Session of 2000
         
HOUSE BILL No. 2888
         
By Committee on Health and Human Services
         
2-8
         

  9             AN  ACT concerning mental health centers; amending K.S.A. 19-4002b,
10             39-1604 and 75-3307b and K.S.A. 1999 Supp. 19-4002 and 19-4002a
11             and repealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 19-4002 is hereby amended to read as
15       follows: 19-4002. (a) (1) Every county which establishes a mental health
16       center shall establish a community mental health governing board. Except
17       as provided by K.S.A. 19-4002a and 19-4002b, and amendments thereto,
18       every county which establishes a mental health center or facility for the
19       mentally retarded shall establish a community mental health or mental
20       retardation governing board. Every county which wants to establish such
21       board for the purpose of allowing such board to contract with a nonprofit
22       corporation to provide services for the mentally retarded may establish a
23       mental retardation governing board in accordance with the provisions of
24       this section. Any board established under this subsection shall be referred
25       to as the governing board. The governing board shall be composed of not
26       less than seven members. The members of such governing board shall be
27       appointed by and shall serve at the pleasure of the board of county com-
28       missioners of the county.
29             (2) When two or more counties desire to establish a mental health
30       center or facility for the mentally retarded, the chairperson of the board
31       of the county commissioners of each participating county shall appoint
32       two members to a selection committee, which committee shall select the
33       first governing board. Each participating county shall have at least one
34       representative on such board.
35             (b) Membership of each governing board, as nearly as possible, shall
36       be representative of public health, medical profession, the judiciary, pub-
37       lic welfare, hospitals, mental health organizations and mental retardation
38       organizations, education, rehabilitation, labor, business and civic groups
39       and the general public. The governing board of a mental health center
40       also shall include consumers of mental health services or representatives
41       of mental health consumer groups and shall include family members of
42       mentally ill persons.
43             (c) If the board of county commissioners desires to provide both


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  1       mental health services and services for the mentally retarded in accord-
  2       ance with the provisions of this act, and determine it is more practical to
  3       establish a single governing board for mental health services and mental
  4       retardation facilities, the board of commissioners may establish a single
  5       board. If the board of county commissioners determine that separate
  6       boards are more practical, the board of county commissioners may estab-
  7       lish a governing board for a mental health center and a separate board
  8       for mental retardation facilities.
  9             Sec.  2. K.S.A. 1999 Supp. 19-4002a is hereby amended to read as
10       follows: 19-4002a. (a) (1) In lieu of appointing a mental retardation gov-
11       erning board as provided by K.S.A. 19-4002, and amendments thereto,
12       the board of county commissioners of Sedgwick county may serve as the
13       community mental health or mental retardation governing board for
14       Sedgwick county.
15             (2) In lieu of appointing a governing board as provided by K.S.A. 19-
16       4002, and amendments thereto, the unified government board of com-
17       missioners of Wyandotte county may serve as the community mental
18       health or mental retardation governing board for Wyandotte county.
19             (b) If the board of county commissioners or the unified government
20       board of commissioners elects to serve as the governing board pursuant
21       to this section, the board of county commissioners or the unified govern-
22       ment board of commissioners shall appoint a mental health and mental
23       retardation advisory board of not less than seven members. Members of
24       the mental retardation advisory board shall serve at the pleasure of the
25       board making their appointment. Membership of the advisory board shall
26       include consumers of mental health services or representatives of mental
27       health consumer groups and shall include family members of mentally ill
28       retarded persons and, as nearly as possible, shall be representative of
29       public health, medical profession, the judiciary, public welfare, hospitals
30       and mental health organizations and education, rehabilitation, labor, busi-
31       ness and civic groups.
32             (c) The board of county commissioners or the unified government
33       board of commissioners, as the mental health or mental retardation gov-
34       erning board, shall seek the recommendations of the mental health and
35       mental retardation advisory board prior to adopting the annual plan and
36       budget for county mental health and retardation programs.
37             Sec.  3. K.S.A. 19-4002b is hereby amended to read as follows: 19-
38       4002b. (a) In lieu of appointing a mental retardation governing board as
39       provided by K.S.A. 19-4002 and amendments thereto, the board of county
40       commissioners of Johnson county may serve as the community mental
41       health or mental retardation governing board for Johnson county.
42             (b) If the board of county commissioners elects to serve as the gov-
43       erning board pursuant to this section, the board of county commissioners


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  1       shall appoint a mental health and mental retardation advisory board of
  2       not less than seven members. Members of the mental retardation advisory
  3       board shall serve at the pleasure of the board of county commissioners.
  4       Membership of the advisory board shall include consumers of mental
  5       health services or representatives of mental health consumer groups and
  6       shall include family members of mentally ill retarded persons and, as
  7       nearly as possible, shall be representative of public health, medical pro-
  8       fession, the judiciary, public welfare, hospitals and mental health organ-
  9       izations and education, rehabilitation, labor, business and civic groups.
10             (c) The board of county commissioners, as the mental health or men-
11       tal retardation governing board, shall seek the recommendations of the
12       mental health and mental retardation advisory board prior to adopting
13       the annual plan and budget for county mental health and retardation
14       programs.
15             Sec.  4. K.S.A. 39-1604 is hereby amended to read as follows: 39-
16       1604. (a) On or before October 1, 1991, and in accordance with rules and
17       regulations adopted under K.S.A. 39-1603 and amendments thereto, the
18       secretary shall develop and adopt a state assessment of needs and a plan
19       to develop and operate a state system to provide mental health services
20       for persons who are residents of Kansas, including all targeted population
21       members designated by rules and regulations adopted by the secretary.
22       The plan for the state system shall include coordinating and assisting in
23       the provision of community based mental health services in the service
24       delivery areas of mental health centers, including the services provided
25       by state psychiatric hospitals and the provision of state financial assistance.
26       On or before March 1, 1992, the secretary shall adopt a state plan for an
27       integrated system to coordinate and assist in the provision of community
28       based mental health services within Kansas. The assessment of needs and
29       plan for the state shall be reviewed and updated by the secretary on an
30       annual basis.
31             (b) The secretary shall assist and coordinate the development by each
32       mental health center of a community assessment of needs and a plan for
33       the community system to provide community based mental health serv-
34       ices for persons who reside in the service delivery area of the mental
35       health center, including all targeted population members. The secretary
36       shall review and approve, or return, with recommendations for revision
37       and resubmittal, all such assessments of needs and plans in accordance
38       with criteria prescribed by rules and regulations adopted under K.S.A.
39       39-1603 and amendments thereto. If necessary services for a service de-
40       livery area cannot be provided by the mental health center or in order to
41       ensure that a continuum of services will be provided in a service delivery
42       area, the secretary may require the provision of services for a service
43       delivery area through contracts between two or more mental health cen-


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  1       ters. In order to assure equity in funding for community mental health
  2       centers providing mental health services intended to be funded by this
  3       act, the secretary shall enter into contracts with nonparticipating com-
  4       munity mental health centers who have not contracted to be an affiliate
  5       with the participating community mental health center. In such instances,
  6       the secretary shall be responsible for the determination of the allocation
  7       of funds as between or among the community mental health centers.
  8             (c) Each mental health center shall annually review and update such
  9       assessment of needs and plan for the service delivery area. If the assess-
10       ment of needs or the plan for the community system to provide com-
11       munity based mental health services are not in compliance with the cri-
12       teria prescribed by rules and regulations under K.S.A. 39-1603 and
13       amendments thereto, the secretary shall withhold all or part of the state
14       financial assistance provided to the mental health center.
15             (d) On or before October 1, 1991, and annually on or before such
16       date thereafter, each mental health center shall submit a coordinated
17       services plan addressing the service needs of the targeted population to
18       the secretary of social and rehabilitation services for review and approval.
19       The annual coordinated services plan shall be developed according to the
20       standards established by rules and regulations adopted by the secretary
21       of social and rehabilitation services.
22             Sec.  5. K.S.A. 75-3307b is hereby amended to read as follows: 75-
23       3307b. (a) The enforcement of the laws relating to the hospitalization of
24       mentally ill persons of this state in a psychiatric hospital and the diagnosis,
25       care, training or treatment of persons in community mental health centers
26       or facilities for the mentally ill, mentally retarded or other handicapped
27       persons is entrusted to the secretary of social and rehabilitation services.
28       The secretary may adopt rules and regulations on the following matters,
29       so far as the same are not inconsistent with any laws of this state:
30             (1) The licensing, certification or accrediting of private hospitals as
31       suitable for the detention, care or treatment of mentally ill persons, and
32       the withdrawal of licenses granted for causes shown;
33             (2) the forms to be observed relating to the hospitalization, admission,
34       transfer, custody and discharge of patients;
35             (3) the visitation and inspection of psychiatric hospitals and of all
36       persons detained therein;
37             (4) the setting of standards, the inspection and the licensing of all
38       community mental health centers which receive or have received any
39       state or federal funds, and the withdrawal of licenses granted for causes
40       shown;
41             (5) the setting of standards, the inspection and licensing of all facili-
42       ties for the mentally ill, mentally retarded or other developmentally dis-
43       abled persons receiving assistance through the department of social and


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  1       rehabilitation services which receive or have received after June 30, 1967,
  2       any state or federal funds, or facilities where mentally ill, mentally re-
  3       tarded or other developmentally disabled persons reside who require su-
  4       pervision or require limited assistance with the taking of medication, and
  5       the withdrawal of licenses granted for causes shown. The secretary may
  6       adopt rules and regulations that allow the facility to assist a resident with
  7       the taking of medication when the medication is in a labeled container
  8       dispensed by a pharmacist. No license for a residential facility for eight
  9       or more persons may be issued under this paragraph unless the secretary
10       of health and environment has approved the facility as meeting the li-
11       censing standards for a lodging establishment under the food service and
12       lodging act. No license for a residential facility for the elderly or for a
13       residential facility for persons with disabilities not related to mental illness
14       or mental retardation, or both, or related conditions shall be issued under
15       this paragraph;
16             (6) reports and information to be furnished to the secretary by the
17       superintendents or other executive officers of all psychiatric hospitals,
18       community mental health centers or facilities for the mentally retarded
19       and facilities serving other handicapped persons receiving assistance
20       through the department of social and rehabilitation services.
21             (b) An entity holding a license as a community mental health center
22       under paragraph (4) of subsection (a) on the day immediately preceding
23       the effective date of this act, but which does not meet the definition of a
24       community mental health center set forth in this act, shall continue to be
25       licensed as a community mental health center as long as the entity remains
26       affiliated with a licensed community mental health center and continues
27       to meet the licensing standards established by the secretary, but which
28       does not meet the definition of a participating community mental health
29       center set forth in this act, shall continue to be licensed as a community
30       mental health center as long as the center continues to meet the licensing
31       standards established by the secretary
32       Sec.  6. K.S.A. 19-4002b, 39-1604 and 75-3307b and K.S.A. 1999
33       Supp. 19-4002 and 19-4002a are hereby repealed.
34        Sec.  7. This act shall take effect and be in force from and after its
35       publication in the statute book.