January 27, 2006
SENATE BILL No. 36
_____
DIGEST OF SB 36
(Updated January 25, 2006 1:31 pm - DI 104)
Citations Affected: IC 12-7; IC 12-21; noncode.
Synopsis: Commission on mental health. Creates a statutory 17
member commission on mental health until June 30, 2011 to study the
delivery of mental health services in Indiana. (The commission was
originally established by a Noncode provision that expired January 1,
2006.) (The introduced version of this bill was prepared by the
commission on mental health.)
Effective: Upon passage.
Lawson C
January 9, 2006, read first time and referred to Committee on Health and Provider
Services.
January 26, 2006, amended, reported favorably _ Do Pass.
January 27, 2006
Second Regular Session 114th General Assembly (2006)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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between statutes enacted by the 2005 Regular Session of the General Assembly.
SENATE BILL No. 36
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-7-2-34; (06)SB0036.1.1. -->
SECTION 1. IC 12-7-2-34 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 34. "Commission"
means the following:
(1) For purposes of IC 12-10-2, the meaning set forth in
IC 12-10-2-1.
(2) For purposes of IC 12-11-7, the meaning set forth in
IC 12-11-7-1.
(3) For purposes of IC 12-12-2, the meaning set forth in
IC 12-12-2-1.
(4) For purposes of IC 12-13-14, the meaning set forth in
IC 12-13-14-1.
(5) For purposes of IC 12-14-12, the meaning set forth in
IC 12-14-12-1.
(6) For purposes of IC 12-21-6.5, the meaning set forth in
IC 12-21-6.5-1.
(6) (7) For purposes of IC 12-28-1, the meaning set forth in
IC 12-28-1-3.
SOURCE: IC 12-21-6.5; (06)SB0036.1.2. -->
SECTION 2. IC 12-21-6.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 6.5. Commission on Mental Health
Sec. 1. As used in this chapter, "commission" refers to the
Indiana commission on mental health established by section 2 of
this chapter.
Sec. 2. The Indiana commission on mental health is established.
Sec. 3. The commission consists of seventeen (17) members
determined as follows:
(1) The speaker of the house of representatives and the
president pro tempore of the senate shall each appoint two (2)
legislative members, who may not be from the same political
party, to serve on the commission.
(2) The governor shall appoint thirteen (13) lay members, not
more than seven (7) of whom may be from the same political
party, to serve on the commission for a term of four (4) years
as follows:
(A) Four (4) at-large members, not more than two (2) of
whom may be from the same political party.
(B) Two (2) consumers of mental health services.
(C) Two (2) representatives of different advocacy groups
for consumers of mental health services.
(D) Two (2) members of families of consumers of mental
health services.
(E) Three (3) members who represent mental health
providers. One (1) of the members appointed under this
clause must be a representative of a for-profit psychiatric
provider. One (1) of the members appointed under this
clause must be a physician licensed under IC 25-22.5.
(3) The governor shall ensure that the members appointed
under subdivision (2) represent all geographic areas of
Indiana.
Sec. 4. Except for the members appointed under section 3(2)(E)
of this chapter, the members of the commission may not have a
financial interest in the subject matter to be studied by the
commission.
Sec. 5. The chairman of the legislative council shall designate a
legislative member of the commission to serve as chairperson of the
commission.
Sec. 6. The commission shall operate under the policies
governing study committees adopted by the legislative council.
Sec. 7. The affirmative votes of a majority of the members
appointed to the commission are required for the commission to
take action on any measure, including final reports.
Sec. 8. The commission shall do the following:
(1) Study and evaluate the funding system for mental health
services in Indiana.
(2) Review and make specific recommendations regarding the
provision of mental health services delivered by community
providers and state operated hospitals. The review and
recommendations must cover services to all age groups
including children, youth, and adults.
(3) Review and make recommendations regarding any unmet
need for public supported mental health services:
(A) in any specific geographic area; or
(B) throughout Indiana.
In formulating recommendations, the commission shall
consider the need, feasibility, and desirability of including
additional organizations in the network of providers of mental
health services.
(4) Monitor the implementation of managed care for the
mentally ill that is paid for in part or in whole by the state.
(5) Make recommendations regarding the commission's
findings to the appropriate division or department of state
government.
Sec. 9. This chapter expires June 30, 2011.
SOURCE: ; (06)SB0036.1.3. -->
SECTION 3. [EFFECTIVE UPON PASSAGE] (a) For purposes of
this SECTION, "commission" refers to the commission on mental
health established by IC 12-21-6.5-2, as added by this act.
(b) The initial members of the board shall serve for the
following terms:
(1) One (1) member appointed under IC 12-21-6.5-3(2)(A), as
added by this act, for one (1) year.
(2) One (1) member appointed under IC 12-21-6.5-3(2)(A), as
added by this act, for two (2) years.
(3) One (1) member appointed under IC 12-21-6.5-3(2)(A), as
added by this act, for three (3) years.
(4) One (1) member appointed under IC 12-21-6.5-3(2)(A), as
added by this act, for four (4) years.
(5) One (1) member appointed under IC 12-21-6.5-3(2)(B), as
added by this act, for one (1) year.
(6) One (1) member appointed under IC 12-21-6.5-3(2)(B), as
added by this act, for three (3) years.
(7) One (1) member appointed under IC 12-21-6.5-3(2)(C), as
added by this act, for two (2) years.
(8) One (1) member appointed under IC 12-21-6.5-3(2)(C), as
added by this act, for four (4) years.
(9) One (1) member appointed under IC 12-21-6.5-3(2)(D), as
added by this act, for one (1) year.
(10) One (1) member appointed under IC 12-21-6.5-3(2)(D),
as added by this act, for three (3) years.
(11) One (1) member appointed under IC 12-21-6.5-3(2)(E), as
added by this act, who is a representative of a for-profit
psychiatric provider, for two (2) years.
(12) One (1) member appointed under IC 12-21-6.5-3(2)(E), as
added by this act, who is a physician licensed under
IC 25-22.5, for three (3) years.
(13) One (1) member appointed under IC 12-21-6.5-3(2)(E), as
added by this act, who is not described in subdivision (11) or
(12), for four (4) years.
(c) This SECTION expires December 31, 2011.
SOURCE: ; (06)SB0036.1.4. -->
SECTION 4.
An emergency is declared for this act.