A N     A C T

RELATING TO MENTAL HEALTH, RETARDATION AND HOSPITALS -- SUBSTANCE ABUSE

Introduced By: Reps. Costantino, Sherlock, Dennigan, Fox and George

Date Introduced : April 1, 1999

It is enacted by the General Assembly as follows:

SECTION 1. Title 40.1 of the General Laws entitled "Mental Health, Retardation and Hospitals" is hereby amended by adding thereto the following chapter:

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

{ADD 40.1-28-2. Legislative purpose. -- ADD} {ADD 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. ADD}

{ADD 40.1-28-3. Members. -- ADD} {ADD (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. ADD}

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

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

{ADD 40.1-28-4. Meetings. -- ADD} {ADD 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. ADD}

{ADD 40.1-28-5. Functions. -- ADD} {ADD 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; ADD}

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

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

{ADD (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; ADD}

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

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

{ADD (1) the nature and extent of the substance abuse problems in the state; ADD}

{ADD (2) such information and recommendations as the council deems necessary to deal with the problems as documented; ADD}

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

{ADD (4) other recommendations as may be appropriate and in the public interest. ADD}

{ADD 40.1-28-6. Staff and employees. -- ADD} {ADD 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. ADD}

{ADD 40.1-28-7. Termination of authority. -- ADD} {ADD 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. ADD}

SECTION 2. Chapter 42-50.1 of the General Laws entitled "Substance Abuse Treatment Services Conference" is hereby repealed in its entirety.

{DEL 42-50.1-1. Definitions. -- As used in this chapter: DEL}

{DEL (1) "Conference" shall mean the substance abuse treatment conference. DEL}

{DEL (2) "Director" shall mean the director of the department of health. DEL}

{DEL (3) "Department" shall mean the department of health. DEL}

{DEL 42-50.1-2. Creation -- Purposes. -- There is created a substance abuse treatment services conference whose purpose it shall be to: DEL}

{DEL (1) Advise the governor and general assembly on broad policies, goals, and operations of the alcohol and other drug abuse program and on other matters the director refers to it and to promote public understanding and support of the substance abuse program; DEL}

{DEL (2) Adopt a comprehensive state plan which may be required as a condition of eligibility for benefits or grants under any appropriate federal act or acts and also for its own use; and DEL}

{DEL (3) Convene ad hoc planning/study groups to anticipate the developing needs of the system and client populations. Participation on these study groups shall be sought from representatives of the academic, professional, and potential client communities. These planning/study groups shall be formed for the purpose of providing specific policy and programmatic recommendations to the council and the director. DEL}

{DEL 42-50.1-3. Membership. -- (a) The conference shall consist of seven (7) members: the director of health, the director of mental health, retardation and hospitals, the director of the department of children, youth and families, and the director of the department of human services; one representative of the Rhode Island council of community mental health centers, whose term shall expire June 30, 1996; two (2) representatives of the drug and alcohol treatment association of Rhode Island, whose terms shall expire June 30, 1997-1998 respectively. DEL}

{DEL (b) The conference shall select a chairperson from the membership. DEL}

{DEL (c) Upon the expiration of each initial term and upon the expiration of each term thereafter, the appointing authority shall appoint a successor to serve for a term of four (4) years so that for the public members there shall be a staggered term for four (4) years each. DEL}

{DEL 42-50.1-4. Compensation -- Staff -- Advice from other agencies -- Office space. -- (a) The members of the conference shall receive no compensation for their services. The director shall provide the clerical and administrative support required to develop and evaluate the comprehensive state plan, and any other needs of the conference. DEL}

{DEL (b) All departments and agencies of the state shall furnish any advice and information, documentary and otherwise, to the conference and its agencies that is deemed necessary or desirable by the conference to facilitate the purposes of this chapter. DEL}

{DEL (c) The director is hereby authorized and directed to provide suitable quarters for the conference. DEL}

{DEL 42-50.1-5. Duties. -- (a) The conference shall be responsible for oversight of the implementation and administration of all substance abuse treatment programs including but not limited to: DEL}

{DEL (1) Any ongoing treatment services or plans; DEL}

{DEL (2) Monitoring interagency cooperation on substance abuse issues; DEL}

{DEL (3) Evaluating all quantitative service data to determine the effectiveness of treatment services; and DEL}

{DEL (4) Proposing alternative treatment initiatives or programs when available. DEL}

{DEL (b) The conference shall meet not less than four (4) times per year at the call of the chairperson. DEL}

{DEL (c) At each meeting the director shall report to the conference regarding the implementation of the division of substance abuse treatment services, including short term and long term plans or programs. DEL}

{DEL (d) The conference shall review any proposal for the development of any new facility for substance abuse treatment contemplated by the department or required pursuant to chapter 15 of title 23. DEL}

{DEL (e) The chairperson of the conference has the authority to develop sub-committees for any purpose consistent with the responsibilities outlined in this chapter. DEL}

{DEL 42-50.1-6. Reporting. -- The conference shall report on a quarterly basis to the governor and the general assembly on the status of substance abuse treatment programs including, but not limited to, information and data pertaining to populations of those receiving services, groups or individuals in need of services, peculiarities on census counts by region, interdepartmental service issues and any other issue affecting the delivery of treatment services. DEL}

{DEL 42-50.1-7. Subpoena power. -- (a) The council is specifically authorized to require the attendance of witnesses by subpoena or otherwise and to require the production of books, papers, and documents. DEL}

{DEL (b) The council is hereby authorized and empowered to summon witnesses and issue subpoenas in substantially the following form:Sc. To of greeting: You are hereby required, in the name of the state of Rhode Island and Providence plantations, to make your appearance before the council on ______ in the city of ______, on the ______ day of ____, to give evidence of what you know relative to a matter upon investigation by the council on ____________ and produce and then and there have and give the following: Hereof fail not, as you will answer to default under the penalty of the law in that behalf made and provided. Dated at ________ on the ______ day of ________, in the year, ______. DEL}

SECTION 3. This act shall take effect upon passage.