2017 -- H 5578

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LC001328

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- GOVERNOR'S COUNCIL ON BEHAVIOR HEALTH

     Introduced By: Representatives Donovan, Casimiro, Carson, Ackerman, and Kazarian

     Date Introduced: February 16, 2017

     Referred To: House Health, Education & Welfare

     (Dept. of BHDDH)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 40.1-29-2, 40.1-29-3, 40.1-29-4, 40.1-29-5 and 40.1-29-6 of the

General Laws in Chapter 40.1-29 entitled "Governor's Council on Behavioral Health" are hereby

amended to read as follows:

     40.1-29-2. Legislative purpose.

     The purpose of the council is to advise the governor and general assembly on policies,

goals and operations of the behavioral health program, including the program areas of substance

abuse use disorder and mental health, and on other matters the director of mental health,

retardation, behavioral healthcare, developmental disabilities and hospitals refers to it and to

encourage public understanding and support of the behavioral health program.

     40.1-29-3. Members.

     (a) The council shall consist of twenty-six (26) thirty-one (31) voting members.

     (1) There shall be four (4) members of the legislature, two (2) shall be from the senate

and shall be appointed by the lieutenant governor senate president to serve for their legislative

term, one from each of the major political parties, and two (2) shall be from the house of

representatives and shall be appointed by the speaker to serve for their legislative term, one from

each of the two (2) major political parties.

     (2) The non-legislative members shall be the executive director of the Drug and Alcohol

Treatment Association, the executive director of the Council of Community Mental Health

Organizations Substance Use and Mental Health Leadership Council of RI, the mental health

advocate, the child advocate and a representative of the AFL-CIO to be appointed by the

governor.

     (3) The remaining eighteen (18) twenty-three (23) public members shall be appointed by

and serve at the pleasure of the governor and shall represent such community interests as

substance abuse use disorder treatment and prevention professionals, youth with behavioral health

challenges or their representatives, consumers of substance abuse use disorder programs and their

families, mental health treatment professionals, adult and elderly consumers of mental health

services and their families, families of children who are consumers of mental health and

substance abuse services, the judiciary, criminal justice officials and local government officials.

     (4) Not less than fifty (50%) percent of the public members shall be individuals who are

not state employees or providers of behavioral health services.

     (5) There shall be sufficient representation by the families of children who are consumers

of mental health and substance abuse use disorder services in order to ensure adequate

representation of such children.

     (6) Every effort shall be made to ensure that appointed members represent the cultural

diversity of the state.

     (7) All members shall have demonstrable expertise in, or experience with substance

abuse use disorders or mental health services in Rhode Island. In addition, the directors or their

designees of the departments of children, youth, and families; corrections; education; health;

human services; elderly affairs and mental health, retardation, behavioral healthcare,

developmental disabilities and hospitals and the division of elderly affairs; the attorney general or

designee and the executive director of the Rhode Island justice commission shall serve as ex

officio and without a vote as members of the council.

     (b) Any vacancy which may occur in the council shall be filled in the same manner as the

original appointments.

     (c) The governor shall designate one member as the chairperson of the council.

     40.1-29-4. Meetings.

     The council shall meet at least six (6) times a year. Failure to attend three (3) meetings in

a year may result in a recommendation of removal from the council to the governor or other

appropriate appointing authority. A quorum at the meeting shall consist of seven (7) voting

members present.

     40.1-29-5. Functions.

     The functions of the council shall be:

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     (1) To review and evaluate the behavioral health needs and problems in the state and

propose such recommendations as are appropriate;

     (2) To stimulate and seek the development and coordination of all programs relating to

behavioral health, including, but not limited to, such areas as care and treatment, prevention,

manpower, research and public education;

     (3) To encourage interdisciplinary approaches to combating, treating and preventing

substance abuse use disorders and mental illness, focusing in particular on integrating support

systems for behavioral health care;

     (4) To act as the advisory committee to the department of mental health, retardation,

behavioral healthcare, developmental disabilities and hospitals and the governor on any funds

made available to the department by the federal government for substance abuse use disorders

and/or mental health treatment and prevention purposes;

     (5) To stimulate and investigate research as it affects planning and implementation of

behavioral health care systems in the health care environment;

     (6) To make an annual report to the governor and the general assembly during the month

of January, setting forth:

     (i) The nature and extent of the behavioral health care problems in the state;

     (ii) Such information and recommendations as the council deems necessary to deal with

the problems as documented;

     (iii) A review of the council's activities during the preceding year, including but not

limited to, reports relative to activity, performance and need;

     (iv) Any plans developed by the council to deal with the behavioral health care problems

identified by the council;

     (v) Other recommendations as may be appropriate and in the public interest.

     40.1-29-6. Staff and employees.

     The director of mental health, retardation, behavioral healthcare, developmental

disabilities and hospitals shall provide the council with such professional and secretarial staff and

other support as shall be appropriate for it to carry out its designated functions. The director of the

department of children, youth, and families and the director of the department division of elderly

affairs shall provide the council with such additional professional and secretarial staff and other

employees as shall be appropriate for the council to carry out functions related to the respective

responsibilities of these departments. All departments and agencies of the state shall furnish any

advice and information, documentary and otherwise, to the council that is deemed necessary to

fulfill the purpose and functions of the council.

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     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 -- GOVERNOR'S COUNCIL ON BEHAVIOR HEALTH

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     This act would increase the membership and change the composition of the governor's

council on behavioral health from twenty-six (26) to thirty-one (31) voting members and would

make technical amendments to reflect the current names of state departments/divisions/agencies

enumerated in the statute.

     This act would take effect upon passage.

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