2004 Legislation
Print Friendly

SENATE BILL NO. 1293 – Regional mental health services

SENATE BILL NO. 1293

View Bill Status

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                    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