SENATE FLOOR AMENDMENT
FLOOR AMENDMENT NO. 5 Date 03-09-04
TO: SB 1362 SD2
SECTION 1. SB 1362 SD2 is amended by inserting the following:
"SECTION 2. Section 334-3, Hawaii Revised Statutes, is amended to read as follows:
"§334-3 Functions of department in mental health. (a) The department of health within the limits of available funds within the designated programs, shall promote and provide for the establishment and operation of a community-based mental health system responsive to the needs of persons of all ages, ethnic groups, and geographical areas of the State, reflective of an appropriate distribution of resources and services, and monitored and evaluated in terms of standards, goal attainment, and outcomes. The elements of the system shall be defined by departmental rules recognizing the need for at least the following services:
(b) The department shall revise, refine, and develop the system to ensure optimal responsiveness to the many and varied needs of the people of the State. The development of the system shall be based on [
a] an annual statewide [ four-year plan which is developed in response to statewide assessments of need, evaluations of services, programs, and facilities, and community expressions of needed services and programs.] comprehensive integrated service plan that is the cumulative result of comprehensive integrated service area planning within each county. The statewide plan shall determine the specific content of the department of health budget for the mental health system. [ The plan shall be annually monitored and updated.]
(c) The department shall specifically:
SECTION 3. Section 334-10, Hawaii Revised Statutes, is amended to read as follows:
"§334-10 State council on mental health. (a) There is established a state council on mental health. The council shall consist of twenty-one members appointed by the governor as provided in section 26-34. In making appointments to the council, the governor shall ensure that all service area boards of the State are represented, and that a majority of the members are nonproviders of mental health or other health services, and that a majority of the members are not state employees. The number of parents of children with serious emotional disturbances shall be sufficient to provide adequate representation of such children in the deliberations of the council. The council shall be composed of residents of the State, including individuals representing:
(b) The council shall elect a chairperson from among its members. All members shall serve without compensation but shall be paid their necessary expenses in attending meetings of the council.
(c) The council shall advise the department on allocation of resources, statewide needs, and programs affecting two or more service areas. The council shall review and comment on the [
state] statewide comprehensive integrated service plan and shall serve as an advocate for adults with serious mental illness, children with serious emotional disturbances, other individuals with mental illnesses or emotional problems, and individuals with combined mental illness substance abuse disorders.
(d) If the department's action is not in conformance with the council's advice, the department shall provide a written explanation of its position to the council.
(e) The council shall prepare and submit an annual report to the governor and the legislature on implementation of the [
state] statewide comprehensive integrated service plan. The report presented to the legislature shall be submitted at least ten days prior to the convening of each regular session."
SECTION 4. Section 334-11, Hawaii Revised Statutes, is amended to read as follows:
"§334-11 Service area boards. (a) A service area board shall be established to advise each service area [
center.] administrator. Each board shall consist of nine members appointed by the governor, who shall serve for terms to be determined by the governor. After the initial appointees, the governor shall fill each vacancy on a board by appointing a member from a list of four persons submitted by that board, except that, if the board is unable to achieve a quorum at two consecutive meetings called for the purpose of making such a list, the list may be provided by a group of at least seven service area consumers and nonproviders of mental health services. This group shall consist of all board members willing to participate in making the list and other area consumers and nonproviders of mental health services to be selected by the service area board chairperson and service area [ center chief.] administrator. Any meeting called for the purpose of making the list shall be subject to part I of chapter 92. The members of the board shall be service area residents, who are consumers or nonproviders of mental health services and service area providers with a majority being non-state employees and nonproviders of mental health or other health services.
Each board shall elect a chairperson from among its members. All members shall serve without compensation but shall be paid their necessary expenses in attending meetings of the board.
(b) Each service area [
center] administrator and board, in consultation with public and private providers, shall participate in the development of comprehensive integrated service area plans and budgets. Each board shall advise [ its center] the service area administrator about service area needs to prevent and treat mental or emotional disorders, combined mental illness substance abuse disorders, and persons afflicted by these disorders, and provide advice, guidance, and recommendations to both the advisory commission on drug abuse and controlled substances, section 329-2, and the state council on mental health, section 334-10, as they deem appropriate.
(c) If a [
center chief's] service area administrator's actions are not in conformance with the board’s planning decisions, the [ center chief] service area administrator shall provide a written explanation to the board.""
SECTION 2. SB 1362 SD2 is amended by renumbering sections 2, 3, 4, and 5.
( ) Carried
( ) Failed to Carry
( ) Withdrawn