Introduced By: Senators Cicilline, Kelly, Fogarty, Goodwin and Walton
Date Introduced : February 3, 1998
It is enacted by the General Assembly as follows:
SECTION 1. {ADD Legislative Finding: According to current research, at least one half (1/2) of the one and one half (1 1/2) million to two (2) million Americans who suffer from severe mental illness correspondingly struggle with alcohol or drug addiction. The combination of mental illness and substance abuse results in an extremely debilitating condition requiring specialized forms of treatment. ADD}
{ADD Increasingly emerging in recent years is the concept and practice of behavioral health care - an approach that utilizes treatment techniques for both mental illness and substance abuse. Behavioral health care provides individuals with a range of programs and services specifically designed to help them on the road to recovery. ADD}
{ADD The schism in services and programs for mental health and substance abuse problems within the state government in Rhode Island is not unique. There had been an inclination to treat these anomalies in separate and discrete ways. However, that tendency is now diminishing and several states have adopted or are adopting behavioral health care models, and systems of service that enhance the integration of needed programs of care and treatment. ADD}
{ADD In view of these developments, it is in the best interests of the citizens of the state of Rhode Island to establish the division of substance abuse services within the department of mental health, retardation, and hospitals, serving the two fold purpose of organizing the mental health and substance abuse services and programs into a coordinated system of care and treatment and functioning as a leader for the private sector providers to further orient their treatment and service programs into integrated behavioral health care models. ADD}
SECTION 2. Section 23-1-1.3 of the General Laws in Chapter 23-1 entitled "Department of Health" is hereby amended to read as follows:
23-1-1.3. Transfer of responsibilities. -- Whenever, in any general or public law, the words "office of substance abuse", "OSA", "department of substance abuse" shall appear, they shall be deemed to refer to and to mean the "department of {ADD mental ADD} health {ADD , retardation, and hospitals ADD}". Whenever, in any general or public law, the words "director of the department of substance abuse" shall appear, they shall be deemed to refer to and to mean the "director of the department of {ADD mental ADD} health {ADD , retardation, and hospitals ADD}".
SECTION 3. Section 23-1-37 of the General Laws in Chapter 23-1 entitled "Department of Health" is hereby repealed in its entirety.
{DEL23-1-37. Powers and duties of the office. -- DEL}
{DELNotwithstanding any provision of the Rhode Island general laws
to the contrary, the department of health shall have the following
powers and duties: DEL}
{DEL (1) To establish and promulgate the overall plans, policies,
objectives, and priorities for state substance abuse prevention
and treatment, provided however, that the director shall obtain
and consider input from all affected state departments and agencies
prior to the promulgation of any such plans or policies. DEL}
{DEL (2) Evaluate and monitor all state grants and contracts
to local substance abuse service providers. DEL}
{DEL (3) Develop, provide for, and coordinate the implementation
of a comprehensive state plan for substance abuse prevention and
treatment. DEL}
{DEL (4) Ensure the collection, analysis, and dissemination
of information for planning and evaluation of substance abuse
services. DEL}
{DEL (5) Provide support, guidance, and technical assistance
to individuals, local governments, community service providers,
public, and private organizations in their substance abuse prevention
and treatment activities. DEL}
{DEL (6) Adopt and promulgate rules and regulations. DEL}
{DEL (7) Confer with all affected department directors to coordinate
the administration of state programs and policies that directly
affect substance abuse treatment and prevention. DEL}
{DEL (8) Seek and receive funds from the federal government
and private sources in order to further the purposes of this chapter. DEL}
{DEL (9) To enter into, in compliance with the provisions of
title 37, chapter 2, contractual relationships and memoranda of
agreement as necessary to the purpose of this chapter. DEL}
{DEL (10) Perform other acts and exercise any other powers
necessary or convenient to carry out the intent and purposes of
this chapter. DEL}
SECTION 4. Chapter 40.1-1 of the General Laws entitled "Department of Mental Health" is hereby amended by adding thereto the following sections:
{ADD 40.1-1-13. Powers and duties of the office. -- ADD} {ADD Notwithstanding any provision of the Rhode Island general laws to the contrary, the department of mental health, retardation and hospitals shall have the following powers and duties: ADD}
{ADD (1) To establish and promulgate the overall plans, policies, objectives, and priorities for state substance abuse education, prevention and treatment, provided however, that the director shall obtain and consider input from all interested state departments and agencies prior to the promulgation of any such plans or policies. ADD}
{ADD (2) Evaluate and monitor all state grants and contracts to local substance abuse service providers. ADD}
{ADD (3) Develop, provide for, and coordinate the implementation of a comprehensive state plan for substance abuse education, prevention and treatment. ADD}
{ADD (4) Ensure the collection, analysis, and dissemination of information for planning and evaluation of substance abuse services. ADD}
{ADD (5) Provide support, guidance, and technical assistance to individuals, local governments, community service providers, public and private organizations in their substance abuse education, prevention and treatment activities. ADD}
{ADD (6) Confer with all interested department directors to coordinate the administration of state programs and policies that directly affect substance abuse treatment and prevention. ADD}
{ADD (7) Seek and receive funds from the federal government and private sources in order to further the purposes of this chapter. ADD}
{ADD (8) Act in the capacity of "state substance abuse authority" as that term has meaning for coordination of state substance abuse planning and policy and as it relates to requirements set forth in pertinent federal substance abuse laws and regulations. ADD}
{ADD (9) Propose, review and/or approve, as appropriate, proposals, policies or plans involving insurance and managed care systems for substance abuse services in Rhode Island. ADD}
{ADD (10) To enter into, in compliance with the provisions of title 37, chapter 2, contractual relationships and memoranda of agreement as necessary for the purposes of this chapter. ADD}
{ADD (11) To license facilities and programs for the care and treatment of substance abusers, and for the prevention of substance abuse. ADD}
{ADD (12) To promulgate rules and regulations necessary to carry out the requirements of this chapter. ADD}
{ADD (13) Perform other acts and exercise any other powers necessary or convenient to carry out the intent and purposes of this chapter. ADD}
{ADD (14) To exercise the authority and responsibilities relating to education, prevention and treatment of substance abuse, as contained in, but not limited to the following chapters: 23-1.10; 23-10.1; 23-28.2; 16-21.2; 16-21.3; 42-50.1; 42-109; 5-69 and section 35-4-18. ADD}
{ADD 40.1-1-14. Transfer determination. -- ADD} {ADD(a) The director of administration, with the approval of the governor, shall make the conclusive determination of the number of positions, personnel, property, records, and appropriation balances, allocations, and other funds of the department of health to be transferred to the department of mental health, retardation and hospitals in connection with the functions transferred thereunto by the provisions of this chapter. ADD}
{ADD (b) Such further measures and dispositions as the director of administration, with the approval of the governor, shall deem necessary in order to effectuate the transfer of functions provided in this chapter shall be carried out as the director of administration shall direct and by the agencies the director of administration shall designate. ADD}
{ADD 40.1-1-15. Continuity of administrative function. -- ADD} {ADD In order to insure continuity of the administrative business of the state, the actual transfer of functions or any part thereof to the department of mental health, retardation and hospitals from the department of health may be postponed after July 1, 1998 until such time as, by executive order of the governor, the transfer herein provided can be put into force and effect. ADD}
{ADD 40.1-1-16. Division of substance abuse services. -- Establishment. --ADD} {ADDThe director of the department of administration shall promulgate rules and regulations that are necessary to establish a division of substance abuse services within the department of mental health, retardation, and hospitals. ADD}
{ADD 40.1-1-17. Law revision. --ADD} {ADD All general and public laws affected by this chapter shall be revised, amended, consolidated or conformed by the law revision office. Wherever in general and public laws reference is made to the functions of the department of health which are transferred to the department of mental health, retardation and hospitals, the law revision officer shall revise, amend, consolidate, and conform such references to effectuate the purpose and intent of this chapter. Such general and public laws, when so revised, amended, consolidated, an conformed, shall be published in the general and public laws. ADD}
{ADD 40.1-1-18. Liberal construction. --ADD} {ADDThis chapter shall be liberally construed in aid of its declared purposes, the primary purpose of which is the coordination and integration of functions relating to substance abuse education, prevention and treatment within one department and the allocation of these functions to the department of mental health, retardation and hospitals. ADD}
SECTION 5. This act shall take effect on July 1, 1998.
