Chapter 124
2017 -- S 0544
Enacted 07/05/2017

A N   A C T
RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS -- GOVERNOR'S COUNCIL ON BEHAVIOR HEALTH

Introduced By: Senators Calkin, Miller, Goldin, Sosnowski, and Satchell
Date Introduced: March 09, 2017

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 use disorder 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 that 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:
     (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.
     SECTION 2. This act shall take effect upon passage.
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