Bill Text: FL S1844 | 2021 | Regular Session | Comm Sub


Bill Title: Commission on Mental Health and Substance Abuse

Spectrum: Bipartisan Bill

Status: (Failed) 2021-04-30 - Died in Appropriations Subcommittee on Health and Human Services, companion bill(s) passed, see CS/CS/SB 96 (Ch. 2021-170) [S1844 Detail]

Download: Florida-2021-S1844-Comm_Sub.html
       Florida Senate - 2021                             CS for SB 1844
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Rouson
       
       
       
       
       586-03269-21                                          20211844c1
    1                        A bill to be entitled                      
    2         An act relating to the Commission on Mental Health and
    3         Substance Abuse; providing legislative intent;
    4         creating s. 394.9086, F.S.; creating the Commission on
    5         Mental Health and Substance Abuse within the
    6         Department of Children and Families; providing the
    7         purpose of the commission; providing for membership,
    8         term limits, meetings, and duties of the commission;
    9         requiring certain agencies to provide assistance to
   10         the commission in a timely manner; requiring the
   11         commission to submit a report to the Governor and
   12         Legislature by a specified date, and annually
   13         thereafter; providing for future review and repeal
   14         unless saved by the Legislature through reenactment;
   15         providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Based on recommendations in the Third Interim
   20  Report of the 20th Statewide Grand Jury, submitted December 10,
   21  2020, regarding the state’s mental health system, it is the
   22  intent of the Legislature to establish a commission to examine
   23  the state’s current policies and procedures for providing mental
   24  health and substance abuse services and to make recommendations
   25  to improve and facilitate the delivery of mental health and
   26  substance abuse services throughout this state.
   27         Section 2. Section 394.9086, Florida Statutes, is created
   28  to read:
   29         394.9086Commission on Mental Health and Substance Abuse.—
   30         (1)CREATION.—The Commission on Mental Health and Substance
   31  Abuse, a commission as defined in s. 20.03(10), is created
   32  within the Department of Children and Families. Except as
   33  otherwise provided in this section, the commission shall operate
   34  in a manner consistent with s. 20.052.
   35         (2)PURPOSES.—The purposes of the commission are to examine
   36  the current methods of providing mental health and substance
   37  abuse services in this state and to improve the effectiveness of
   38  current practices, procedures, programs, and initiatives in
   39  providing such services; identify any barriers or deficiencies
   40  in the delivery of such services; and recommend changes to
   41  existing laws, rules, and policies necessary to implement the
   42  commission’s recommendations.
   43         (3)MEMBERSHIP; TERM LIMITS; MEETINGS.—
   44         (a)The commission shall be composed of 15 members as
   45  follows:
   46         1. The Secretary of Children and Families or his or her
   47  designee.
   48         2.The Secretary of the Agency for Health Care
   49  Administration or his or her designee.
   50         3.A family member of a consumer of publicly funded mental
   51  health, appointed by the President of the Senate.
   52         4.A representative of the Louis de la Parte Florida Mental
   53  Health Institute within the University of South Florida,
   54  appointed by the President of the Senate.
   55         5. A representative of a school district, appointed by the
   56  President of the Senate.
   57         6. A representative of a county utilizing state-funded
   58  mental health and substance abuse services, appointed by the
   59  President of the Senate.
   60         7.A representative of a treatment facility, as defined in
   61  s. 394.455, appointed by the Speaker of the House of
   62  Representatives.
   63         8.A representative of a managing entity, as defined in s.
   64  394.9082(2), appointed by the Speaker of the House of
   65  Representatives.
   66         9.A representative of a community-based substance abuse
   67  services provider, appointed by the Speaker of the House of
   68  Representatives.
   69         10.A psychiatrist licensed under chapter 458 or chapter
   70  459 practicing within the mental health delivery system,
   71  appointed by the Speaker of the House of Representatives.
   72         11.A psychologist licensed under chapter 490 practicing
   73  within the mental health delivery system, appointed by the
   74  Governor.
   75         12. A mental health professional licensed under chapter
   76  491, appointed by the Governor.
   77         13. An emergency room physician, appointed by the Governor.
   78         14.A representative from the field of law enforcement,
   79  appointed by the Governor.
   80         15. A representative of mental health courts, appointed by
   81  the Governor.
   82         (b)The Governor shall appoint the chair from the members
   83  of the commission. Appointments to the commission must be made
   84  by September 1, 2021. Members shall be appointed to serve 3-year
   85  terms at the pleasure of the officer who appointed the member. A
   86  vacancy on the commission shall be filled in the same manner as
   87  the original appointment.
   88         (c)The commission shall convene no later than September 1,
   89  2021. The commission shall meet at least quarterly or upon the
   90  call of the chair. The commission may hold its meetings via
   91  teleconference or other electronic means.
   92         (4)DUTIES.—
   93         (a)The duties of the Commission on Mental Health and
   94  Substance Abuse include the following:
   95         1.Conducting a review and evaluation of the management and
   96  functioning of the existing publicly supported mental health and
   97  substance abuse systems and services in the Department of
   98  Children and Families, the Agency for Health Care
   99  Administration, and all other departments that administer mental
  100  health and substance abuse services. Such review must include,
  101  at a minimum, a review of current goals and objectives, current
  102  planning, services strategies, coordination management,
  103  purchasing, contracting, financing, local government funding
  104  responsibility, and accountability mechanisms.
  105         2.Addressing the unique needs of persons with a history of
  106  substance abuse or with a comorbid psychiatric disorder.
  107         3.Addressing access to, financing of, and scope of
  108  responsibility in the delivery of emergency behavioral health
  109  care services.
  110         4.Addressing the quality and effectiveness of current
  111  mental health and substance abuse services delivery systems,
  112  professional staffing and clinical structure of services, and
  113  roles and responsibilities of public and private providers, such
  114  as community mental health centers; community-based substance
  115  abuse agencies; hospitals, including emergency services
  116  departments; law enforcement agencies; and the judicial system.
  117         5.Addressing priority population groups for publicly
  118  funded mental health and substance abuse services, identifying
  119  the comprehensive mental health and substance abuse services
  120  delivery systems, mental health and substance abuse needs
  121  assessment and planning activities, and local government funding
  122  responsibilities for mental health and substance abuse services.
  123         6. Reviewing the implementation of chapter 2020-107, Laws
  124  of Florida.
  125         7. Identifying any gaps in the provision of mental health
  126  and substance use disorder services.
  127         8. Providing recommendations on how behavioral health
  128  managing entities may fulfill their purpose of promoting service
  129  continuity.
  130         9.Submitting recommendations to the Governor, the
  131  President of the Senate, and the Speaker of the House of
  132  Representatives regarding the mission and objectives of state
  133  supported mental health and substance abuse services and the
  134  planning, management, staffing, financing, contracting,
  135  coordination, and accountability mechanisms that will best
  136  foster the recommended mission and objectives.
  137         10.Recommending a permanent, agency-level entity to manage
  138  mental health, substance abuse, and related services statewide.
  139         (b)The commission may call upon appropriate departments
  140  and agencies of state government for such professional
  141  assistance as may be needed in the discharge of its duties, and
  142  such departments and agencies shall provide such assistance in a
  143  timely manner.
  144         (5)REPORTS.—By September 1, 2022, and each year
  145  thereafter, the commission shall submit its report to the
  146  Governor, the President of the Senate, and the Speaker of the
  147  House of Representatives containing its findings and
  148  recommendations on how to best provide and facilitate mental
  149  health and substance abuse services in this state.
  150         (6)REPEAL.—This section is repealed September 1, 2026,
  151  unless reviewed and saved from repeal through reenactment by the
  152  Legislature.
  153         Section 3. This act shall take effect upon becoming a law.

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