§ 19.05 Advisory council on alcoholism and substance abuse services. There is hereby created an advisory council on alcoholism and substance abuse services. (a) The council shall consist of the commissioner of alcoholism and substance abuse services, or his or her designee who shall not have the right to vote, the chairman of the conference of local mental hygiene directors or his or her designee, and twenty-six members appointed by the governor by and with the advice and consent of the senate. The council shall include at least three members from each appellate division. The governor shall designate one of the appointed members of the council as chair, who shall serve as such for a three year term. The council shall elect a vice-chair, who shall serve as such for a three year term. Membership shall be representative of the public, shall have broad programmatic and geographic representation, shall include both not-for-profit and proprietary alcoholism and substance abuse providers of services, and shall include: (1) ten consumer representatives, including persons who are recovering from alcohol and/or substance abuse or significant others of patients or former patients or patient advocates, or representatives of advocacy and prevention organizations; (2) ten representatives of providers of services to persons who abuse or are dependent on alcohol and/or substances or engage in problem gambling, including but not limited to representatives of free standing inpatient alcoholism or substance abuse facilities, general hospitals, residential facilities for persons who abuse or are dependent on alcohol and/or substances, methadone maintenance programs, outpatient facilities for persons who abuse or are dependent on alcohol and/or substances, and prevention and gambling programs, at least one of whom shall be a physician and not more than two shall represent each group of facilities; and (3) six representatives of public and private payors of alcoholism and/or substance abuse treatment including insurers, hospital, health, and medical service corporations that pay for alcoholism and/or substance abuse treatment, self-insured employee benefit plans, union welfare fund benefit plans, and state and local government agencies which pay for alcoholism or substance abuse treatment, at least one of whom shall represent a hospital service corporation. (b) Members shall be appointed for terms of three years, provided however, that of the members first appointed, one-third shall be appointed for one year terms and one-third shall be appointed for two year terms. Vacancies shall be filled in the same manner as original appointments for the remainder of any unexpired term. (c) The council shall meet at least four times in each full calendar year. The council shall meet at the request of its chairman or the commissioner. (d) The council shall, in cooperation with the commissioner, establish statewide goals and objectives for services to those suffering from alcoholism, alcohol abuse, substance abuse, substance dependence, or chemical dependence pursuant to section 5.07 of this chapter, and shall review the statewide five year plan to be developed and updated annually by the commissioner pursuant to section 5.07 of this chapter and report its recommendations thereon to the commissioner. (e) The council shall review applications filed in accordance with section 32.29 or 32.31 of this chapter for approval of incorporation or establishment or construction of a facility for which approval to operate is required from the commissioner pursuant to article thirty-two of this chapter, and as otherwise requested by the commissioner, provided, however, that such council shall complete review of applications for approval of incorporation or establishment orconstruction of a facility previously filed under article thirty-one of this chapter prior to the effective date of this section. The commissioner shall ensure that members of the council have the information necessary to make an informed review. (f) The council shall make recommendations to the commissioner, the governor, and the legislature with regard to the enhancement and increased efficiency of providing services. (g) At least sixty days prior to the commissioner's final approval of rules and regulations, other than emergency rules and regulations, the commissioner shall submit proposed rules and regulations to the council for its review. The council shall review all proposed rules and regulations and report its recommendations thereon to the commissioner within sixty days. The commissioner shall not act in a manner inconsistent with the recommendations of the council without first appearing before the council to report the reasons therefor. The council, upon a majority vote of its members, may require that an alternative approach to the proposed rules and regulations be published with the notice of the proposed rules and regulations pursuant to section two hundred two of the state administrative procedure act. When an alternative approach is published pursuant to this section, the commissioner shall state the specific reasons for not selecting such alternative approach. (h) The members of the council shall receive no compensation for their services but shall be reimbursed for expenses actually and necessarily incurred in the performance of their duties. (i) The commissioner, upon request of the council, shall designate an officer or employee of the office to provide secretarial support services to the council, and may assign from time to time such other employees as the council may request. (j) No civil action shall be brought in any court against any member of the advisory council on alcoholism and substance abuse services for any act done, failure to act, or statement or opinion made, while discharging his or her duties as a member of the council, without leave from a justice of the supreme court, first had and obtained. In any event such member shall not be liable for damages in any such action if he or she shall have acted in good faith, with reasonable care and upon probable cause. Members of the council shall be considered public officers for the purposes of section seventeen of the public officers law. (k) The council may establish such committees as it deems necessary. (l) The council may establish written bylaws.
§ 19.05 Advisory council on alcoholism and substance abuse services. There is hereby created an advisory council on alcoholism and substance abuse services. (a) The council shall consist of the commissioner of alcoholism and substance abuse services, or his or her designee who shall not have the right to vote, the chairman of the conference of local mental hygiene directors or his or her designee, and twenty-six members appointed by the governor by and with the advice and consent of the senate. The council shall include at least three members from each appellate division. The governor shall designate one of the appointed members of the council as chair, who shall serve as such for a three year term. The council shall elect a vice-chair, who shall serve as such for a three year term. Membership shall be representative of the public, shall have broad programmatic and geographic representation, shall include both not-for-profit and proprietary alcoholism and substance abuse providers of services, and shall include: (1) ten consumer representatives, including persons who are recovering from alcohol and/or substance abuse or significant others of patients or former patients or patient advocates, or representatives of advocacy and prevention organizations; (2) ten representatives of providers of services to persons who abuse or are dependent on alcohol and/or substances or engage in problem gambling, including but not limited to representatives of free standing inpatient alcoholism or substance abuse facilities, general hospitals, residential facilities for persons who abuse or are dependent on alcohol and/or substances, methadone maintenance programs, outpatient facilities for persons who abuse or are dependent on alcohol and/or substances, and prevention and gambling programs, at least one of whom shall be a physician and not more than two shall represent each group of facilities; and (3) six representatives of public and private payors of alcoholism and/or substance abuse treatment including insurers, hospital, health, and medical service corporations that pay for alcoholism and/or substance abuse treatment, self-insured employee benefit plans, union welfare fund benefit plans, and state and local government agencies which pay for alcoholism or substance abuse treatment, at least one of whom shall represent a hospital service corporation. (b) Members shall be appointed for terms of three years, provided however, that of the members first appointed, one-third shall be appointed for one year terms and one-third shall be appointed for two year terms. Vacancies shall be filled in the same manner as original appointments for the remainder of any unexpired term. (c) The council shall meet at least four times in each full calendar year. The council shall meet at the request of its chairman or the commissioner. (d) The council shall, in cooperation with the commissioner, establish statewide goals and objectives for services to those suffering from alcoholism, alcohol abuse, substance abuse, substance dependence, or chemical dependence pursuant to section 5.07 of this chapter, and shall review the statewide five year plan to be developed and updated annually by the commissioner pursuant to section 5.07 of this chapter and report its recommendations thereon to the commissioner. (e) The council shall review applications filed in accordance with section 32.29 or 32.31 of this chapter for approval of incorporation or establishment or construction of a facility for which approval to operate is required from the commissioner pursuant to article thirty-two of this chapter, and as otherwise requested by the commissioner, provided, however, that such council shall complete review of applications for approval of incorporation or establishment orconstruction of a facility previously filed under article thirty-one of this chapter prior to the effective date of this section. The commissioner shall ensure that members of the council have the information necessary to make an informed review. (f) The council shall make recommendations to the commissioner, the governor, and the legislature with regard to the enhancement and increased efficiency of providing services. (g) At least sixty days prior to the commissioner's final approval of rules and regulations, other than emergency rules and regulations, the commissioner shall submit proposed rules and regulations to the council for its review. The council shall review all proposed rules and regulations and report its recommendations thereon to the commissioner within sixty days. The commissioner shall not act in a manner inconsistent with the recommendations of the council without first appearing before the council to report the reasons therefor. The council, upon a majority vote of its members, may require that an alternative approach to the proposed rules and regulations be published with the notice of the proposed rules and regulations pursuant to section two hundred two of the state administrative procedure act. When an alternative approach is published pursuant to this section, the commissioner shall state the specific reasons for not selecting such alternative approach. (h) The members of the council shall receive no compensation for their services but shall be reimbursed for expenses actually and necessarily incurred in the performance of their duties. (i) The commissioner, upon request of the council, shall designate an officer or employee of the office to provide secretarial support services to the council, and may assign from time to time such other employees as the council may request. (j) No civil action shall be brought in any court against any member of the advisory council on alcoholism and substance abuse services for any act done, failure to act, or statement or opinion made, while discharging his or her duties as a member of the council, without leave from a justice of the supreme court, first had and obtained. In any event such member shall not be liable for damages in any such action if he or she shall have acted in good faith, with reasonable care and upon probable cause. Members of the council shall be considered public officers for the purposes of section seventeen of the public officers law. (k) The council may establish such committees as it deems necessary. (l) The council may establish written bylaws.
§ 19.05 Advisory council on alcoholism and substance abuse services. There is hereby created an advisory council on alcoholism and substance abuse services. (a) The council shall consist of the commissioner of alcoholism and substance abuse services, or his or her designee who shall not have the right to vote, the chairman of the conference of local mental hygiene directors or his or her designee, and twenty-six members appointed by the governor by and with the advice and consent of the senate. The council shall include at least three members from each appellate division. The governor shall designate one of the appointed members of the council as chair, who shall serve as such for a three year term. The council shall elect a vice-chair, who shall serve as such for a three year term. Membership shall be representative of the public, shall have broad programmatic and geographic representation, shall include both not-for-profit and proprietary alcoholism and substance abuse providers of services, and shall include: (1) ten consumer representatives, including persons who are recovering from alcohol and/or substance abuse or significant others of patients or former patients or patient advocates, or representatives of advocacy and prevention organizations; (2) ten representatives of providers of services to persons who abuse or are dependent on alcohol and/or substances or engage in problem gambling, including but not limited to representatives of free standing inpatient alcoholism or substance abuse facilities, general hospitals, residential facilities for persons who abuse or are dependent on alcohol and/or substances, methadone maintenance programs, outpatient facilities for persons who abuse or are dependent on alcohol and/or substances, and prevention and gambling programs, at least one of whom shall be a physician and not more than two shall represent each group of facilities; and (3) six representatives of public and private payors of alcoholism and/or substance abuse treatment including insurers, hospital, health, and medical service corporations that pay for alcoholism and/or substance abuse treatment, self-insured employee benefit plans, union welfare fund benefit plans, and state and local government agencies which pay for alcoholism or substance abuse treatment, at least one of whom shall represent a hospital service corporation. (b) Members shall be appointed for terms of three years, provided however, that of the members first appointed, one-third shall be appointed for one year terms and one-third shall be appointed for two year terms. Vacancies shall be filled in the same manner as original appointments for the remainder of any unexpired term. (c) The council shall meet at least four times in each full calendar year. The council shall meet at the request of its chairman or the commissioner. (d) The council shall, in cooperation with the commissioner, establish statewide goals and objectives for services to those suffering from alcoholism, alcohol abuse, substance abuse, substance dependence, or chemical dependence pursuant to section 5.07 of this chapter, and shall review the statewide five year plan to be developed and updated annually by the commissioner pursuant to section 5.07 of this chapter and report its recommendations thereon to the commissioner. (e) The council shall review applications filed in accordance with section 32.29 or 32.31 of this chapter for approval of incorporation or establishment or construction of a facility for which approval to operate is required from the commissioner pursuant to article thirty-two of this chapter, and as otherwise requested by the commissioner, provided, however, that such council shall complete review of applications for approval of incorporation or establishment orconstruction of a facility previously filed under article thirty-one of this chapter prior to the effective date of this section. The commissioner shall ensure that members of the council have the information necessary to make an informed review. (f) The council shall make recommendations to the commissioner, the governor, and the legislature with regard to the enhancement and increased efficiency of providing services. (g) At least sixty days prior to the commissioner's final approval of rules and regulations, other than emergency rules and regulations, the commissioner shall submit proposed rules and regulations to the council for its review. The council shall review all proposed rules and regulations and report its recommendations thereon to the commissioner within sixty days. The commissioner shall not act in a manner inconsistent with the recommendations of the council without first appearing before the council to report the reasons therefor. The council, upon a majority vote of its members, may require that an alternative approach to the proposed rules and regulations be published with the notice of the proposed rules and regulations pursuant to section two hundred two of the state administrative procedure act. When an alternative approach is published pursuant to this section, the commissioner shall state the specific reasons for not selecting such alternative approach. (h) The members of the council shall receive no compensation for their services but shall be reimbursed for expenses actually and necessarily incurred in the performance of their duties. (i) The commissioner, upon request of the council, shall designate an officer or employee of the office to provide secretarial support services to the council, and may assign from time to time such other employees as the council may request. (j) No civil action shall be brought in any court against any member of the advisory council on alcoholism and substance abuse services for any act done, failure to act, or statement or opinion made, while discharging his or her duties as a member of the council, without leave from a justice of the supreme court, first had and obtained. In any event such member shall not be liable for damages in any such action if he or she shall have acted in good faith, with reasonable care and upon probable cause. Members of the council shall be considered public officers for the purposes of section seventeen of the public officers law. (k) The council may establish such committees as it deems necessary. (l) The council may establish written bylaws.
