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  








                                                                    AB 1424


                                                                    Page  2





            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:  








                                                                    AB 1424


                                                                    Page  3







          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;









                                                                    AB 1424


                                                                    Page  4







             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  








                                                                    AB 1424


                                                                    Page  5





            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









                                                                    AB 1424


                                                                    Page  6






          None on file.




          Analysis Prepared by:An-Chi Tsou / HEALTH / (916) 319-2097