nand the code of ethics.\n (n) Each member shall attend, within one year of the initial\nappointment or any subsequent reappointment, an orientation training\nprogram provided by the commission on quality of care for the mentally\ndisabled for members of boards of visitors. The chairman of the\ncommission on quality of care for the mentally disabled shall notify the\ngovernor and the appointed member of any such member's failure to attend\nsuch a training program. A member who has failed to attend such a\ntraining program scheduled for such member shall be considered to have\nvacated his office unless otherwise ordered by the governor within\nforty-five days after the notice.\n