2014 -- H 7675

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LC004571

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES, AND

HOSPITALS - MENTAL HEALTH LAW

     Introduced By: Representatives Naughton, Silva, Bennett, McLaughlin, and Hull

     Date Introduced: February 27, 2014

     Referred To: House Health, Education & Welfare

     (Governor)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 40.1-5-14 of the General Laws in Chapter 40.1-5 entitled "Mental

Health Law" is hereby amended to read as follows:

     40.1-5-14. Appointment and term of office of mental health advocate. -- The

governor, with the advice and consent of the senate, shall appoint a member of the bar of this

state who has been practicing law for at least five (5) three (3) years to fill the office of the mental

health advocate who shall be a person qualified by training and experience to perform the duties

of the office as set forth in § 40.1-5-22. The appointment shall be made from a list of at least three

(3) persons prepared and submitted by a committee consisting of one attorney appointed by the

Rhode Island Bar Association; one attorney appointed by the Rhode Island Disability Law

Center; two (2) judges of the district court appointed by the Chief Judge; one person appointed by

the Rhode Island Association for Mental Health; one person appointed by the Alliance for the

Mentally Ill of Rhode Island; three (3) persons appointed by the Coalition of Consumer Self

Advocates; one psychiatrist, appointed by the Rhode Island district branch of the American

Psychiatric Association; one psychologist appointed by the Rhode Island Psychological

Association; one social worker appointed by the Rhode Island chapter of the National Association

of Social Workers; one person appointed by the secretary of the Executive Office of Health and

Human Services; and two (2) members of the general public appointed by the governor. Eight (8)

members of the committee shall constitute a quorum. No one shall be eligible for appointment

unless he or she is a resident of this state. The board shall elect from among the members a chair

and a vice-chair. The person appointed mental health advocate shall hold office for a term of five

(5) years and shall continue to hold office until his or her successor is appointed and qualified.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES, AND

HOSPITALS - MENTAL HEALTH LAW

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     This act would bring the appointment process for the office of mental health advocate in

line with the appointment process for the office of the child advocate. This act would also

increase and diversify the candidate pool and allow full participate in the selection process by

those entities that routinely interact with the mental health advocate.

     This act would take effect upon passage.

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LC004571

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