BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1424|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
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
AB 1424
Page 2
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
AB 1424
Page 3
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.
AB 1424
Page 4
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
AB 1424
Page 5
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
**** END ****
AB 1424
Page 6