BILL ANALYSIS Ó
AB 1424
Page 1
Date of Hearing: May 5, 2015
ASSEMBLY COMMITTEE ON HEALTH
Rob Bonta, Chair
AB 1424
(Mullin) - As Amended April 21, 2015
SUBJECT: Mental health: community mental health board.
SUMMARY: Allows mental health consumers who have obtained
employment with a county mental health service, the Department
of Health Care Services (DHCS), or a mental health contract
agency, to be appointed to a mental health board, as specified.
Specifically, this bill:
1)Allows a mental health consumer who has obtained employment
from a county mental health service, DHCS, or a mental health
contracting agency, and who holds a position in which he or
she does not have any financial or contractual conflicts of
interest concerning the employer, to be appointed to a mental
health board.
2)Requires the mental health consumer described in 1) above to
abstain from voting on any financial or contractual issue
concerning his or her employer that comes before the mental
health board.
EXISTING LAW:
1)Establishes the Bronzan-McCorquodale Act, to organize and
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finance community mental health services for persons with
mental health disorders in every county through locally
administered and locally controlled community mental health
programs.
2)Requires each community mental health service to have a mental
health board comprised of members from the community, as
specified.
3)Limits the term of each mental health board member to three
years.
4)Prohibits a member of the mental health board, or his or her
spouse, from being an employee of a county mental health
service, DHCS, or a paid member of the governing body of a
mental health contract agency.
5)Requires members of the mental health board to recuse
themselves from voting under circumstances in which the member
has a financial interest in the vote.
6)Allows the governing body of the mental health board to
substitute representatives of the public interest in mental
health who are not full-time or part-time employees of the
county mental health service, DHCS, or a mental health
contract agency, if unable to secure membership among county
residents.
7)Allows counties to establish the mental health board as an
advisory board or as a commission, based on the county's
preference.
FISCAL EFFECT: None
COMMENTS:
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1)PURPOSE OF THIS BILL. The author states that existing
statutory constraints have forced mental health consumers who
are members of county mental health boards or commissions to
resign from their seats as a result of obtaining of gainful
employment with either the county or contract agencies. The
author states many of these members brought valuable
experience and insight to the work of these commissions and
boards, and it has been difficult for counties to replace them
due to restrictions in existing law. The author concludes
this bill will create the flexibility needed for counties to
fulfill their statutory requirements of appointing mental
health consumers as board members, while simultaneously
promoting the recovery of mental health consumers by
supporting their gainful employment.
2)BACKGROUND. Mental health boards were created in 1957 as part
of a statutory requirement for counties, making them
responsible for providing treatment and care for the mentally
ill through a community-based and community-operated mental
health system. Mental health boards serve, in part, as
community overseers of the administration and provision of
county mental health services.
All counties that provide public mental health services are
required by law to have a mental health board or commission
comprised of mental health consumers, family members, and
members of the general public. Mental health boards are
required to:
a) Review and evaluate the community's mental health needs,
services, facilities, and special problems;
b) Review county agreements;
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c) Advise the county board of supervisors or city council,
and local mental health director on the local mental health
program;
d) Review and approve protocols used to ensure citizen and
professional involvement at all stages;
e) Submit annual reviews of the county mental health
program to the county board of supervisors or city council;
f) Review and make recommendations on applicants for the
appointment of the local director of mental health
services; and,
g) Review and comment on the county's performance and
communicate findings to the California Mental Health
Planning Council.
3)SUPPORT. Supporters of this bill state there is an increased
need for mental health consumers to have gainful employment as
part of their recovery process, and that experienced staff is
one of the best ways to promote wellness and reduce stigma in
the workplace. Supporters state existing law is too strict
regarding the eligibility requirements for mental health
consumers to be appointed to mental health boards, despite the
statutory requirement for them to be a component of local
commissions. Supporters conclude this bill provides
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additional flexibility to these obligations, making it easier
for counties to meet their statutory requirements for
recruiting and retaining consumer members for their
commissions.
4)POLICY COMMENTS. This bill creates an exemption in existing
law to allow mental health consumers who have obtained certain
types of county or state employment as part of their recovery
process, to be appointed to a county mental health board.
Supporters of mental health services programs have indicated
that obtaining gainful employment can be a critical component
of an individual's recovery. However the bill's current
language is silent for situations in which mental health
consumers acquire county employment that is not a part of
their recovery. It does not appear that the author's intent
is to exclude these mental health consumers, but rather to
highlight that it is an important component of others' path to
recovery. If this is the intent, the author may wish to
strike "as part of his or her recovery" from Section
5604(d)(2) of this bill.
REGISTERED SUPPORT / OPPOSITION:
Support
California Council of Community Mental Health Agencies
San Mateo County Board of Supervisors
Opposition
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None on file.
Analysis Prepared by:An-Chi Tsou / HEALTH / (916) 319-2097