Section 7.05. Mental health services council

(a)  There  is  hereby  created  a mental health services council. The
  council shall consist of the commissioner of mental health who shall not
  have the right to vote, the chairman of the conference of  local  mental
  hygiene  directors  or his designee, and twenty-six members appointed by
  the governor by and with the advice and consent of the  senate.  Members
  shall  be appointed only if they have professional knowledge in the care
  of the mentally ill or an active interest in the system of  services  to
  the  mentally  ill.  The  governor  shall designate one of the appointed
  members of the council as chairman. At least one-half of the members  of
  the council shall not be providers of mental health services. Membership
  shall be representative of the public and shall include:
    1.  at  least  four  consumer  representatives,  two  of whom shall be
  current or former patients or consumers of mental health  services,  and
  two  of  whom shall be parents or relatives of patients or consumers who
  receive or have received  services  for  mentally  ill  persons  from  a
  provider of such service;
    2.  at  least three members who are not providers of service including
  but not limited to representatives of non-governmental organizations  or
  groups,  such  as  not-for-profit agencies or organizations representing
  health  care  employees,  organizations  concerned  with  the  planning,
  operation or use of community mental health centers and other facilities
  for the provision of mental health services;
    3.  at  least  six  representatives  of  providers  of services to the
  mentally ill, including but  not  limited  to  community  mental  health
  centers,   municipal  hospitals,  general  hospitals,  state  hospitals,
  private hospitals and organizations providing community services to  the
  mentally ill; at least three of whom shall be physicians;
    4. at least one member appointed on the recommendation of the director
  of the division of veterans' affairs;
    5. at least one member appointed on the recommendation of the adjutant
  general of the division of military and naval affairs;
    6.  at  least three representatives of local governments, and of other
  state and local agencies concerned with the planning, operation  or  use
  of facilities for the provision of mental health services; and
    7.  the  two members of the state hospital review and planning council
  appointed by the governor pursuant to subdivision (b) of this section.
    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. No person shall be an appointed
  member  of  the  council for more than six years in any period of twelve
  consecutive years.
    (b) The chairman shall  recommend  two  members  of  the  council  for
  appointment  by the governor to the hospital review and planning council
  pursuant to section twenty-nine hundred four of the public health law.
    (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 establish such committees as it deems  necessary
  to  address  the  service needs of special populations, such as children
  and  adolescents,  the  chronically  mentally  ill,  racial  and  ethnic
  minorities,  the  elderly  and  the  multiply  disabled,  and to address
  particular subjects of importance in the development and  management  of
  mental health services required to serve the citizens of New York state.
    (e) The council may consider any matter relating to the improvement of
  mental health services in the state and shall advise the commissioner on

  any  such  matter, including, but not limited to care and service to the
  chronically  mentally  ill,  care  of  acutely  mentally  ill  children,
  adolescents and adults, care of the elderly mentally ill, improvement of
  care  for  underserved populations, financing of community mental health
  centers,  financing   community   services   for   the   mentally   ill,
  relationships  between  units of state and local government in financing
  and regulating service to the mentally ill, integration  of  the  mental
  health  service  system with the generic health care system, integration
  of the mental health service system with systems serving other  disabled
  populations,  care  of  the  multiply  disabled,  forensic mental health
  services, prevention of mental illness, improvement  of  care  in  state
  operated  programs,  recruitment,  education  and  training of qualified
  direct care personnel and  protection  of  the  interests  of  employees
  affected by adjustments in the mental health service system.
    (f) The council shall, in cooperation with the commissioner, establish
  statewide  goals  and  objectives  for services to mentally ill persons,
  pursuant to section 5.07 of this chapter.
    (g) 1. The council shall review the portion of 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.
    2. The council shall review any state mental health  services  program
  plan  prepared  by  the  office  of mental health, and the mental health
  component of statewide health plans developed  in  accordance  with  any
  applicable  federal  law and shall report its recommendations thereon to
  the commissioner, the legislature  and,  where  appropriate,  the  state
  health  planning  and  development  agency  designated  pursuant  to the
  provisions of the national health planning and resource development  act
  of nineteen seventy-four and any amendments thereto.
    (h)  1. The council shall review applications filed in accordance with
  subdivision (c) of section 31.23 of this chapter  for  approval  of  the
  construction  of  a  facility,  other than a family care home, community
  residence or residential care center for adults, for which an  operating
  certificate  issued  by the commissioner is required pursuant to article
  thirty-one of this chapter. The commissioner shall ensure  that  members
  of  the  council  have  the  information  necessary  to make an informed
  review.
    2. The council shall, at the request of the commissioner,  review  any
  plans  for construction, including a substantial change in bed capacity,
  of a facility operated by the office of mental  health  and  report  its
  recommendations thereon to the commissioner.
    (i)  At least sixty days prior to the commissioner's final approval of
  rules and regulations, other than emergency rules  and  regulations  and
  regulations  promulgated  pursuant to section 43.01 of this chapter, 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 reasons for not selecting such alternative
  approach.

    (j) The council, by a majority vote of its members, may propose  rules
  and  regulations on any matter within the regulatory jurisdiction of the
  office of mental health,  other  than  establishment  of  fee  schedules
  pursuant  to  section  43.01  of this chapter, and forward such proposed
  rules  and regulations to the commissioner for review and consideration.
  Prior to the commissioner's final  approval  and  promulgation  of  such
  proposed  rules  and  regulations,  if  such  rules  and regulations are
  modified in any respect, they shall be submitted to the council pursuant
  to subdivision (i) of this section. If the commissioner  determines  not
  to  promulgate  such  proposed  rules  and regulations, the commissioner
  shall appear before the council to report the reasons therefor.
    (k) 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.
    (l)  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.
    (m) No civil action shall be brought in any court against  any  member
  of  the mental health services council for any act done, failure to act,
  or statement or opinion made, while discharging his 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.