CHAPTER 28
Governor's Council on Substance Abuse

40.1-28-1. Title -- There is hereby created The Governor's Council on Substance Abuse, hereinafter referred to as "the council".

40.1-28-2. Legislative purpose -- The purpose of the council is to advise the governor and general assembly on policies, goals and operations of the substance abuse program and on other matters the director refers to it and encourage public understanding and support of the substance abuse program.

40.1-28-3. Members -- (a) The council shall consist of seventeen (17) members; two (2) of whom shall be from the house of representatives, one (1) from each political party, to be appointed by the speaker, to serve for their legislative term; two (2) of whom shall be from the senate, one (1) from each political party, to be appointed by the majority leader, to serve for their legislative term; the executive director of the drug and alcohol treatment association and the executive director of the council of community mental health centers; eleven (11) members of the general public, who shall be appointed by, and who shall serve at the pleasure of the governor, and who shall represent such community interests as substance abuse treatment prevention professionals, substance abuse prevention professionals, mental health professionals, education professionals, consumers of substance abuse programs, the judiciary, criminal justice officials and local government officials. Every effort shall be made to ensure that the appointed members represent the cultural diversity of the state. All members shall have demonstrable expertise in, or experience with substance abuse related services in Rhode Island. In addition, the directors, or their designees, of the departments of children, youth and families, corrections, education, health, human services, and mental health, retardation and hospitals, the executive director of the governor's justice commission and the executive director of the division of substance abuse services, shall serve as ex-officio members of the council.

(b) Any vacancy which may occur in the council shall be filled in the same manner as the original appointments.

(c) The governor shall designate one member as the chairperson of the council.

40.1-28-4. Meetings -- The council shall meet at least six (6) times a year. Failure to attend three (3) meetings in a year may result in a recommendation of removal from the council to the governor or other appropriate appointing authority.

40.1-28-5. Functions -- The functions of the council shall be:

(a) To review and evaluate the substance abuse needs and problems in the state and propose such recommendations as are appropriate;

(b) To stimulate and seek the development and coordination of all programs relating to substance abuse;

(c) To encourage interdisciplinary approaches to combating, treating and preventing substance abuse, focusing in particular on integrating support systems for substance abuse;

(d) To act as the advisory committee to the department and the governor on any funds made available to the department by the federal government;

(e) To stimulate and reflect changing research as it affects planning and implementation of systems in the health care environment;

(f) To make an annual report to the governor and general assembly during the month of January, setting forth:

(1) The nature and extent of the substance abuse problems in the state;

(2) Such information and recommendations as the council deems necessary to deal with the problems as documented;

(3) A review of the council's activities during the preceding year, including but not limited to reports relative to activity, performance and need;

(4) Other recommendations as may be appropriate and in the public interest.

40.1-28-6. Staff and employees -- The director of mental health, retardation and hospitals shall provide the council with such professional and secretarial staff and other support as shall be appropriate for it to carry out its designated functions. All departments and agencies of the state shall furnish any advice and information, documentary and otherwise, to the council that is deemed necessary to facilitate the purposes of the council.

40.1-28-7. Termination of authority = The legislative authority for the existence of the governor's council on substance abuse shall continue until such time as legislation is enacted which establishes an advisory body for integrated behavioral health; which advisory body shall replace the governor's council on substance abuse and the governor's council on mental health.

CHAPTER 6
Governor's Council on Mental Health

40.1-6-1. Creation -- Members -- There is hereby created a council to be known as "the governor's council on mental health". The council shall consist of the director of health, the director of elementary and secondary education, the director of human services, the director of mental health, retardation, and hospitals, the director of corrections, the director of the department of elderly affairs, the director of children, youth, and families, or designees, ex officio and without vote, the chairperson of the Rhode Island advisory council on substance abuse, the attorney general and the mental health advocate, with vote. In addition there shall be twenty-two (22) other members of which eighteen (18) shall be appointed by the governor representing such community interests as medicine, particularly the specialty of psychiatry, psychology, social work, nursing, commerce and/or industry, labor, law, hospitals, voluntary mental health organizations, and community health and welfare planning, and adult and elderly consumers of mental health services and their families, including families of children who are consumers of mental health services, who should have a broad interest in mental health corresponding to the scope of the council's mission and not limited to specific professional or advocacy interests. Not less than fifty percent (50%) of the twenty-two (22) public members shall be individuals who are not state employees or providers of mental health services. There shall be four (4) members of the legislature, two (2) shall be from the senate and shall be appointed by the majority leader of the senate, one from each of the two (2) major political parties, and two (2) shall be from the house of representatives and shall be appointed by the speaker, one from each of the two (2) major political parties.

40.1-6-2. Appointment of members -- Chairperson -- (a) On May 20, 1966 the governor shall appoint three (3) members to serve until the first day of June, 1967, three (3) members to serve until the first day of June, 1968, and three (3) members to serve until the first day of June, 1969, and until their respective successors shall be appointed and qualified. The lieutenant governor and the speaker shall each appoint two (2) members from the senate and house of representatives, respectively, to hold office until the first day of January, 1967, and until their respective successors shall be appointed and qualified.

(b) In the month of January, 1967, and each odd numbered year thereafter, the lieutenant governor shall appoint two (2) members from the senate to hold office until the first day of January in the second year after their appointment and until their respective successors shall be appointed and qualified to succeed the members whose terms have expired.

(c) In the month of January, 1967, and in every odd numbered year thereafter, the speaker shall appoint two (2) members from the house of representatives to hold office until the first day of January in the second year after their appointment and until their respective successors shall be appointed and qualified to succeed the members whose terms have then expired.

(d) During the month of May, 1967, and during the month of May of each year thereafter, the governor shall appoint members to succeed the members appointed by the governor whose terms will next expire, each appointment to be for a term of three (3) years and until their successors shall be appointed and qualified.

(e) Any vacancy which may occur in the council shall be filled in the same manner as the original appointments for the remainder of the unexpired term.

(f) The governor shall designate one of their number as chairperson.

40.1-6-3. Functions -- The functions of the council shall be:

(1) To continually review and evaluate mental health needs and problems in the state and propose such recommendations as are appropriate;

(2) To stimulate and seek the development, coordination, and integration of mental health programs that are statewide in character and scope including but not limited to such areas as care and treatment, prevention, manpower, research and evaluation, and public education;

(3) To promulgate and adopt rules and regulations as the council deems appropriate to carry out the provisions of this chapter.

40.1-6-4. Staff and employees -- The director of mental health, retardation, and hospitals shall provide the council with such professional and secretarial staff and other employees as shall be appropriate for it to carry out its designated functions. The director of the department of children, youth, and families and the director of the department of elderly affairs shall provide the council with such additional professional and secretarial staff and other employees as shall be appropriate for the council to carry out functions related to the respective responsibilities of these departments.

40.1-6-5. Annual report to governor and general assembly -- The council shall make an annual report to the governor and general assembly during the month of January, setting forth:

(1) The nature and extent of mental and emotional health problems in the state;

(2) Such information and recommendations as to the council may seem necessary to deal with the problems as documented;

(3) A review of its activities during the preceding year;

(4) An outline of the nature and extent of the mental health and emotional problems throughout the state;

(5) A summary and review of the comprehensive plan for the development of services to deal with the problems as documented;

(6) A summary of council activity during the past year including therein but not limited to reports relative to activity, performance, and needs;

(7) A review and assessment of such other state, public, and private mental health agency services as may be provided in the state including comment upon the quality and effectiveness of the mental health programs;

(8) Evaluation of accomplishments with regard to that year's services development plan; a review of other council activity and recommendations for future council actions and areas of emphasis; and

(9) Other recommendations as may be appropriate and in the public interest.

40.1-6-6. Termination of authority -- The legislative authority for the existence of the governor's council on mental health shall continue until June 30, 1984, or until such further time as determined by the legislative oversight committee.