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
Senate Bill 146
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 as
introduced.
Increases membership and modifies duties of Mental Health
Advisory Board.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to mental health; creating new provisions; amending ORS
430.050 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, - } { + or designee with
responsibility for mental health and addiction services + } shall
appoint { - at least 15 but not more than 20 members of a - }
{ + the following persons to 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. - } { + :
(a) Six consumers of mental health services.
(b) Six advocates for mental health services.
(c) Eight family members of persons with mental illness, four
representing the interests of children and adolescents and four
representing adults.
(d) Six representatives from mental health providers.
(e) Four representatives from community mental health programs.
(f) Ten representatives from state agencies that serve persons
with mental illness.
(g) Two members of the public at large.
(h) One representative from the Governor's Commission on Senior
Services.
(2) The director or designee shall appoint the following
persons as nonvoting members of the Mental Health Advisory Board:
(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) In making appointments to the board, the director or
designee 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 policies and procedures
that relate to state mental health programs.
(4) The members of the board serve terms of three years. The
director or designee may remove any member of the board for
misconduct, incapacity or neglect of duty.
(5) Except as provided in section 2 of this 2003 Act, a member
of the board 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) - } { + (6) + } The board shall meet at least once
{ - each quarter - } { + every other month + }.
{ - (4) - } { + (7) + } The director { + or designee + }
{ - may - } { + shall + } make provision for
{ + appropriate + } 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. - }
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 Advisory Board;
(b) Require the board to fulfill federal mandates for state
mental health planning councils;
(c) Require the board to review and make recommendations
concerning the comprehensive long-term plan developed under ORS
430.640 (1)(o);
(d) Require the board 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 six board members who
are consumers of mental health services and the eight board
members who are family members of persons with mental illness may
be reimbursed for expenses incurred in attending board meetings.
(2) In addition to the duties of the board established by rule
under subsection (1) of this section, the board 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 December 31, 2003, expire
on December 31, 2003. A member serving on the board on December
31, 2003, may be appointed to the Mental Health Advisory Board
under ORS 430.050 as amended by section 1 of this 2003 Act. + }
SECTION 4. { + Section 2 of this 2003 Act and the amendments
to ORS 430.050 by section 1 of this 2003 Act become operative on
January 1, 2004. + }
SECTION 5. { + The Director of Human Services or designee with
responsibility for mental health and addiction services may:
(1) Appoint members to the Mental Health Advisory Board under
ORS 430.050 as amended by section 1 of this 2003 Act prior to the
operative date of section 1 of this 2003 Act; and
(2) 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 Advisory Board to exercise,
on and after the operative date of section 2 of this 2003 Act,
its duties, functions and powers. + }
SECTION 6. 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 7. { + 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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