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