New York Laws
Article 13 - Office for People With Developmental Disabilities
13.05 - Developmental Disabilities Advisory Council.

(a) There is hereby established a developmental disabilities advisory
council. The council shall consist of the commissioner, the chairman of
the conference of local mental hygiene directors or his or her designee,
and at least thirty-three members to be appointed by the governor.
Beginning on and after June thirtieth, two thousand twenty-two, the
council shall consist of thirty-five members, including the
commissioner, the chairman of the conference of local mental hygiene
directors or his or her designee, four members to be appointed by the
temporary president of the senate, four members to be appointed by the
speaker of the assembly, one member to be appointed by the minority
leader of the senate, one member to be appointed by the minority leader
of the assembly and twenty-three members to be appointed by the
governor. Any current member shall be allowed to finish his or her term.
The commissioner shall oversee and assist with the transition to the
makeup of the council after such date, ensuring that as current members'
terms expire, the council appoints members in the manner set forth in
this subdivision. Members shall be appointed only if they have
demonstrated an active interest in or have obtained professional
knowledge in the care of persons with developmental disabilities or in
the field of developmental disabilities generally. The governor shall
designate one of the appointed members as chair. The council shall at
all times include in its membership representatives of community service
board developmental disabilities subcommittees, providers of services
and non-governmental organizations concerned with services for persons
with developmental disabilities. At least one-third of the membership of
the advisory council shall consist of consumer representatives including
persons with developmental disabilities, or their parents or guardians.
(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 prescribed
in subdivision (a) of this section. The designation of a member as chair
shall be made bi-annually.
(c) The developmental disabilities advisory council shall have no
executive, administrative or appointive duties. The council shall have
the duty to foster public understanding and acceptance of developmental
disabilities. It shall, in cooperation with the commissioner of
developmental disabilities, provide recommendations for statewide
priorities and goals for services for individuals with developmental
disabilities and shall advise the commissioner on matters related to
development and implementation of the statewide comprehensive plan as
required under section 5.07 of this chapter. The advisory council shall
have the power to consider any matter relating to the improvement of the
state developmental disabilities program and shall advise the
commissioner of developmental disabilities thereon and on any matter
relating to the performance of their duties with relation to individuals
with developmental disabilities and on policies, goals, budget and
operation of developmental disabilities services.
1. The council shall establish such committees as deemed necessary by
the chair with advice from the commissioner. Such committees shall
consider matters related to the various service populations served, and
programs certified by the office, as well as other matters, including
planning, fiscal, and consumer affairs. The council shall prepare and
issue such reports on its activities as deemed necessary.
2. The council shall meet at least four times in each full calendar
year. The council shall meet at the request of its chair or the
commissioner.
(d) Members of the advisory council shall receive no compensation for
their services but shall be reimbursed for all expenses actually and
necessarily incurred by them in the performance of their duties.
(e) At least thirty days prior to his or her final approval of
regulations, other than emergency regulations, the commissioner shall
submit proposed regulations to the council for its review. The council
shall review all proposed regulations and report its recommendations on
the proposed regulations to the commissioner within thirty days. Such
period may be extended upon the agreement of the commissioner.
(f) The council shall assist the commissioner of developmental
disabilities with the development and assessment of the triennial state
developmental disabilities plan issued by the office. To ensure the full
use of existing specialized and generic services in the community, to
ensure that all providers and appropriate local governmental agencies
are involved, and to ensure that local services to persons with
developmental disabilities and their families are readily available and
accessible, the council shall periodically assess the local planning
process and make recommendations thereon to the commissioner and to the
council for mental hygiene planning.
* (g) The developmental disabilities advisory council shall produce a
report to review the impact and the state's response to the COVID-19
state disaster emergency, as declared by executive order two hundred two
of two thousand twenty, as it relates to individuals with intellectual
or developmental disabilities. The office and the department of health
shall provide technical assistance and access to data as is required for
the council to effectuate such review and produce such report. The
report shall include, but not be limited to:
(i) a timeline and inventory of any and all relevant executive orders,
guidance and regulations put forth by the department of health, the
office, the executive or any other agency between March first, two
thousand twenty and April first, two thousand twenty-one in response to
the COVID-19 outbreak;
(ii) a timeline of any outreach conducted by the office with
stakeholders, including self-advocates, family advocates and voluntary
providers and what, if any, changes to guidance were made as a result of
such communication with stakeholders;
(iii) any actions or guidance the office, the department of health
and/or any other agency took to minimize exposure of COVID-19 between
residents and staff;
(iv) an inventory of actions the office, the department of health
and/or any other agency took to assist in the procurement or
provisioning of personal protective equipment for residents and staff in
state operated facilities, and facilities operated by voluntary
providers. For purposes of this section, "personal protective equipment"
shall mean all equipment worn or used to minimize exposure to a
communicable disease, including but not limited to gloves, masks and
face shields;
(v) an inventory of costs incurred by the office related to responding
to COVID-19;
(vi) an inventory of actions the office, the department of health
and/or any other agency took to assist underserved communities including
but not limited to racial and ethnic minority communities; and
(vii) specific challenges that were faced with regards to individuals
with intellectual and developmental disabilities.
(2) The developmental disabilities advisory council shall also
evaluate policies, procedures, and programs that were implemented during
the course of the COVID-19 pandemic to determine the efficacy on safety.
(3) The developmental disabilities advisory council shall provide
recommendations of changes to any laws or regulations that impeded
response to COVID-19 to the legislature.
(4) Such report shall be submitted to the governor, the temporary
president of the senate and the speaker of the assembly no later than
nine months from the effective date of this subdivision and shall be
made publicly available online.
* NB Repealed 10 days after transmission of the report of the findings
by the developmental disabilities advisory council to the governor, the
temporary president of the senate and the speaker of the assembly