72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 508
A-Engrossed
Senate Bill 146
Ordered by the Senate May 8
Including Senate Amendments dated May 8
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for the Department of Human Services)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Increases membership and modifies duties of Mental Health
Advisory Board. - } { + Establishes Mental Health Council. + }
{ + Terminates Mental Health Advisory Board on effective date
of Act. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to mental health; creating new provisions; amending ORS
430.050, 430.290 and 430.625; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 430.050 is amended to read:
430.050. { - (1) The Director of Human Services, with the
approval of the Governor, shall appoint at least 15 but not more
than 20 members of a Mental Health Advisory Board, composed of
both lay and professionally trained individuals, qualified by
training or experience to study the problems of mental health and
make recommendations for the development of policies and
procedures with respect to the state mental health programs. The
membership shall provide balanced representation of program areas
and shall include persons who represent the interests of
children. At least four members of the board shall be disabled
persons who shall serve as the Disability Issues Advisory
Committee which is hereby established. The members of the board
shall serve for terms of four years and are entitled to
compensation and expenses as provided in ORS 292.495. The
director may remove any member of the board for misconduct,
incapacity or neglect of duty. - }
{ + (1) The Governor shall appoint the following persons to a
Mental Health Council:
(a) Two consumers of mental health services.
(b) Four family members of persons with mental illness, two
representing the interests of children and adolescents and two
representing adults.
(c) Two representatives from mental health providers.
(d) Two representatives from community mental health programs.
(e) Eight representatives from state agencies that serve
persons with mental illness, including:
(A) An agency that serves seniors and persons with
disabilities.
(B) The Department of Education.
(C) An agency that provides vocational rehabilitation services.
(D) The Oregon Youth Authority.
(E) An agency that provides services to children, adults and
families.
(F) The Housing and Community Services Department.
(G) The Psychiatric Security Review Board.
(H) The Department of Corrections.
(f) Three representatives from advocacy organizations for
adults, children and seniors.
(g) Three members representing cultural minorities.
(h) One person representing adult community corrections or
local jails.
(2) The Governor shall appoint the following persons as
nonvoting members of the Mental Health Council:
(a) The superintendent of the Oregon State Hospital.
(b) The superintendent of the Eastern Oregon Psychiatric
Center.
(c) A person from the Department of Human Services with
experience in addiction services.
(d) A person from the Department of Human Services with
experience in children's issues.
(e) A person from the Department of Human Services with
experience in mental health issues.
(3) The President of the Senate shall appoint one member from
among members of the Senate who shall be a nonvoting advisory
member of the council.
(4) The Speaker of the House of Representatives shall appoint
one member from among members of the House of Representatives who
shall be a nonvoting advisory member of the council.
(5) In making appointments to the council, the Governor shall
consider persons who are qualified by training or experience to
study mental health issues and the problems of persons who have
mental health disorders, and to make recommendations for the
development of legislative recommendations, policies and
procedures that relate to state mental health programs.
(6) The members of the council serve terms of four years. The
Governor may remove any member of the council for misconduct,
incapacity or neglect of duty.
(7) Except as provided in section 2 of this 2003 Act, a member
of the council is not entitled to compensation or expenses and
serves as a volunteer. + }
{ - (2) The Department of Human Services shall adopt rules
specifying the duties of the board. In addition to those duties
assigned by rule, the board shall assist the department in
planning and preparation of administrative rules for the
assumption of responsibility for psychiatric care in state and
community hospitals by community mental health and developmental
disabilities programs, in accordance with ORS 430.630 (3)(e). - }
{ - (3) The board shall meet at least once each quarter. - }
{ - (4) The director may make provision for technical and
clerical assistance to the Mental Health Advisory Board and for
the expenses of such assistance. - }
{ - (5) The Disability Issues Advisory Committee shall meet
at least once annually to make recommendations to the Mental
Health Advisory Board. - }
{ - (6) As used in this section, 'disabled person' means any
person who: - }
{ - (a) Has a physical or mental impairment which
substantially limits one or more major life activities; - }
{ - (b) Has a record of such an impairment; or - }
{ - (c) Is regarded as having such an impairment. - }
{ + (8) The council may use committees appointed by the
Governor to study specific aspects of the mental health system in
Oregon in order to make the recommendations under subsection (5)
of this section.
(9) The council shall meet at least once each quarter.
(10) The Governor shall make provision for appropriate
technical and clerical assistance to the council and for the
expenses of such assistance. + }
SECTION 2. { + (1) The Director of Human Services or designee
with responsibility for mental health and addiction services
shall adopt rules that:
(a) Establish the duties of the Mental Health Council;
(b) Require the council to fulfill federal mandates for state
mental health planning councils;
(c) Require the council to review and make recommendations
concerning the comprehensive long-term plan developed under ORS
430.640 (1)(o);
(d) Require the council to review and make recommendations
concerning the biennial report to the Governor and the
Legislative Assembly required under ORS 430.640 (1)(p); and
(e) Specify circumstances under which the two council members
who are consumers of mental health services and the four council
members who are family members of persons with mental illness may
be reimbursed for expenses incurred in attending council
meetings.
(2) In addition to the duties of the council established by
rule under subsection (1) of this section, the council shall
assist the Department of Human Services in planning and preparing
administrative rules for the assumption of responsibility for
psychiatric care in state and community hospitals by community
mental health and developmental disabilities programs in
accordance with ORS 430.630 (3)(e). + }
SECTION 3. { + The terms of the members of the Mental Health
Advisory Board serving on the board on the effective date of this
2003 Act expire on the effective date of this 2003 Act. + }
SECTION 4. { + Section 2 of this 2003 Act and the amendments
to ORS 430.050 and 430.290 by sections 1 and 6 of this 2003 Act
become operative on January 1, 2004. + }
SECTION 5. { + (1) The Governor may appoint members to the
Mental Health Council under ORS 430.050 as amended by section 1
of this 2003 Act prior to the operative date of the amendments to
ORS 430.050 by section 1 of this 2003 Act.
(2) The President of the Senate and the Speaker of the House of
Representatives may make their appointments as provided under ORS
430.050 as amended by section 1 of this 2003 Act prior to the
operative date of the amendments to ORS 430.050 by section 1 of
this 2003 Act.
(3) The Governor and the Director of Human Services may take
any action under section 2 of this 2003 Act prior to the
operative date of section 2 of this 2003 Act that is necessary to
enable the Mental Health Council to exercise, on and after the
operative date of section 2 of this 2003 Act, its duties,
functions and powers. + }
SECTION 6. ORS 430.290 is amended to read:
430.290. (1) The objective of this section is to prevent
alcoholism and drug dependency.
(2) To carry out the objective of this section, the Department
of Human Services shall:
(a) Consult with and be advised by the Governor's Council on
Alcohol and Drug Abuse Programs and the Mental Health
{ - Advisory Board - } { + Council + } in identifying program
priorities for the primary prevention of alcoholism and drug
dependency.
(b) Solicit program proposals that address identified
priorities from agencies, associations, individuals or any
political subdivision of this state and award and distribute
moneys under this section in accordance with the provisions of
this section.
(3) Every applicant for a grant to develop a primary prevention
of alcoholism program shall be assisted in its preparation by the
local alcohol planning committee, if there be one, operating in
the area to which the application relates. Every applicant shall
establish to the satisfaction of the department that the
committee was actively involved in the development and
preparation of such program.
(4) Every grant applicant shall include the recommendations of
the local alcohol planning committee, if there be one, operating
in the area. The department shall take the recommendations of the
local alcohol planning committee into consideration before making
or refusing a grant.
SECTION 7. ORS 430.625 is amended to read:
430.625. If any local mental health program has an advisory
committee, disabled persons { - , as defined in ORS 430.050
(6), - } shall be appointed to serve on the advisory committee
and shall meet separately as a disability issues advisory
committee.
SECTION 8. { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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