2006 Legislation
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SENATE BILL NO. 1389 – Regional mental health services

SENATE BILL NO. 1389

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Bill Status



S1389aaH..............................................by HEALTH AND WELFARE
REGIONAL MENTAL HEALTH SERVICES - Amends and adds to existing law to
provide for state mental health authority responsibilities; to establish a
state planning council; to provide for council responsibilities; to provide
for appointment authority and membership; to provide for membership terms;
to permit the establishment of subcommittees; to provide for regional
comprehensive mental health center services; to provide that petitions to
the state mental health authority be made through the regional mental
health board; to revise powers and duties of the regional mental health
board; to permit additional funding by the state to regional mental health
boards for specified services; and to permit funding from private and other
public services.
                                                                        
02/13    Senate intro - 1st rdg - to printing
02/14    Rpt prt - to Health/Wel
02/17    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/23    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Pearce
    Floor Sponsor - Stegner
    Title apvd - to House
02/24    House intro - 1st rdg - to Health/Wel
03/08    Rpt out - to Gen Ord
    Rpt out amen - to 1st rdg as amen
03/09    1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/21    3rd rdg as amen - PASSED - 57-3-10
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bell, Black,
      Block, Boe, Bolz, Brackett, Cannon, Chadderdon, Clark, Collins, Deal,
      Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,
      Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour,
      Martinez, Mathews, McKague, Miller, Mitchell, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smylie, Stevenson, Trail, Wills, Wood
      NAYS -- Barrett, Loertscher, Moyle
      Absent and excused -- Bedke, Bilbao, Bradford, Crow, McGeachin,
      Roberts, Sali, Smith(24), Snodgrass, Mr. Speaker
    Floor Sponsor - Garrett
    Title apvd - to Senate
03/22    Senate concurred in House amens - to engros
03/23    Rpt engros - 1st rdg - to 2nd rdg as amen
03/24    2nd rdg - to 3rd rdg as amen
03/28    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark),
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Stegner
    Title apvd - to enrol
03/29    Rpt enrol - Pres signed - Sp signed
03/30    To Governor
03/31    Governor signed
         Session Law Chapter 277
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1389
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO REGIONAL MENTAL HEALTH SERVICES; AMENDING SECTION  39-3124,  IDAHO
  3        CODE,  TO  PROVIDE  FOR  STATE  MENTAL  HEALTH AUTHORITY RESPONSIBILITIES;
  4        AMENDING SECTION 39-3125, IDAHO CODE, TO REDESIGNATE THE  SECTION  AND  TO
  5        PROVIDE FOR STATE MENTAL HEALTH AUTHORITY RESPONSIBILITIES; AMENDING CHAP-
  6        TER  31,  TITLE  39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-3125,
  7        IDAHO CODE, TO ESTABLISH A STATE PLANNING COUNCIL, TO PROVIDE FOR  COUNCIL
  8        RESPONSIBILITIES,  TO PROVIDE FOR APPOINTMENT AUTHORITY AND MEMBERSHIP, TO
  9        PROVIDE FOR MEMBERSHIP TERMS AND TO PERMIT THE ESTABLISHMENT OF SUBCOMMIT-
 10        TEES; AMENDING SECTION 39-3126, IDAHO CODE, TO  REDESIGNATE  THE  SECTION;
 11        AMENDING  SECTION  39-3127,  IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
 12        PROVIDE ADDITIONAL REGIONAL COMPREHENSIVE MENTAL HEALTH  CENTER  SERVICES;
 13        REPEALING  SECTION  39-3128, IDAHO CODE, RELATING TO ESTABLISHMENT OF SER-
 14        VICES IN EACH REGION; AMENDING SECTION 39-3129,  IDAHO  CODE,  TO  PROVIDE
 15        THAT  PETITIONS  TO  THE STATE MENTAL HEALTH AUTHORITY BE MADE THROUGH THE
 16        REGIONAL MENTAL HEALTH BOARD; AMENDING SECTION  39-3132,  IDAHO  CODE,  TO
 17        REVISE THE POWERS AND DUTIES OF THE REGIONAL MENTAL HEALTH BOARD; AMENDING
 18        SECTION  39-3133, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE; AND AMENDING
 19        SECTION 39-3134A, IDAHO  CODE,  TO  PERMIT  ADDITIONAL  STATE  FUNDING  TO
 20        REGIONAL MENTAL HEALTH BOARDS FOR SPECIFIED SERVICES AND TO PERMIT FUNDING
 21        FROM PRIVATE AND OTHER PUBLIC SERVICES.
                                                                        
 22    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 23        SECTION  1.  That  Section 39-3124, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        39-3124.  DESIGNATION OF STATE MENTAL HEALTH AUTHORITY. The Idaho  depart-
 26    ment  of  health  and  welfare  is  hereby  designated the state mental health
 27    authority. The state mental health authority is responsible  for  taking  into
 28    consideration  and  incorporating  the  recommendations and evaluations of the
 29    state planning council on mental health and the regional mental  health  advi-
 30    sory  boards  in all statewide efforts to expand, improve, notify or transform
 31    the mental health service delivery system  of  the  state.  The  state  mental
 32    health  authority shall  identify the resources necessary for these efforts to
 33    be implemented on a statewide basis.
                                                                        
 34        SECTION 2.  That Section 39-3125, Idaho Code, be, and the same  is  hereby
 35    amended to read as follows:
                                                                        
 36        39-31256.  DESIGNATION  OF  REGIONS  FOR  COMPREHENSIVE MENTAL HEALTH SER-
 37    VICES. Recognizing both the right of every citizen to the best  mental  health
 38    services that the state is able to provide and the disproportionate ability of
 39    counties  to finance mental health services, the state mental health authority
 40    shall designate regions and be responsible for  the  purpose  of  establishing
 41    regional  comprehensive  mental health services for all areas of the state. In
                                                                        
                                           2
                                                                        
  1    the establishment of regions, primary consideration will be given  to  natural
  2    population  groupings and trading areas, the regions previously designated for
  3    the establishment of other health services, the mental  health  needs  of  the
  4    people  within the proposed regions, and the appropriate maximal use of avail-
  5    able funding.
                                                                        
  6        SECTION 3.  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 39-3125, Idaho Code, and to read as follows:
                                                                        
  9        39-3125.  STATE PLANNING COUNCIL ON MENTAL HEALTH. (1)  A  state  planning
 10    council  shall be established to serve as an advocate for adults with a severe
 11    mental illness and for seriously emotionally disturbed children and youth;  to
 12    advise  the  state  mental health authority on issues of concern, policies and
 13    programs and provide guidance to the mental health authority in  the  develop-
 14    ment  and  implementation  of the state mental health systems plan; to monitor
 15    and evaluate the allocation and adequacy of mental health services within  the
 16    state  on an ongoing basis; to ensure that individuals with severe mental ill-
 17    ness and serious emotional disturbances have access to  treatment,  prevention
 18    and rehabilitation services including those services that go beyond the tradi-
 19    tional mental health system; to serve as a vehicle for intra-agency and inter-
 20    agency  policy and program development; and to present to the governor and the
 21    legislature by June 30 of each year a report on the council's achievements and
 22    the impact on the quality of life that mental health services has on  citizens
 23    of the state.
 24        (2)  The  planning  council shall be appointed by the governor and be com-
 25    prised of not more than fifty percent (50%) nonstate employees or providers of
 26    mental health services. Membership shall also reflect to the  extent  possible
 27    the  collective  demographic characteristics of Idaho's citizens. The planning
 28    council membership shall strive to include representation from consumers, fam-
 29    ilies of adult individuals with severe mental illness; families of children or
 30    youth with serious emotional disturbance; principal state  agencies  including
 31    the judicial branch with respect to mental health, education, vocational reha-
 32    bilitation,  criminal  justice, title XIX of the social security act and other
 33    entitlement programs; public and private entities  concerned  with  the  need,
 34    planning,  operation,  funding  and use of mental health services, and related
 35    support services; and the  regional  mental  health  advisory  board  in  each
 36    department  of  health  and welfare region as provided for in section 39-3130,
 37    Idaho Code. The planning council may include members of  the  legislature  and
 38    the state judiciary.
 39        (3)  The planning council members will serve a term of two (2) years or at
 40    the  pleasure  of  the  governor,  provided however, that of the members first
 41    appointed, one-half (1/2) of the appointments shall be for a term of  one  (1)
 42    year  and  one-half  (1/2)  of the appointments shall be for a term of two (2)
 43    years. The governor will appoint a chair and a vice-chair whose terms will  be
 44    two (2) years.
 45        (4)  The council may establish subcommittees at its discretion.
                                                                        
                                                                        
 46        SECTION  4.  That  Section 39-3126, Idaho Code, be, and the same is hereby
 47    amended to read as follows:
                                                                        
 48        39-31267.  RECIPROCAL AGREEMENTS BETWEEN STATES TO SHARE SERVICES. In such
 49    regions  where  natural  population  groupings  overlap  state  boundaries,  a
 50    regional comprehensive mental health service may be established jointly with a
                                                                        
                                           3
                                                                        
  1    neighboring state or states.  In  such  instances,  the  state  mental  health
  2    authority  may  enter  into  reciprocal agreements with these states to either
  3    share the expenses of the service in proportion to the population  served;  to
  4    allow neighboring states to buy services from Idaho; or to allow Idaho to pur-
  5    chase services that are otherwise not available to her citizens.
                                                                        
  6        SECTION  5.  That  Section 39-3127, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        39-31278.  SERVICES TO BE OFFERED. A regional mental health service  shall
  9    include  one  (1)  or  more  of the services leading to the establishment of a
 10    regional comprehensive mental health center.  A  comprehensive  mental  health
 11    center may include such services as:
 12        (1)  Short-term  hospitalization  for psychiatric treatment in an approved
 13    medical facility within the region;
 14        (2)  Partial hospitalization;
 15        (3)  Outpatient diagnosis and treatment;
 16        (4)  24-hour emergency psychiatric services;
 17        (5)  Community consultation and education;
 18        (6)  Diagnostic services for other agencies;
 19        (7)  Rehabilitative services;
 20        (8)  Precare and postcare services in cooperation with a state mental hos-
 21    pital;
 22        (9)  Training of mental health personnel;
 23        (10) Research and evaluation;
 24        (11) Transitional housing for individuals, including juveniles, with  men-
 25    tal  illness  and/or addiction disorders to promote and sustain the ability of
 26    these individuals to live in the community and avoid institutionalization; and
 27        (12) Intensive supportive services such as those  delivered  by  assertive
 28    community   treatment  teams.  Assertive  community  treatment  teams  provide
 29    individualized treatment, rehabilitation and support services to the  severely
 30    and persistently mentally ill.
                                                                        
 31        SECTION  6.  That  Section 39-3128, Idaho Code, be, and the same is hereby
 32    repealed.
                                                                        
 33        SECTION 7.  That Section 39-3129, Idaho Code, be, and the same  is  hereby
 34    amended to read as follows:
                                                                        
 35        39-3129.  PETITION  FOR  REGIONAL  SERVICES.  Petition for regional mental
 36    health services may be made to the state mental health authority  through  the
 37    regional  mental  health board. The petition may be submitted by units of gov-
 38    ernment within the region, by public  and  private  agencies  or  professional
 39    associations serving within the region, or by a private, nonprofit corporation
 40    formed by citizens of that region for the purpose of planning for, petitioning
 41    for  and  securing  mental health services for that region. The petition shall
 42    contain: (1) an identification of the  petitioning  group  or  groups;  (2)  a
 43    statement  of the mental health needs of the region; and (3) an outline of the
 44    planning for mental health services already accomplished in the region.
                                                                        
 45        SECTION 8.  That Section 39-3132, Idaho Code, be, and the same  is  hereby
 46    amended to read as follows:
                                                                        
 47        39-3132.  POWERS AND DUTIES. The regional mental health board:
 48        (1)  Shall  advise  the  division  of  mental  health  state mental health
                                                                        
                                           4
                                                                        
  1    authority through the state planning council  on  local  mental  health  needs
  2    within the region;
  3        (2)  Shall  assist  in  the  formulation  of  an  operating policy for the
  4    regional service;
  5        (3)  Shall interpret the regional mental health services to  the  citizens
  6    and agencies of the region;
  7        (4)  Shall advise the state mental health authority and the state planning
  8    council  of  the progress, problems and proposed projects of the regional ser-
  9    vice;
 10        (5)  Shall collaborate with the regional advisory substance abuse authori-
 11    ties and the regional children's mental health councils to develop appropriate
 12    joint programs;
 13        (6)  Shall promote improvements in the delivery of mental health  services
 14    and  coordinate  and  exchange information regarding mental health programs in
 15    the region;
 16        (7)  Shall identify gaps in available services including, but not  limited
 17    to,  services  listed  in  section  39-3128, Idaho Code, and recommend service
 18    enhancements that address identified needs for consideration to the state men-
 19    tal health authority;
 20        (8)  Shall assist the state planning council on mental health  with  plan-
 21    ning for service system improvement. The state planning council shall incorpo-
 22    rate  the  recommendation to the regional mental health boards into the annual
 23    report provided to the governor by June 30 of each  year.  This  report  shall
 24    also be provided to the legislature; and
 25        (9)  May  develop,  or  obtain proposals for, a service plan component for
 26    consideration by the state mental health authority.
                                                                        
 27        SECTION 9.  That Section 39-3133, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        39-3133.  DIRECTOR  OF  DIVISION OF MENTAL HEALTH THE DEPARTMENT OF HEALTH
 30    AND WELFARE -- DUTIES. The director of the department of  health  and  welfare
 31    shall  appoint and supervise the directors of each regional mental health ser-
 32    vice and shall supervise its program; shall  prescribe  uniform  standards  of
 33    treatment  and  care  provided by each regional service; shall set the profes-
 34    sional qualifications for staff positions; and make such other  rules  as  are
 35    necessary and proper to carry out the purposes and intent of this act.
                                                                        
 36        SECTION 10.  That Section 39-3134A, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        39-3134A.  COOPERATIVE  SERVICE PLAN COMPONENT. The regional mental health
 39    board may undertake development  of  a  service  plan  component  specifically
 40    designed  to  address  an  identified unmet need in the region. Such a service
 41    plan component may be based upon the assertive community treatment team model,
 42    other available intensive models, or a model unique to the region. Such a ser-
 43    vice plan component shall specify the distinct resource contribution  of  each
 44    participating  entity,  the terms and conditions of participation and the mea-
 45    sures to be used to assess performance and outcomes  under  the  service  plan
 46    component.  The  service  plan  component shall include governance procedures,
 47    evaluation data, and the means for amendment or  termination  of  the  service
 48    plan component. If a service plan component is developed pursuant to this sec-
 49    tion  and approved by the state mental health authority, the service plan com-
 50    ponent shall be funded by the state as provided in the service plan component,
 51    subject to the appropriation made for that purpose. In addition to  the  funds
                                                                        
                                           5
                                                                        
  1    provided  for  in section  39-3136, Idaho Code, the state may provide develop-
  2    ment grants through the state mental health authority and in coordination with
  3    the regional mental health board for twenty-four (24) hour emergency psychiat-
  4    ric services, short-term psychiatric beds, transitional housing and  detoxifi-
  5    cation  facilities. Nothing in this chapter shall preclude the regional mental
  6    health board from receiving private and other public  funding  to  assist  the
  7    regional mental health board in providing services.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Garrett             
                                                                        
                                                     Seconded by Henbest             
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO S.B. NO. 1389
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 29, delete "advi-" and in line  30,
  3    delete "sory"; and also in line 30,  delete "notify"  and insert: "modify".
                                                                        
  4                               AMENDMENTS TO SECTION 3
  5        On  page 2, in line 25, delete "not more than fifty percent (50%) nonstate
  6    employees or providers of" and in line 26, delete "mental health services" and
  7    insert: "no less than fifty percent (50%) family members  and  consumers  with
  8    mental illness"; and in line 35, delete "advisory".

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


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                       SENATE BILL NO. 1389, As Amended in the House
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO REGIONAL MENTAL HEALTH SERVICES; AMENDING SECTION  39-3124,  IDAHO
  3        CODE,  TO  PROVIDE  FOR  STATE  MENTAL  HEALTH AUTHORITY RESPONSIBILITIES;
  4        AMENDING SECTION 39-3125, IDAHO CODE, TO REDESIGNATE THE  SECTION  AND  TO
  5        PROVIDE FOR STATE MENTAL HEALTH AUTHORITY RESPONSIBILITIES; AMENDING CHAP-
  6        TER  31,  TITLE  39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-3125,
  7        IDAHO CODE, TO ESTABLISH A STATE PLANNING COUNCIL, TO PROVIDE FOR  COUNCIL
  8        RESPONSIBILITIES,  TO PROVIDE FOR APPOINTMENT AUTHORITY AND MEMBERSHIP, TO
  9        PROVIDE FOR MEMBERSHIP TERMS AND TO PERMIT THE ESTABLISHMENT OF SUBCOMMIT-
 10        TEES; AMENDING SECTION 39-3126, IDAHO CODE, TO  REDESIGNATE  THE  SECTION;
 11        AMENDING  SECTION  39-3127,  IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
 12        PROVIDE ADDITIONAL REGIONAL COMPREHENSIVE MENTAL HEALTH  CENTER  SERVICES;
 13        REPEALING  SECTION  39-3128, IDAHO CODE, RELATING TO ESTABLISHMENT OF SER-
 14        VICES IN EACH REGION; AMENDING SECTION 39-3129,  IDAHO  CODE,  TO  PROVIDE
 15        THAT  PETITIONS  TO  THE STATE MENTAL HEALTH AUTHORITY BE MADE THROUGH THE
 16        REGIONAL MENTAL HEALTH BOARD; AMENDING SECTION  39-3132,  IDAHO  CODE,  TO
 17        REVISE THE POWERS AND DUTIES OF THE REGIONAL MENTAL HEALTH BOARD; AMENDING
 18        SECTION  39-3133, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE; AND AMENDING
 19        SECTION 39-3134A, IDAHO  CODE,  TO  PERMIT  ADDITIONAL  STATE  FUNDING  TO
 20        REGIONAL MENTAL HEALTH BOARDS FOR SPECIFIED SERVICES AND TO PERMIT FUNDING
 21        FROM PRIVATE AND OTHER PUBLIC SERVICES.
                                                                        
 22    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 23        SECTION  1.  That  Section 39-3124, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        39-3124.  DESIGNATION OF STATE MENTAL HEALTH AUTHORITY. The Idaho  depart-
 26    ment  of  health  and  welfare  is  hereby  designated the state mental health
 27    authority. The state mental health authority is responsible  for  taking  into
 28    consideration  and  incorporating  the  recommendations and evaluations of the
 29    state planning council on mental health and the regional mental health  boards
 30    in  all  statewide  efforts to expand, improve, modify or transform the mental
 31    health service delivery system of the state. The state mental health authority
 32    shall  identify the resources necessary for these efforts to be implemented on
 33    a statewide basis.
                                                                        
 34        SECTION 2.  That Section 39-3125, Idaho Code, be, and the same  is  hereby
 35    amended to read as follows:
                                                                        
 36        39-31256.  DESIGNATION  OF  REGIONS  FOR  COMPREHENSIVE MENTAL HEALTH SER-
 37    VICES. Recognizing both the right of every citizen to the best  mental  health
 38    services that the state is able to provide and the disproportionate ability of
 39    counties  to finance mental health services, the state mental health authority
 40    shall designate regions and be responsible for  the  purpose  of  establishing
 41    regional  comprehensive  mental health services for all areas of the state. In
                                                                        
                                           2
                                                                        
  1    the establishment of regions, primary consideration will be given  to  natural
  2    population  groupings and trading areas, the regions previously designated for
  3    the establishment of other health services, the mental  health  needs  of  the
  4    people  within the proposed regions, and the appropriate maximal use of avail-
  5    able funding.
                                                                        
  6        SECTION 3.  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 39-3125, Idaho Code, and to read as follows:
                                                                        
  9        39-3125.  STATE PLANNING COUNCIL ON MENTAL HEALTH. (1)  A  state  planning
 10    council  shall be established to serve as an advocate for adults with a severe
 11    mental illness and for seriously emotionally disturbed children and youth;  to
 12    advise  the  state  mental health authority on issues of concern, policies and
 13    programs and provide guidance to the mental health authority in  the  develop-
 14    ment  and  implementation  of the state mental health systems plan; to monitor
 15    and evaluate the allocation and adequacy of mental health services within  the
 16    state  on an ongoing basis; to ensure that individuals with severe mental ill-
 17    ness and serious emotional disturbances have access to  treatment,  prevention
 18    and rehabilitation services including those services that go beyond the tradi-
 19    tional mental health system; to serve as a vehicle for intra-agency and inter-
 20    agency  policy and program development; and to present to the governor and the
 21    legislature by June 30 of each year a report on the council's achievements and
 22    the impact on the quality of life that mental health services has on  citizens
 23    of the state.
 24        (2)  The  planning  council shall be appointed by the governor and be com-
 25    prised of no less than fifty percent (50%) family members and  consumers  with
 26    mental  illness. Membership shall also reflect to the extent possible the col-
 27    lective demographic characteristics of Idaho's citizens. The planning  council
 28    membership  shall strive to include representation from consumers, families of
 29    adult individuals with severe mental illness; families of  children  or  youth
 30    with  serious  emotional  disturbance;  principal state agencies including the
 31    judicial branch with respect to mental health, education, vocational rehabili-
 32    tation, criminal justice, title XIX of the social security act and other enti-
 33    tlement programs; public and private entities concerned with the  need,  plan-
 34    ning,  operation,  funding and use of mental health services, and related sup-
 35    port services; and the regional mental health  board  in  each  department  of
 36    health  and welfare region as provided for in section 39-3130, Idaho Code. The
 37    planning council may include members of the legislature and  the  state  judi-
 38    ciary.
 39        (3)  The planning council members will serve a term of two (2) years or at
 40    the  pleasure  of  the  governor,  provided however, that of the members first
 41    appointed, one-half (1/2) of the appointments shall be for a term of  one  (1)
 42    year  and  one-half  (1/2)  of the appointments shall be for a term of two (2)
 43    years. The governor will appoint a chair and a vice-chair whose terms will  be
 44    two (2) years.
 45        (4)  The council may establish subcommittees at its discretion.
                                                                        
                                                                        
 46        SECTION  4.  That  Section 39-3126, Idaho Code, be, and the same is hereby
 47    amended to read as follows:
                                                                        
 48        39-31267.  RECIPROCAL AGREEMENTS BETWEEN STATES TO SHARE SERVICES. In such
 49    regions  where  natural  population  groupings  overlap  state  boundaries,  a
 50    regional comprehensive mental health service may be established jointly with a
                                                                        
                                           3
                                                                        
  1    neighboring state or states.  In  such  instances,  the  state  mental  health
  2    authority  may  enter  into  reciprocal agreements with these states to either
  3    share the expenses of the service in proportion to the population  served;  to
  4    allow neighboring states to buy services from Idaho; or to allow Idaho to pur-
  5    chase services that are otherwise not available to her citizens.
                                                                        
  6        SECTION  5.  That  Section 39-3127, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        39-31278.  SERVICES TO BE OFFERED. A regional mental health service  shall
  9    include  one  (1)  or  more  of the services leading to the establishment of a
 10    regional comprehensive mental health center.  A  comprehensive  mental  health
 11    center may include such services as:
 12        (1)  Short-term  hospitalization  for psychiatric treatment in an approved
 13    medical facility within the region;
 14        (2)  Partial hospitalization;
 15        (3)  Outpatient diagnosis and treatment;
 16        (4)  24-hour emergency psychiatric services;
 17        (5)  Community consultation and education;
 18        (6)  Diagnostic services for other agencies;
 19        (7)  Rehabilitative services;
 20        (8)  Precare and postcare services in cooperation with a state mental hos-
 21    pital;
 22        (9)  Training of mental health personnel;
 23        (10) Research and evaluation;
 24        (11) Transitional housing for individuals, including juveniles, with  men-
 25    tal  illness  and/or addiction disorders to promote and sustain the ability of
 26    these individuals to live in the community and avoid institutionalization; and
 27        (12) Intensive supportive services such as those  delivered  by  assertive
 28    community   treatment  teams.  Assertive  community  treatment  teams  provide
 29    individualized treatment, rehabilitation and support services to the  severely
 30    and persistently mentally ill.
                                                                        
 31        SECTION  6.  That  Section 39-3128, Idaho Code, be, and the same is hereby
 32    repealed.
                                                                        
 33        SECTION 7.  That Section 39-3129, Idaho Code, be, and the same  is  hereby
 34    amended to read as follows:
                                                                        
 35        39-3129.  PETITION  FOR  REGIONAL  SERVICES.  Petition for regional mental
 36    health services may be made to the state mental health authority  through  the
 37    regional  mental  health board. The petition may be submitted by units of gov-
 38    ernment within the region, by public  and  private  agencies  or  professional
 39    associations serving within the region, or by a private, nonprofit corporation
 40    formed by citizens of that region for the purpose of planning for, petitioning
 41    for  and  securing  mental health services for that region. The petition shall
 42    contain: (1) an identification of the  petitioning  group  or  groups;  (2)  a
 43    statement  of the mental health needs of the region; and (3) an outline of the
 44    planning for mental health services already accomplished in the region.
                                                                        
 45        SECTION 8.  That Section 39-3132, Idaho Code, be, and the same  is  hereby
 46    amended to read as follows:
                                                                        
 47        39-3132.  POWERS AND DUTIES. The regional mental health board:
 48        (1)  Shall  advise  the  division  of  mental  health  state mental health
                                                                        
                                           4
                                                                        
  1    authority through the state planning council  on  local  mental  health  needs
  2    within the region;
  3        (2)  Shall  assist  in  the  formulation  of  an  operating policy for the
  4    regional service;
  5        (3)  Shall interpret the regional mental health services to  the  citizens
  6    and agencies of the region;
  7        (4)  Shall advise the state mental health authority and the state planning
  8    council  of  the progress, problems and proposed projects of the regional ser-
  9    vice;
 10        (5)  Shall collaborate with the regional advisory substance abuse authori-
 11    ties and the regional children's mental health councils to develop appropriate
 12    joint programs;
 13        (6)  Shall promote improvements in the delivery of mental health  services
 14    and  coordinate  and  exchange information regarding mental health programs in
 15    the region;
 16        (7)  Shall identify gaps in available services including, but not  limited
 17    to,  services  listed  in  section  39-3128, Idaho Code, and recommend service
 18    enhancements that address identified needs for consideration to the state men-
 19    tal health authority;
 20        (8)  Shall assist the state planning council on mental health  with  plan-
 21    ning for service system improvement. The state planning council shall incorpo-
 22    rate  the  recommendation to the regional mental health boards into the annual
 23    report provided to the governor by June 30 of each  year.  This  report  shall
 24    also be provided to the legislature; and
 25        (9)  May  develop,  or  obtain proposals for, a service plan component for
 26    consideration by the state mental health authority.
                                                                        
 27        SECTION 9.  That Section 39-3133, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        39-3133.  DIRECTOR  OF  DIVISION OF MENTAL HEALTH THE DEPARTMENT OF HEALTH
 30    AND WELFARE -- DUTIES. The director of the department of  health  and  welfare
 31    shall  appoint and supervise the directors of each regional mental health ser-
 32    vice and shall supervise its program; shall  prescribe  uniform  standards  of
 33    treatment  and  care  provided by each regional service; shall set the profes-
 34    sional qualifications for staff positions; and make such other  rules  as  are
 35    necessary and proper to carry out the purposes and intent of this act.
                                                                        
 36        SECTION 10.  That Section 39-3134A, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        39-3134A.  COOPERATIVE  SERVICE PLAN COMPONENT. The regional mental health
 39    board may undertake development  of  a  service  plan  component  specifically
 40    designed  to  address  an  identified unmet need in the region. Such a service
 41    plan component may be based upon the assertive community treatment team model,
 42    other available intensive models, or a model unique to the region. Such a ser-
 43    vice plan component shall specify the distinct resource contribution  of  each
 44    participating  entity,  the terms and conditions of participation and the mea-
 45    sures to be used to assess performance and outcomes  under  the  service  plan
 46    component.  The  service  plan  component shall include governance procedures,
 47    evaluation data, and the means for amendment or  termination  of  the  service
 48    plan component. If a service plan component is developed pursuant to this sec-
 49    tion  and approved by the state mental health authority, the service plan com-
 50    ponent shall be funded by the state as provided in the service plan component,
 51    subject to the appropriation made for that purpose. In addition to  the  funds
                                                                        
                                           5
                                                                        
  1    provided  for  in section  39-3136, Idaho Code, the state may provide develop-
  2    ment grants through the state mental health authority and in coordination with
  3    the regional mental health board for twenty-four (24) hour emergency psychiat-
  4    ric services, short-term psychiatric beds, transitional housing and  detoxifi-
  5    cation  facilities. Nothing in this chapter shall preclude the regional mental
  6    health board from receiving private and other public  funding  to  assist  the
  7    regional mental health board in providing services.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                              RS 16038


This legislation is one of several recommendations from the Sub-
Committee on Mental Health of the Health Care Task Force, which met
over the past summer to examine the mental health care delivery system
of the state. The State Planning Council on Mental Health is codified
in Section 3 of the bill. Section 5 of the bill adds both "transitional
housing" for individuals with mental illness and "intensive support
services" such as ACT Teams as optional service components of a
regional mental health service center. Section 10 of the bill allows
the state to provide development grants to regional mental health
boards for expanded mental health services for improved access to
psychiatric services and beds, transitional housing, and detoxification
facilities.



                           FISCAL IMPACT

The Sub-Committee on Mental Health is recommending and requesting an
appropriation this year of $4,000,000 to fund the regional grant
program established by this legislation. If JAFC fails to appropriate
any funding for the grant program, the legislation will have no fiscal
impact to the state.



Contact
Senator Joe Stegner     Senator Tim Corder
Phone: 208 332-1308     Phone: 208 332-1342
          
Rep. Margaret Henbest   Rep. Kathie Garrett
Phone: 208 332-1235     Phone: 208 332-1204


STATEMENT OF PURPOSE/FISCAL NOTE                             S 1389