BILL ANALYSIS Ó
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: AB 1424
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|AUTHOR: |Mullin |
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|VERSION: |May 7, 2015 |
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|HEARING DATE: |June 17, 2015 | | |
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|CONSULTANT: |Reyes Diaz |
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SUBJECT : Mental health: community mental health board.
SUMMARY : Allows a consumer of mental health (MH) services who has
obtained full- or part-time employment with specified government
or contracting agencies, as specified, to be appointed to a MH
board if certain conditions are met.
Existing law:
1)Establishes the Bronzan-McCorquodale Act to organize and
finance community MH services for those with MH disorders in
every county through locally administered and controlled
community MH programs.
2)Requires each community "MH service," as defined, to have a MH
board consisting of 10 to 15 members, depending on the
preference of the county, appointed by the governing board,
with added requirements for counties depending on the size of
its population and the size of its board of supervisors.
Requires each MH board member to serve for a term of three
years.
3)Defines "mental health service" as any service directed toward
early intervention in, or alleviation or prevention of, mental
disorder, including, but not limited to, diagnosis,
evaluation, treatment, personal care, day care, respite care,
special living arrangements, community skill training,
sheltered employment, socialization, case management,
transportation, information, referral, consultation, and
community services.
4)Prohibits a MH board member or his or her spouse from being a
full- or part-time county employee of a county MH service, an
employee of the Department of Health Care Services (DHCS), or
AB 1424 (Mullin) Page 2 of ?
an employee of, or a paid member of the governing body of, a
MH contract agency.
5)Requires MH board members to abstain from voting on any issue
in which the member has financial interest.
6)Allows a governing body, when the MH board membership
requirements cannot be met from among persons who reside in
the county, to substitute representatives of the public
interest in MH who are not full- or part-time employees of the
county MH service, DHCS, or on the staff of, or a paid member
of the governing board of, a MH contract agency.
7)Allows a county to establish the MH board as an advisory board
or a commission.
This bill:
1)Allows a consumer of MH services who is a full- or part-time
employee with a county MH service, DHCS, or an employee of, or
a paid member of the governing body of, a MH contract agency
to be appointed to a MH board if the position he or she holds
does not have any interest, influence, or authority over any
financial or contractual matter concerning the employer.
2)Requires the MH board member to abstain from voting on any
financial or contractual issue concerning his or her employer
that may come before the MH board.
PRIOR
VOTES :
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|Assembly Floor: |78 - 0 |
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|Assembly Health Committee: |17 - 0 |
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COMMENTS :
1)Author's statement. According to the author, AB 1424 will
clarify a portion of the Welfare and Institutions Code to
allow for greater participation by recipients of MH services
who become staff at a MH agency to serve on local MH boards.
AB 1424 recognizes that gainful employment is part of the
recovery process and that lived experience of staff is one of
AB 1424 (Mullin) Page 3 of ?
the best ways to promote wellness and reduce stigma in the
workplace.
2)Background. The prohibition on government or contracting
agency personnel being members of the MH board in existing law
becomes a challenge in many counties, particularly smaller
ones, because current law has very specific requirements about
the makeup of a MH board, such as:
a) 50 percent of a MH board must consist of
consumers or the parents, spouses, siblings or adult
children of consumers who are receiving or have
received MH services;
b) At least 20 percent of the total MH board
membership must be consumers and at least 20 percent
must be families of consumers;
c) A MH board in a county with a population under
80,000 that elects to have a board exceeding the
five-member minimum must comply with the requirements
in a) and b) above;
d) Counties with more than five supervisors must
have at least the same number of members as the size
of its board of supervisors;
e) In counties with a population under 80,000, at
least one member of the MH board must be a consumer
and at least one member must be a parent, spouse,
sibling, or adult child of a consumer who is receiving
or has received MH services;
f) Counties with a population of less than 80,000
may have a minimum of five members;
g) A governing body may increase the number of
board members above 15.
h) Counties are encouraged to appoint individuals
who have experience and knowledge of the MH system;
and,
i) The MH board membership should reflect the
ethnic diversity of the client population in the
county.
Many consumers who have accessed a MH service at some point in
their lives later obtain employment in MH services as they
make progress in their recovery. By allowing MH boards to
retain MH consumers, they can ensure input from a consumer
perspective. As specified in current law, a county can
establish a MH board either as an advisory board or a
AB 1424 (Mullin) Page 4 of ?
commission, which serve as an advisory body to the board of
supervisors of that county. The MH board has no policy or
budget authority.
3)Support. Supporters of this bill, including county
organizations and MH advocates, argue that it has been
increasingly difficult for counties to recruit and retain
consumer members, which is statutorily required of the MH
board. Supporters state that by forcing members out after they
have gained employment with the county or an affiliate, county
residents lose important perspectives of otherwise qualified
individuals. Supporters further argue that it is important to
recognize that gainful employment is a part of the recovery
process.
SUPPORT AND OPPOSITION :
Support: County Behavioral Health Directors Association of
California
San Mateo County Board of Supervisors
Urban Counties Caucus
Oppose: None received.
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