Bill Text: HI SB905 | 2021 | Regular Session | Amended


Bill Title: Relating To The State Council On Mental Health.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Engrossed - Dead) 2021-03-11 - Referred to HHH, JHA, FIN, referral sheet 22 [SB905 Detail]

Download: Hawaii-2021-SB905-Amended.html

THE SENATE

S.B. NO.

905

THIRTY-FIRST LEGISLATURE, 2021

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE STATE COUNCIL ON MENTAL HEALTH.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that native Hawaiians experience mental health disparities that require culturally responsive solutions.  Native Hawaiian youth are more than twice as likely to attempt suicide than their Caucasian peers.  Native Hawaiian keiki are overrepresented as victims of abuse and neglect, and native Hawaiian youth experience higher rates of depression and drug use.  Native Hawaiians are also less likely than other populations to seek help from the State's mental health services.

     The legislature recognizes that, to address these disparities, culturally based mental health services are needed.  Research shows that treatment programs are four times more successful when interventions are congruent with the client's values and beliefs.  The need to provide programs that are grounded in native Hawaiian healing and health practices is especially critical given the State's commitment in section 226‑20, Hawaii Revised Statutes, to "[p]rioritize programs, services, interventions, and activities that address identified social determinants of health to improve native Hawaiian health and well-being[.]"

     The legislature finds that the state council on mental health is responsible for ensuring that Hawaii's residents receive adequate and appropriate mental health services.  Requiring the council to include members having educational, professional, or practical backgrounds in native Hawaiian and indigenous health, transgenerational trauma, and traditional healing practices will help the State advance and develop culturally responsive policies and programs.

     Accordingly, the purpose of this Act is to require some members of the state council on mental health to have demonstrated knowledge of or work experience involving traditional native Hawaiian health practices.

     SECTION 2.  Section 334-10, Hawaii Revised Statutes, is amended to read as follows:

     "§334-10  State council on mental health.  (a)  There is established, within the department of health for administrative purposes, a state council on mental health.  The council shall consist of twenty-one members appointed by the governor as provided in section 26-34.  In making appointments to the council, the governor shall ensure that all service area boards of the State are represented, and that a majority of the members are nonproviders of mental health or other health services, and that a majority of the members are not state employees.  The number of parents of children with serious emotional disturbances shall be sufficient to provide adequate representation of such children in the deliberations of the council.  The council shall be composed of residents of the State, including individuals representing:

     (1)  The principal state agencies with respect to mental health, education, vocational rehabilitation, criminal justice, housing, medicaid, and social services;

     (2)  Public and private entities concerned with the need, planning, operation, funding, and use of mental health services and related support services;

     (3)  Adults with serious mental illnesses who are receiving, or have received, mental health services;

     (4)  The families of such adults or families of children with serious emotional disturbances; and

     (5)  The Hawaii advisory commission on drug abuse and controlled substances who shall be a person knowledgeable about the community and the relationships between mental health, mental illness, and substance abuse.

     (b)  At least         members of the council shall have demonstrated knowledge of or work experience involving native Hawaiian concepts of well-being, culturally grounded mental health methodologies, or traditional healing and health practices, as evidenced by:

     (1)  A college or university degree in a relevant field, such as:

          (A)  Psychology;

          (B)  Social work;

          (C)  Public health;

          (D)  Nursing;

          (E)  Hawaiian studies;

          (F)  Health administration; or

          (G)  Medicine;

          with a focus on native Hawaiian and indigenous health, transgenerational trauma, or traditional healing and health practices including hooponopono, laau lapaau, or lomilomi;

     (2)  A work history that demonstrates an appropriate level of knowledge of or involvement in native Hawaiian and indigenous health, transgenerational trauma, or traditional healing and health practices including hooponopono, laau lapaau, or lomilomi;

     (3)  A history of health, social, or advocacy work addressing native Hawaiian inequities; or

     (4)  Substantial community experience as a native Hawaiian traditional and customary practitioner offering healing treatments, techniques, services, or practices.

     [(b)] (c)  The council shall elect a chairperson from among its members.  All members shall serve without compensation but shall be paid their necessary expenses in attending meetings of the council.

     [(c)] (d)  The council shall advise the department on allocation of resources, statewide needs, and programs affecting two or more service areas.  The council shall review and comment on the statewide comprehensive integrated service plan and shall serve as an advocate for adults with serious mental illness, children with serious emotional disturbances, other individuals with mental illnesses or emotional problems, and individuals with combined mental illness substance abuse disorders.

     [(d)] (e)  If the department's action is not in conformance with the council's advice, the department shall provide a written explanation of its position to the council.

     [(e)] (f)  The council shall prepare and submit an annual report to the governor and the legislature on implementation of the statewide comprehensive integrated service plan.  The report presented to the legislature shall be submitted at least twenty days prior to the convening of each regular session.

     [(f)] (g)  A quorum for purposes of doing business shall consist of a majority of the members serving on the council immediately before a meeting begins.

     [(g)] (h)  If a quorum is present when a vote is taken, the affirmative vote of a majority of members present shall constitute a valid act of the council unless this chapter, part I of chapter 92, the articles of incorporation, or the bylaws require a greater number of affirmative votes."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on May 6, 2137.


 


 

Report Title:

State Council on Mental Health; Native Hawaiian Health Practices

 

Description:

Requires the state council on mental health to include an unspecified number of members with demonstrated knowledge of or work experience involving native Hawaiian health practices.  Takes effect 5/6/2137.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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