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 CHAPTER 5.4 ADD} {ADD DIVISION OF MENTAL HEALTH ADD}

{ADD 40.1-5.4-1. Mental health services. -- ADD} {ADD The department of mental health, retardation and hospitals shall be required to plan, develop, coordinate and administer a complete, comprehensive and integrated statewide system of mental health services. The department shall take cognizance of all matters affecting the mental health of the residents of the state including those in the general population who require periodic, short term therapeutic services as well as those with serious mental illness. Notwithstanding that, the department's highest priorities shall be to provide services to residents with serious mental illness, early and ongoing treatment and support for individuals with serious mental illness and research into the cause and treatment of serious mental illness. ADD}

{ADD 40.1-5.4-2. Division of mental health. -- ADD} {ADD Within the department of mental health, retardation and hospitals, a division of integrated mental health services, shall be established to carry out the purposes of this chapter. ADD}

{ADD 40.1-5.4-3. Control and maintenance of state-operated facilities. -- ADD} {ADD The maintenance, management and control of state-operated facilities for persons with serious mental illness shall be the responsibility of the department of mental health, retardation and hospitals. ADD}

{ADD 40.1-5.4-4. Powers and duties of director of mental health, retardation and hospitals. -- ADD} {ADD The director of mental health, retardation and hospitals shall, subject to available appropriations, have the following powers and duties:

(a) To be responsible for planning and developing a complete, comprehensive and integrated statewide system of mental health services; provided that the department's highest priorities shall be to provide services to residents with serious mental illness, early and ongoing treatment and support for serious mental illness and research into the causes and treatment of serious mental illness in the development of the system, the department shall consult with all facilities and agencies, both public and private, concerned with the mental health of the residents of Rhode Island;

(b) To implement the system in cooperation with providers of mental health services;

(c) To coordinate the efforts of the department of mental health, retardation and hospitals with those of other state departments and agencies, municipal governments as well as the federal government and private agencies concerned with and providing services for persons with serious mental illness;

(d) To be responsible for the administration of state operated facilities established for the diagnosis, care and rehabilitation of adults with serious mental illness and to ensure that there are adequate state facilities to provide these services;

(e) To have general supervision of all private facilities as that term is defined in Rhode Island general laws section 40.1-5-2(3) and to exercise the powers and duties provided for in Rhode Island general laws section 40.1-5-1 et seq.;

(f) To establish standards in conformance with generally accepted professional practice and to provide technical assistance to all state supported diagnostic facilities, rehabilitation centers, community residences, community mental health centers, and other facilities for the persons with serious mental illness licensed by the department pursuant to Rhode Island general laws section 40.1-24-1 et seq.;

(g) To monitor and inspect to insure compliance with the standards. Provided, however, that none of the foregoing shall be applicable to any of the facilities wholly within the control of any other department of state government;

(h) To stimulate research by public and private agencies, institutions of higher learning, and hospitals, in the interest of the elimination and amelioration of serious mental illness, and care and treatment of persons with serious mental illness;

(i) To provide funding to the various community agencies and private nonprofit agencies, in amounts which will enable adults with serious mental illness to receive services appropriate to their individual's needs;

(j) To take, hold and administer in trust for the state any grant, devise, gift or bequest made either to the state or to the department for the use of persons under its care or for the expenditure upon any work which the department is authorized to undertake;

(k) To establish and maintain a comprehensive program of community mental health services, utilizing the community mental health centers and other community mental health agencies and to establish standards for the development of these community programs;

(l) To exercise the powers and duties relating to community mental health centers in accordance with Rhode Island general laws section 40.1-8.5-1 et seq.;

(m) To exercise the powers and duties relating to the licensing of community mental health facilities in accordance with Rhode Island general laws section 40.1-24-1 et seq.;

(n) To consult with and assist the governor's council on mental health in accordance with the requirements of Rhode Island general laws section 40.1-6-1 et seq.;

(o) To exercise the powers and duties relating to care and treatment of forensic patients in accordance with Rhode Island general laws section 40.1-5.3-1 et seq.;

(p) To cooperate with the department of corrections, the courts and local and state law enforcement authorities to ensure adequate, fair and humane treatment of persons with serious mental illness involved in the criminal justice system.

(q) To act in the capacity of "state mental health authority" as that term has meaning for a coordination of state mental health planning and policy, and as it also relates to requirements set forth in pertinent federal mental health laws and regulations.

(r) To propose, review, and/or approve, as appropriate, proposals, policies, or plans involving insurance or managed care systems for mental health services in Rhode Island or those aimed at improving the overall mental health of Rhode Island residents when the proposals, policies or plans relate to the publicly-administered integrated state mental health service system. ADD}

{ADD 40.1-5.4-5. Purposes. -- ADD} {ADD The purposes of this chapter are as follows:

(a) To advance the public interest, to promote, safeguard and protect the human dignity, constitutional and statutory rights and liberties, social well being and general welfare of all residents with serious mental illness of the state;

(b) To provide or to secure certain social, protective, supportive, rehabilitative, emergency and other types of appropriate services for adults with serious mental illness.

(c) To establish, maintain and coordinate a comprehensive, effective and efficient system of services for persons with serious mental illness;

(d) To promote the coordination of all available services, both general and specialized, for adults with serious mental illness, under public and private auspices; and

(e) To ensure that adults with serious mental illness who receive services from agencies or facilities licensed by the department pursuant to Rhode Island general laws section 40.1-24-1 et seq., receive such psychiatric, social, rehabilitative, housing assistance and case management services as prescribed in an individualized treatment plan, developed with the participation of the adult with serious mental illness, and when possible, his or her family or guardian or interested friend. ADD}

{ADD 40.1-5.4-6. Declaration of policy. -- ADD} {ADD It is the policy of this state to provide persons with serious mental illness adequate and humane care which, to the extent possible, while meeting the purposes of rehabilitation and treatment, is:

(a) Within each person's own community recognizing that some services are appropriately provided in facilities which provide services to the entire state;

(b) Least restrictive of the person's freedom of movement and ability to function normally in society while being appropriate to the person's individual capacity and needs;

(c) Directed toward eliminating the need for services and promoting the person's independence. ADD}

{ADD 40.1-5.4-7. Definitions. -- ADD} {ADD When used in this chapter:

(a) "Serious mental illness" shall mean an illness which is biologically based, severe in degree and persistent in duration, which causes a substantially diminished level of functioning in the primary aspects of daily living and an inability to cope with the ordinary demands of life, which may lead to an inability to maintain stable adjustment and independent functioning without long-term treatment and support and which may be of lifetime duration. Serious mental illness includes schizophrenia, bi-polar disorders as well as a spectrum of psychotic and other severely disabling psychiatric diagnostic categories, but does not include infirmities of aging or a primary diagnosis of mental retardation, alcohol or drug abuse or anti-social behavior.

(b) "Adult with serious mental illness" shall mean a person with serious mental illness, eighteen (18) years or older and not under the jurisdiction of the department of children, youth and their families.

(c) "Diagnosis and evaluation" shall mean a process to determine whether and to what extent an individual has a serious mental illness and a study of the individual's condition, situation, and needs which lead to a recommendation of what services, if any, would benefit the individual.

(d) "Individualized treatment plan" shall mean a written plan, however named, which includes but shall not be limited to, the following:

(1) An evaluation of the strengths, difficulties, needs and goals of the individual;

(2) A description of those services, including supportive, rehabilitative, housing assistance and case management services, found to be necessary or appropriate to assist the individual in realizing his or her potential for self-sufficiency in major life activities and in moving towards recovery;

(3) A description of the agencies and/or individuals which are proposed to provide each of the recommended services;

(4) The intermediate and long range objectives for the individual's rehabilitation and well-being;

(5) The expected duration for the provision of each of the services;

(6) A description of the tests and other evaluative devices used and their results;

(7) Proposed criteria for monitoring and evaluating the success of the services in meeting the individual's needs; and

(8) The signatures of the preparers of the plan and the date the plan was prepared. This plan shall be reviewed at least annually.

(e) "Case management" shall mean the services provided by mental health staff for the purpose of monitoring and assisting clients in their overall life situations, including gaining access to needed medical, social, educational, residential, vocational and other services necessary to meeting basic human needs. These services may include, but are not necessarily limited to:

(1) Maintaining assessments and evaluations necessary for establishing eligibility of services;

(2) Participation in the treatment planning process and monitoring client progress in meeting the goals and objectives of the plan;

(3) Locating, monitoring, coordinating all necessary medical, social, psychiatric and residential services;

(4) Assisting in the development of appropriate social networks;

(5) Assistance with other activities necessary to maintain psychiatric stability in a community-based setting.

(f) "Department" shall mean the department of mental health, retardation and hospitals.

(g) "Community support program" shall mean a program of services, including case management services, supports and treatment that allow adults with serious mental illness to function effectively in the community.

(h) "Community mental health centers" shall mean the eight (8) private, nonprofit agencies established pursuant to R.I.G.L. 40.1-8.5-1 et seq.

(i) "Rehabilitative services" shall include but not be limited to, medication supervision and maintenance, counseling, day treatment programs, clinical services, vocational and psychiatric services.

(j) "Emergency services" shall mean crisis intervention services available on a twenty-four (24) hour, seven (7) day a week basis; said intervention shall include screening and evaluation of the need for inpatient or outpatient treatment and admission to such services, as appropriate. ADD}

{ADD 40.1-5.4-8. Admission to mental health services. -- ADD} {ADD Persons with serious mental health illness shall be admitted for mental health services under the provisions of this chapter in accordance with the following procedures:

(a) Any person seeking services from the publicly-administered integrated state mental health service system may apply to an approved community mental health program. A parent, guardian, relative, or interested friend of the person may request services from an approved community mental health program.

(b) After the initial diagnosis and evaluation is completed:

(1) A determination will be made regarding whether the person has a serious mental illness, and if so, what level of services is initially indicated;

(2) An individualized treatment plan for each person shall be established, which shall include services which are necessary and appropriate to the person's condition of serious mental illness;

(3) Every effort shall be made to involve the person with serious mental illness, his or her guardian, parent, relative, or interested friend in the creation of the individualized treatment plan; and

(4) Each person and his or her guardian shall upon request, be offered a written copy of an approved individualized treatment plan developed for the person. ADD}

{ADD 40.1-5.4-9. Authority to lease. -- ADD} {ADD Notwithstanding the provisions of R.I.G.L. 42-11-2, the department of mental health, retardation and hospitals may make available on such terms and conditions and for such period as it deems proper, facilities under its jurisdiction, or space therein, to affiliating nonprofit agencies, provided that the premises are utilized for direct or supportive services to the mentally ill and their families, and/or for education and training of any discipline concerned with the problems of serious mental illness and/or research directed to the problems of serious mental illness. ADD}

{ADD 40.1-5.4-10. Appropriations. -- ADD} {ADD The general assembly shall annually appropriate such sum as it deems necessary to enable the director of mental health, retardation, and hospitals to provide or secure services for adults with serious mental illness, and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or sums or so much thereof as may be required from time to time, upon the receipt by him or her of vouchers properly authenticated. ADD}

{ADD 40.1-5.4-11. Rules and regulations. -- ADD} {ADD The director of mental health, retardation, and hospitals, after consultation with agencies and individuals knowledgeable about and concerned with persons with serious mental illness shall make and promulgate such rules and regulations pertaining to services for persons with serious mental illness as specified in this chapter when the services are provided in whole or in part by the use of state and/or federal funds earmarked for persons with serious mental illness. ADD}

{ADD 40.1-5.4-12. Other obligations. -- ADD} {ADD Nothing in this chapter shall be construed to relieve any agency, state or local, from its obligations to provide services to individuals with serious mental illness. ADD}

SECTION 2. This act shall take effect upon passage.