BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                      CONSENT 


          Bill No:  AB 1424
          Author:   Mullin (D)
          Amended:  5/7/15 in Assembly
          Vote:     21  

           SENATE HEALTH COMMITTEE:  9-0, 6/17/15
           AYES:  Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen,  
            Pan, Roth, Wolk

           ASSEMBLY FLOOR:  78-0, 5/14/15 (Consent) - See last page for  
            vote

           SUBJECT:   Mental health: community mental health board


          SOURCE:    Author

          DIGEST:   This bill 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.

          ANALYSIS:
          
          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  








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            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  
            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  








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            financial or contractual issue concerning his or her employer  
            that may come before the MH board.

          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  
          existing law has very specific requirements about the makeup of  
          a MH board, such as:

          1)50 % 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;

          2)At least 20 % of the total MH board membership must be  
            consumers and at least 20 % must be families of consumers;

          3)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;

          4)Counties with more than five supervisors must have at least  
            the same number of members as the size of its board of  
            supervisors;

          5)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;

          6)Counties with a population of less than 80,000 may have a  
            minimum of five members; 

          7)A governing body may increase the number of board members  
            above 15.

          8)Counties are encouraged to appoint individuals who have  
            experience and knowledge of the MH system; and

          9)The MH board membership should reflect the ethnic diversity of  
            the client population in the county.








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          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 existing law, a county can establish a MH board  
          either as an advisory board or a commission, which serve as an  
          advisory body to the board of supervisors of that county. The MH  
          board has no policy or budget authority.

          Comments
          
          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 the best  
          ways to promote wellness and reduce stigma in the workplace.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/18/15)


          California Council of Community Mental Health Agencies
          County of San Mateo Health System
          Mental Health America of California
          San Mateo County Board of Supervisors 
          Urban Counties Caucus


          OPPOSITION:   (Verified6/18/15)


          None received


          ARGUMENTS IN SUPPORT:     Supporters of this bill, including  
          county organizations and MH advocates, argue that it has been  








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          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.


           
          ASSEMBLY FLOOR:  78-0, 5/14/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Linder, Medina




          Prepared by:Reyes Diaz / HEALTH / 
          6/19/15 12:33:59


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