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
2
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
3
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-
4
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
5
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.