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                             CHAPTER 39-H.F.No. 640 
                  An act relating to mental health; modifying 
                  membership, duties, and reporting requirements for the 
                  state advisory council on mental health; amending 
                  Minnesota Statutes 1998, section 245.697. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 245.697, is 
        amended to read: 
           245.697 [STATE ADVISORY COUNCIL ON MENTAL HEALTH.] 
           Subdivision 1.  [CREATION.] A state advisory council on 
        mental health is created.  The council must have 30 members 
        appointed by the governor in accordance with federal 
        requirements.  In making the appointments, the governor shall 
        consider appropriate representation of communities of color.  
        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, 
        nursing); 
           (4) one representative from each of the following advocacy 
        groups:  mental health association of Minnesota, Minnesota 
        alliance for the mentally ill NAMI-MN, mental health 
        consumer/survivor network of Minnesota, and Minnesota mental 
        health law project disability law center; 
           (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, including family physicians, or members as the United 
        States Secretary of Health and Human Services may prescribe by 
        regulation or as may be selected by the governor. 
           The council shall select a chair.  Terms, compensation, and 
        removal of members and filling of vacancies are governed by 
        section 15.059.  Notwithstanding provisions of section 15.059, 
        the council and its subcommittee on children's mental health do 
        not expire.  The commissioner of human services shall provide 
        staff support and supplies to the council. 
           Subd. 2.  [DUTIES.] The state advisory council on mental 
        health shall:  
           (1) advise the governor 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 
        budget; 
           (3) advise the governor 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) review recommendations of the subcommittee on 
        children's mental health; 
           (6) educate the public about mental illness and the needs 
        and potential of people with mental illness; 
           (7) review and comment on all grants dealing with mental 
        health and on the development and implementation of state and 
        local mental health plans; and 
           (8) coordinate the work of local children's and adult 
        mental health advisory councils and subcommittees. 
           Subd. 2a.  [SUBCOMMITTEE ON CHILDREN'S MENTAL HEALTH.] The 
        state advisory council on mental health (the "advisory council") 
        must have a subcommittee on children's mental health.  The 
        subcommittee must make recommendations to the advisory council 
        on policies, laws, regulations, and services relating to 
        children's mental health.  Members of the subcommittee must 
        include: 
           (1) the commissioners or designees of the commissioners of 
        the departments of human services, health, children, families, 
        and learning, state planning, finance, and corrections; 
           (2) the commissioner of commerce or a designee of the 
        commissioner who is knowledgeable about medical insurance 
        issues; 
           (3) at least one representative of an advocacy group for 
        children with emotional disturbances; 
           (4) providers of children's mental health services, 
        including at least one provider of services to preadolescent 
        children, one provider of services to adolescents, and one 
        hospital-based provider; 
           (5) parents of children who have emotional disturbances; 
           (6) a present or former consumer of adolescent mental 
        health services; 
           (7) educators currently working with emotionally disturbed 
        children; 
           (8) people knowledgeable about the needs of emotionally 
        disturbed children of minority races and cultures; 
           (9) people experienced in working with emotionally 
        disturbed children who have committed status offenses; 
           (10) members of the advisory council; 
           (11) one person from the local corrections department and 
        one representative of the Minnesota district judges association 
        juvenile committee; and 
           (12) county commissioners and social services agency 
        representatives. 
           The chair of the advisory council shall appoint 
        subcommittee members described in clauses (3) to (11) through 
        the process established in section 15.0597.  The chair shall 
        appoint members to ensure a geographical balance on the 
        subcommittee.  Terms, compensation, removal, and filling of 
        vacancies are governed by subdivision 1, except that terms of 
        subcommittee members who are also members of the advisory 
        council are coterminous with their terms on the advisory 
        council.  The subcommittee shall meet at the call of the 
        subcommittee chair who is elected by the subcommittee from among 
        its members.  The subcommittee expires with the expiration of 
        the advisory council. 
           Subd. 3.  [REPORTS.] The state advisory council on mental 
        health shall report from time to time on its activities to the 
        governor, the chairs of the appropriate policy committees of the 
        house and senate, and the commissioners of health, economic 
        security, 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 chairs of the appropriate policy committees of the 
        house and senate not later than November 15 of each 
        even-numbered year. 
           Presented to the governor April 8, 1999 
           Signed by the governor April 12, 1999, 2:14 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes