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S1293aaH..............................................by HEALTH AND WELFARE
REGIONAL MENTAL HEALTH SERVICES - Adds to and amends existing law to revise
petition requirements for regional mental health services; to provide for
regional mental health boards; to set forth membership; to set forth
appointing authority; to require meetings; to provide for the submission of
appointment lists; to provide for board membership as applicable to current
members of regional mental health advisory boards and future appointments;
to provide for the filling of vacancies; to set forth additional powers and
duties of regional mental health boards; and to provide for cooperative
service plan components.
02/09 Senate intro - 1st rdg - to printing
02/10 Rpt prt - to Health/Wel
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Schroeder, Sorensen, Stegner,
Stennett, Werk, Williams
NAYS -- None
Absent and excused -- Compton(Duncan), Richardson, Sweet
Floor Sponsor - Stegner
Title apvd - to House
03/08 House intro - 1st rdg - to Health/Wel
03/17 Rpt out - to Gen Ord
03/18 Rpt out amen - to 1st rdg as amen
03/19 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 58-3-9
AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Eberle, Ellsworth, Field(18), Field(23), Gagner,
Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Langford,
Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,
Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo,
Roberts, Robison, Rydalch, Sali, Schaefer, Shepherd, Shirley,
Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood
NAYS -- Douglas, Eskridge, Sayler
Absent and excused -- Bauer, Bell, Edmunson, Harwood, Lake, Ridinger,
Smith(24), Trail, Mr. Speaker
Floor Sponsor - Garrett
Title apvd - to Senate
03/19 Senate concurred in House amens - to engros
03/20 Rpt engros - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 32-0-3
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Marley,
McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Burtenshaw, Malepeai, Noble
Floor Sponsor - Stegner
Title apvd - To enrol - Rpt enrol - Pres signed
03/22 Sp signed - To Governor
03/31 Governor signed
Session Law Chapter 354
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1293
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO MENTAL HEALTH SERVICES; AMENDING SECTION 39-3129, IDAHO CODE, TO
3 REVISE PETITION REQUIREMENTS FOR REGIONAL MENTAL HEALTH SERVICES AND TO
4 DELETE A REFERENCE TO NOMINATIONS FOR REGIONAL MENTAL HEALTH ADVISORY
5 BOARDS; AMENDING SECTION 39-3130, IDAHO CODE, TO PROVIDE FOR REGIONAL MEN-
6 TAL HEALTH BOARDS, TO SET FORTH MEMBERSHIP, TO SET FORTH APPOINTING
7 AUTHORITY, TO REQUIRE MEETINGS, TO PROVIDE FOR THE SUBMISSION OF APPOINT-
8 MENT LISTS TO THE DEPARTMENT OF HEALTH AND WELFARE AND TO PROVIDE FOR
9 BOARD MEMBERSHIP AS APPLICABLE TO CURRENT MEMBERS OF REGIONAL MENTAL
10 HEALTH ADVISORY BOARDS AND FUTURE APPOINTMENTS; AMENDING SECTION 39-3131,
11 IDAHO CODE, TO REMOVE A REFERENCE TO ADVISORY BOARDS AND TO PROVIDE FOR
12 THE FILLING OF VACANCIES; AMENDING SECTION 39-3132, IDAHO CODE, TO REVISE
13 TERMINOLOGY, TO MAKE GRAMMATICAL CHANGES AND TO SET FORTH ADDITIONAL
14 POWERS AND DUTIES FOR REGIONAL MENTAL HEALTH BOARDS; AND AMENDING CHAPTER
15 31, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-3134A, IDAHO
16 CODE, TO PROVIDE FOR COOPERATIVE SERVICE PLAN COMPONENTS.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Section 39-3129, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 39-3129. PETITION FOR REGIONAL SERVICES. Petition for regional mental
21 health services may be made to the state mental health authority. The petition
22 may be submitted by units of government within the region, by public and pri-
23 vate agencies or professional associations serving within the region, or by a
24 private, nonprofit corporation formed by citizens of that region for the pur-
25 pose of planning for, petitioning for and securing mental health services for
26 that region. The petition shall contain: (1) an identification of the peti-
27 tioning group or groups; (2) a statement of the mental health needs of the
28 region; and (3) an outline of the planning for mental health services already
29 accomplished in the region; and (4) a list of twenty (20) names of citizens of
30 the region for nomination to the regional mental health advisory board.
31 SECTION 2. That Section 39-3130, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 39-3130. REGIONAL MENTAL HEALTH ADVISORY BOARD -- MEMBERS. The state men-
34 tal health authority shall appoint a A regional mental health advisory board
35 for each region consisting of not less than nine fourteen (914) and not more
36 than fifteen (15) members is hereby created and shall be appointed as provided
37 herein. Members who shall be qualified electors and who shall be representa-
38 tive of the population within the region represent the following: three (3)
39 county commissioners; two (2) department of health and welfare employees who
40 represent the mental health system within the region; a representative of the
41 children's mental health regional council who is not an employee of the
2
1 department of health and welfare; a law enforcement officer; three (3) mental
2 health services consumer representatives, advocates or family members; a pro-
3 vider of mental health services within the region; a physician or other
4 licensed health practitioner from within the region; a representative of a
5 hospital within the region; and a member of the regional advisory substance
6 abuse authority. The board shall meet at least twice each year, and shall
7 annually elect a chairperson and other officers as it deems appropriate.
8 The appointing authority in each region shall be a committee composed of
9 the chairperson of the board of county commissioners of each of the counties
10 within the region, the regional mental health program manager for the depart-
11 ment of health and welfare and the regional director for the department of
12 health and welfare. The committee shall meet annually or as needed to fill
13 vacancies on the board. The list of appointments shall be submitted to the
14 department of health and welfare.
15 Members of the regional mental health advisory board who are serving on
16 the effective date of this act may continue to serve until the end of the cur-
17 rent term of their appointment. Appointments made after the effective date of
18 this act shall be made in a manner to achieve the representation provided in
19 this section as soon as reasonably practical.
20 SECTION 3. That Section 39-3131, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 39-3131. TERM -- VACANCIES -- COMPENSATION. The term of each member of
23 the advisory board shall be for four (4) years; provided, however, that of the
24 members first appointed, one-third (1/3) from each region shall be appointed
25 for a term of two (2) years; one-third (1/3) for a term of three (3) years;
26 and one-third (1/3) for a term of four (4) years. After the membership repre-
27 sentation required in section 39-3130, Idaho Code, is achieved, vVacancies
28 shall be filled for the unexpired term in the same manner as original appoint-
29 ments. Board members shall be compensated as provided by section 59-509(b),
30 Idaho Code, and such compensation shall be paid from the operating budget of
31 the regional mental health service.
32 SECTION 4. That Section 39-3132, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 39-3132. POWERS AND DUTIES. The duties of the regional mental health
35 advisory board: shall be:
36 (1) To Shall advise the division of mental health on local mental health
37 needs within the region;
38 (2) To Shall assist in the formulation of an operating policy for the
39 regional service;
40 (3) To Shall interpret the regional mental health services to the citi-
41 zens and agencies of the region;
42 (4) To Shall advise the state mental health authority of the progress,
43 problems and proposed projects of the regional service;
44 (5) Shall collaborate with the regional advisory substance abuse authori-
45 ties and the regional children's mental health councils to develop appropriate
46 joint programs;
47 (6) Shall promote improvements in the delivery of mental health services
48 and coordinate and exchange information regarding mental health programs in
49 the region;
50 (7) Shall identify gaps in available services and recommend service
51 enhancements that address identified needs for consideration to the state men-
3
1 tal health authority;
2 (8) Shall assist the state planning council on mental health with plan-
3 ning for service system improvement; and
4 (9) May develop, or obtain proposals for, a service plan component for
5 consideration by the state mental health authority.
6 SECTION 5. That Chapter 31, Title 39, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 39-3134A, Idaho Code, and to read as follows:
9 39-3134A. COOPERATIVE SERVICE PLAN COMPONENT. The regional mental health
10 board may undertake development of a service plan component specifically
11 designed to address an identified unmet need in the region. Such a service
12 plan component may be based upon the assertive community treatment team model,
13 other available intensive models, or a model unique to the region. Such a ser-
14 vice plan component shall specify the distinct resource contribution of each
15 participating entity, the terms and conditions of participation and the mea-
16 sures to be used to assess performance and outcomes under the service plan
17 component. The service plan component shall include governance procedures,
18 evaluation data, and the means for amendment or termination of the service
19 plan component. If a service plan component is developed pursuant to this sec-
20 tion and approved by the state mental health authority, the service plan com-
21 ponent shall be funded by the state as provided in the service plan component,
22 subject to the appropriation made for that purpose.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Garrett
Seconded by Sali
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1293
1 AMENDMENT TO SECTION 2
2 On page 2 of the printed bill, in line 6, following "authority." insert:
3 "The consumer and family representatives shall be selected from nominations
4 submitted by mental health consumer and advocacy organizations.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1293, As Amended in the House
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO MENTAL HEALTH SERVICES; AMENDING SECTION 39-3129, IDAHO CODE, TO
3 REVISE PETITION REQUIREMENTS FOR REGIONAL MENTAL HEALTH SERVICES AND TO
4 DELETE A REFERENCE TO NOMINATIONS FOR REGIONAL MENTAL HEALTH ADVISORY
5 BOARDS; AMENDING SECTION 39-3130, IDAHO CODE, TO PROVIDE FOR REGIONAL MEN-
6 TAL HEALTH BOARDS, TO SET FORTH MEMBERSHIP, TO SET FORTH APPOINTING
7 AUTHORITY, TO REQUIRE MEETINGS, TO PROVIDE FOR THE SUBMISSION OF APPOINT-
8 MENT LISTS TO THE DEPARTMENT OF HEALTH AND WELFARE AND TO PROVIDE FOR
9 BOARD MEMBERSHIP AS APPLICABLE TO CURRENT MEMBERS OF REGIONAL MENTAL
10 HEALTH ADVISORY BOARDS AND FUTURE APPOINTMENTS; AMENDING SECTION 39-3131,
11 IDAHO CODE, TO REMOVE A REFERENCE TO ADVISORY BOARDS AND TO PROVIDE FOR
12 THE FILLING OF VACANCIES; AMENDING SECTION 39-3132, IDAHO CODE, TO REVISE
13 TERMINOLOGY, TO MAKE GRAMMATICAL CHANGES AND TO SET FORTH ADDITIONAL
14 POWERS AND DUTIES FOR REGIONAL MENTAL HEALTH BOARDS; AND AMENDING CHAPTER
15 31, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-3134A, IDAHO
16 CODE, TO PROVIDE FOR COOPERATIVE SERVICE PLAN COMPONENTS.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Section 39-3129, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 39-3129. PETITION FOR REGIONAL SERVICES. Petition for regional mental
21 health services may be made to the state mental health authority. The petition
22 may be submitted by units of government within the region, by public and pri-
23 vate agencies or professional associations serving within the region, or by a
24 private, nonprofit corporation formed by citizens of that region for the pur-
25 pose of planning for, petitioning for and securing mental health services for
26 that region. The petition shall contain: (1) an identification of the peti-
27 tioning group or groups; (2) a statement of the mental health needs of the
28 region; and (3) an outline of the planning for mental health services already
29 accomplished in the region; and (4) a list of twenty (20) names of citizens of
30 the region for nomination to the regional mental health advisory board.
31 SECTION 2. That Section 39-3130, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 39-3130. REGIONAL MENTAL HEALTH ADVISORY BOARD -- MEMBERS. The state men-
34 tal health authority shall appoint a A regional mental health advisory board
35 for each region consisting of not less than nine fourteen (914) and not more
36 than fifteen (15) members is hereby created and shall be appointed as provided
37 herein. Members who shall be qualified electors and who shall be representa-
38 tive of the population within the region represent the following: three (3)
39 county commissioners; two (2) department of health and welfare employees who
40 represent the mental health system within the region; a representative of the
41 children's mental health regional council who is not an employee of the
2
1 department of health and welfare; a law enforcement officer; three (3) mental
2 health services consumer representatives, advocates or family members; a pro-
3 vider of mental health services within the region; a physician or other
4 licensed health practitioner from within the region; a representative of a
5 hospital within the region; and a member of the regional advisory substance
6 abuse authority. The consumer and family representatives shall be selected
7 from nominations submitted by mental health consumer and advocacy organiza-
8 tions. The board shall meet at least twice each year, and shall annually elect
9 a chairperson and other officers as it deems appropriate.
10 The appointing authority in each region shall be a committee composed of
11 the chairperson of the board of county commissioners of each of the counties
12 within the region, the regional mental health program manager for the depart-
13 ment of health and welfare and the regional director for the department of
14 health and welfare. The committee shall meet annually or as needed to fill
15 vacancies on the board. The list of appointments shall be submitted to the
16 department of health and welfare.
17 Members of the regional mental health advisory board who are serving on
18 the effective date of this act may continue to serve until the end of the cur-
19 rent term of their appointment. Appointments made after the effective date of
20 this act shall be made in a manner to achieve the representation provided in
21 this section as soon as reasonably practical.
22 SECTION 3. That Section 39-3131, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-3131. TERM -- VACANCIES -- COMPENSATION. The term of each member of
25 the advisory board shall be for four (4) years; provided, however, that of the
26 members first appointed, one-third (1/3) from each region shall be appointed
27 for a term of two (2) years; one-third (1/3) for a term of three (3) years;
28 and one-third (1/3) for a term of four (4) years. After the membership repre-
29 sentation required in section 39-3130, Idaho Code, is achieved, vVacancies
30 shall be filled for the unexpired term in the same manner as original appoint-
31 ments. Board members shall be compensated as provided by section 59-509(b),
32 Idaho Code, and such compensation shall be paid from the operating budget of
33 the regional mental health service.
34 SECTION 4. That Section 39-3132, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 39-3132. POWERS AND DUTIES. The duties of the regional mental health
37 advisory board: shall be:
38 (1) To Shall advise the division of mental health on local mental health
39 needs within the region;
40 (2) To Shall assist in the formulation of an operating policy for the
41 regional service;
42 (3) To Shall interpret the regional mental health services to the citi-
43 zens and agencies of the region;
44 (4) To Shall advise the state mental health authority of the progress,
45 problems and proposed projects of the regional service;
46 (5) Shall collaborate with the regional advisory substance abuse authori-
47 ties and the regional children's mental health councils to develop appropriate
48 joint programs;
49 (6) Shall promote improvements in the delivery of mental health services
50 and coordinate and exchange information regarding mental health programs in
51 the region;
3
1 (7) Shall identify gaps in available services and recommend service
2 enhancements that address identified needs for consideration to the state men-
3 tal health authority;
4 (8) Shall assist the state planning council on mental health with plan-
5 ning for service system improvement; and
6 (9) May develop, or obtain proposals for, a service plan component for
7 consideration by the state mental health authority.
8 SECTION 5. That Chapter 31, Title 39, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 39-3134A, Idaho Code, and to read as follows:
11 39-3134A. COOPERATIVE SERVICE PLAN COMPONENT. The regional mental health
12 board may undertake development of a service plan component specifically
13 designed to address an identified unmet need in the region. Such a service
14 plan component may be based upon the assertive community treatment team model,
15 other available intensive models, or a model unique to the region. Such a ser-
16 vice plan component shall specify the distinct resource contribution of each
17 participating entity, the terms and conditions of participation and the mea-
18 sures to be used to assess performance and outcomes under the service plan
19 component. The service plan component shall include governance procedures,
20 evaluation data, and the means for amendment or termination of the service
21 plan component. If a service plan component is developed pursuant to this sec-
22 tion and approved by the state mental health authority, the service plan com-
23 ponent shall be funded by the state as provided in the service plan component,
24 subject to the appropriation made for that purpose.
STATEMENT OF PURPOSE
RS 13662C1
The purpose of this bill is to revise the membership of the current
regional mental health advisory boards and provide for additional
powers and duties for the new boards which will increase their
function beyond the advisory level.
The legislation will require the county commission chairs, and the
Department of Health and Welfare program manager and the regional
director in each region to appoint the members of the boards with
representation specified in the legislation. Once appointed, a list
will be sent to the Department of Health and Welfare.
The legislation requires the collaboration, cooperation, and
communication between the regional mental health boards, the regional
substance abuse authorities and the regional children's mental health
councils in order to increase efficiency and avoid duplication of
efforts and services.
The new boards, once established, may develop a service plan component
for their region that will address unmet needs within the region. Once
developed, the service plan component will be submitted to the state
mental health authority for their review and approval, and upon approval
will be subject to appropriations made for that purpose.
FISCAL IMPACT
There is no fiscal impact on the state general fund or any political
subdivision, subject to future appropriations by the legislature or local
governmental entities. This does not prevent each regional board from
soliciting or acquiring funds from other sources for purposes that they may
deem necessary or appropriate.
Contact
Name: Senator Joe Stegner
Phone: (208) 332-1307
Tony Poinelli, Deputy Director
Idaho Association of Counties
Phone: (208) 345-9126
STATEMENT OF PURPOSE/FISCAL NOTE S 1293