Requires drug tests for potential employees of the office of mental health and the office for people with developmental disabilities

BILL NUMBER:S5249A

Title of bill

An act to amend the mental hygiene law and the civil service law, in relation to requiring drug testing for all potential officers, employees and volunteers of the office of mental health and the office for people with developmental disabilities prior to employment

Purpose or general idea of bill

This legislation proposes a drug screening process for potential employees working with people with mental and/or developmental disabilities. This drug test will filter out unworthy candidates during the hiring process.

Summary of specific provisions

Section 1 proposes to amend section 7.23 of the mental hygiene law, as added by chapter 978 of the laws of 1977; and adds a new subsection d to section 13.23 of the mental hygiene law, as added by chapter 978 of the laws of 1977, is amended to read as follows:

The commissioner shall require the submission of the results of a drug test submitted to the office prior to employment of person, employee or volunteer. The refusal of the drug test automatically makes the individual ineligible for employment.

The civil service law is amended by adding a new section 153 to read as follows:

(153) Drug testing will be required for certain officers. This sanction applies to all officers, employees and volunteers at any facility operated by either the office of mental health or the office for people with developmental disabilities. Prior to employment all are required to submit a drug test. Should any individual refuse the mandatory testing they are no longer eligible for employment with the office or any facility thereof.

Justification

The legislation lays out provisions and sanctions which actively promote a high standard of care in offices of mental health and offices for people with developmental disabilities. One way a high standard of care can be promoted is through the drug testing of all potential officers, employees, or volunteers. The care of people with mental and/or developmental disabilities is entirely in the hands of the individuals who are employed in these facilities or programs. This bill proposes to add a filter which would allow employers to be certain of the character of the potential employee. This is essential to prevent unsuitable candidates from entering the system. Finding appropriate, professional individuals to fill these roles is fundamental.

Drug usage on any level does reflect a personal characteristic which is not appropriate for this work environment. The refusal to do such a test would also be a strong defining feature of an individual's character. This would also render the candidate no longer eligible for such a position. The legislation's core idea IS to further protect the vulnerable people in our society by ensuring the care given is administered by suitable professionals.

Prior legislative history

New Legislation.

Fiscal implications for state and local governments

Unknown.

Effective date

This act shall take effect on the one hundred twentieth day after it shall become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.