Section 2803-G. Board of visitors in county owned residential health care facility

1. Each public residential health care  facility  owned  by  a
  county  may  have  a  board  of  visitors  consisting  of at least seven
  members. Members shall be appointed  by  the  county  executive  of  the
  county  in which the facility is located where the county charter or, in
  the absence of such, county law provides that members of county  boards,
  commissions,  authorities  or  agencies  are  to be appointed by such an
  officer. Such appointments shall be made with the approval of the  local
  legislative  body  of  that  county.  In those counties without a county
  executive, appointments shall be made by the  legislative  body  of  the
  county.  A  visitor  may  be  removed by the county legislative body for
  cause after notice and an opportunity for hearing on the charges.
    2. Unless provided otherwise by local  law,  each  board  shall  elect
  annually one member to serve as president of the board and one member to
  serve as secretary.
    3.  Visitors  shall not receive compensation but may be reimbursed for
  their actual expenses in connection with their service  as  visitors  by
  the facility they serve.
    4.  The board of visitors shall hold no less than six regular meetings
  annually, but a greater number of regular meetings may be  scheduled  by
  the  board.  The  conditions  under which special meetings may be called
  shall be established by local law or in by-laws of the board. The  board
  may require the head administrator of the facility to submit a report at
  each  meeting.  The  board  shall  keep  a record of its proceedings and
  activities. A member of a board of visitors who  has  failed  to  attend
  three  consecutive  meetings  shall  be  considered  to have vacated his
  office unless the board has adopted rules to the contrary.
    5. Upon the request of the head administrator of the facility or  upon
  the  board's  initiative,  the board shall consult, advise and work with
  the director with respect to  community  relations,  conditions  at  the
  facility,   preliminary  plans  for  construction  and  alterations  and
  programs and activities of the facility.
    6. The board or any member of the board  may  visit  and  inspect  the
  facility  at  any time without prior notice and may report on conditions
  to  the  local  legislative  body  or  the  county  executive  and   the
  commissioner  of  the  New York state department of health. In addition,
  the board shall insure that a member or a  committee  of  members  shall
  inspect  the  facility  once  every three months without prior notice. A
  member of a board of visitors who has failed to visit  and  inspect  the
  facility  at  least twice a year shall be considered to have vacated his
  office unless otherwise ordered by the board.
    7. The board shall have the power to investigate all  charges  against
  the administrator of the facility, all cases of alleged patient abuse or
  mistreatment,  and  any  other complaint filed against the facility. The
  board shall receive from the facility copies of all accident reports and
  any reports of abuse or neglect involving patients of the facility.  The
  board  or  any  member  of the board shall have the right to examine any
  books or papers of the  facility  at  anytime,  except  that  access  to
  patient medical records shall be with the written consent of the patient
  or his legal representative. Unless provided otherwise by local law, the
  board  shall  have  the power, in accordance with the civil practice law
  and rules, to require the production  of  any  books  or  papers  deemed
  relevant  to the investigation. The board or a member may include in the
  report of their investigation or separately  at  any  time,  any  matter
  pertaining  to  the  management and affairs of the facility and may make
  recommendations to the county executive, or in the absence of such,  the
  county legislative body and to the commissioner.

    8.  Once  each year, the board shall make an independent assessment of
  conditions at the facility and shall submit a report on  the  assessment
  and  recommendations to the commissioner and to the county executive, or
  in the absence of such, the county legislative body.
    9. The county executive or the local legislative body shall notify the
  board  of visitors of a residential health care facility of the proposed
  appointment of a head administrator to such facility with a request that
  the board report an expression of its opinion of the appointment and, if
  it objects thereto, the reasons for such an objection.
    10. The board may establish  by-laws  which  shall  be  available  for
  public inspection at the facility and the office of the county attorney.
    11.  Members  of the board of visitors shall be considered officers of
  the county by which they are compensated for purposes  of  section  four
  hundred  nine  of  the  county  law.  The  county legislative body shall
  establish a code of ethics for the members of such board, including  but
  not limited to provisions on conflict of interest and course of conduct.