AB 1424 (Mullin) Page 2 of 2
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: AB 1424
AUTHOR: / MullinVERSION: / May 7, 2015
HEARING DATE: / June 17, 2015
CONSULTANT: / Reyes Diaz
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 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:
Assembly Floor: / 78 - 0Assembly Health Committee: / 17 - 0
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 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 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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