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Key: (1) language to be deleted (2) new language


                         Laws of Minnesota 1987 

                        CHAPTER 342-S.F.No. 834 
           An act relating to human services; establishing the 
          office of assistant commissioner of mental health; 
          establishing a state advisory council on mental 
          health; creating a mental health division in the 
          department of human services; proposing coding for new 
          law in Minnesota Statutes, chapter 245.  
    Section 1.  [245.696] [ADDITIONAL DUTIES OF COMMISSIONER.] 
    Subdivision 1.  [MENTAL HEALTH DIVISION.] A mental health 
division is created in the department of human services.  The 
division shall enforce and coordinate the laws administered by 
the commissioner of human services, relating to mental illness, 
which the commissioner assigns to the division.  The mental 
health division shall be under the supervision of an assistant 
commissioner of mental health appointed by the commissioner.  
The commissioner, working with the assistant commissioner of 
mental health, shall oversee and coordinate services to people 
with mental illness in both community programs and regional 
treatment centers throughout the state. 
    Subd. 2.  [SPECIFIC DUTIES.] In addition to the powers and 
duties already conferred by law, the commissioner of human 
services shall: 
    (1) review and evaluate local programs and the performance 
of administrative and mental health personnel and make 
recommendations to county boards and program administrators; 
    (2) provide consultative staff service to communities and 
advocacy groups to assist in ascertaining local needs and in 
planning and establishing community mental health programs; 
    (3) employ qualified personnel to implement this chapter; 
    (4) as part of the biennial budget process, report to the 
legislature on staff use and staff performance, including in the 
report a description of duties performed by each person in the 
mental health division; 
    (5) adopt rules for minimum standards in community mental 
health services as directed by the legislature; 
    (6) cooperate with the commissioners of health and jobs and 
training to coordinate services and programs for people with 
mental illness;  
    (7) evaluate the needs of people with mental illness as 
they relate to assistance payments, medical benefits, nursing 
home care, and other state and federally funded services;  
    (8) provide data and other information, as requested, to 
the advisory council on mental health;  
    (9) develop and maintain a data collection system to 
provide information on the prevalence of mental illness, the 
need for specific mental health services and other services 
needed by people with mental illness, funding sources for those 
services, and the extent to which state and local areas are 
meeting the need for services;  
    (10) apply for grants and develop pilot programs to test 
and demonstrate new methods of assessing mental health needs and 
delivering mental health services;  
    (11) study alternative reimbursement systems and make 
waiver requests that are deemed necessary by the commissioner; 
    (12) provide technical assistance to county boards to 
improve fiscal management and accountability and quality of 
mental health services, and consult regularly with county 
boards, public and private mental health agencies, and client 
advocacy organizations for purposes of implementing this chapter;
    (13) promote coordination between the mental health system 
and other human service systems in the planning, funding, and 
delivery of services; entering into cooperative agreements with 
other state and local agencies for that purpose as deemed 
necessary by the commissioner; 
    (14) conduct research regarding the relative effectiveness 
of mental health treatment methods as the commissioner deems 
appropriate, and for this purpose, enter treatment facilities, 
observe clients, and review records in a manner consistent with 
the Minnesota government data practices act, chapter 13; and 
    (15) enter into contracts and promulgate rules the 
commissioner deems necessary to carry out the purposes of this 
    Subdivision 1.  [CREATION.] A state advisory council on 
mental health is created.  The council must have 25 members 
appointed by the governor in accordance with federal 
requirements.  The council must be composed of:  
    (1) the assistant commissioner of mental health for the 
department of human services;  
    (2) a representative of the department of human services 
responsible for the medical assistance program; 
    (3) one member of each of the four core mental health 
professional disciplines (psychiatry, psychology, social work, 
    (4) one representative from each of the following advocacy 
groups:  mental health association of Minnesota, Minnesota 
alliance for the mentally ill, and Minnesota mental health law 
    (5) providers of mental health services; 
    (6) consumers of mental health services; 
    (7) family members of persons with mental illnesses; 
    (8) legislators; 
    (9) social service agency directors; 
    (10) county commissioners; and 
    (11) other members reflecting a broad range of community 
interests, as the United States secretary of health and human 
services may prescribe by regulation or as may be selected by 
the governor. 
    Terms, compensation, and removal of members and filling of 
vacancies are governed by section 15.059, except that members 
shall not receive a per diem.  The council does not expire as 
provided in section 15.059. 
    Subd. 2.  [DUTIES.] The state advisory council on mental 
health shall:  
    (1) advise the governor, the legislature, and heads of 
state departments and agencies about policy, programs, and 
services affecting people with mental illness;  
    (2) advise the commissioner of human services on all phases 
of the development of mental health aspects of the biennial 
    (3) advise the governor and the legislature about the 
development of innovative mechanisms for providing and financing 
services to people with mental illness;  
    (4) encourage state departments and other agencies to 
conduct needed research in the field of mental health; 
    (5) educate the public about mental illness and the needs 
and potential of people with mental illness; and 
    (6) review and comment on all grants dealing with mental 
health and on the development and implementation of state and 
local mental health plans. 
    Subd. 3.  [REPORTS.] The state advisory council on mental 
health shall report from time to time on its activities to the 
governor, the legislature, and the commissioners of health, jobs 
and training, and human services.  It shall file a formal report 
with the governor not later than October 15 of each 
even-numbered year so that the information contained in the 
report, including recommendations, can be included in the 
governor's budget message to the legislature.  It shall also 
report to the legislature not later than November 15 of each 
even-numbered year. 
    Sec. 3.  [EFFECTIVE DATE.] 
    This act is effective the day after final enactment. 
    Approved June 2, 1987

Official Publication of the State of Minnesota Revisor of Statutes