630.003. Department created--state mental health commission--Missouri institute of mental health--transfers of powers and agencies. - Missouri Statutes

Department created--state mental health commission--Missouriinstitute of mental health--transfers of powers and agencies.

630.003. 1. There is hereby created a department of mentalhealth to be headed by a mental health commission who shallappoint a director, by and with the advice and consent of thesenate. The director shall be the administrative head of thedepartment and shall serve at the pleasure of the commission andbe compensated as provided by law for the director, division ofmental health. All employees of the department shall be selectedin accordance with chapter 36, RSMo.

2. (1) The "State Mental Health Commission", composed ofseven members, is the successor to the former state mental healthcommission and it has all the powers, duties and responsibilitiesof the former commission. All members of the commission shall beappointed by the governor, by and with the advice and consent ofthe senate. None of the members shall otherwise be employed bythe state of Missouri.

(2) Three of the commission members first appointed shallbe appointed for terms of four years, and two shall be appointedfor terms of three years, and two shall be appointed for a termof two years. The governor shall designate, at the time theappointments are made, the length of the term of each member soappointed. Thereafter all terms shall be for four years.

(3) At least two of the members of the commission shall bephysicians, one of whom shall be recognized as an expert in thefield of the treatment of nervous and mental diseases, and one ofwhom shall be recognized as an expert in the field of mentalretardation or of other developmental disabilities. At least twoof the members of the commission shall be representative ofpersons or groups who are consumers having substantial interestin the services provided by the division, one of whom shallrepresent the mentally retarded or developmentally disabled andone of whom shall represent those persons being treated fornervous and mental diseases. Of the other three members at leastone must be recognized for his expertise in general businessmanagement procedures, and two shall be recognized for theirinterest and expertise in dealing with alcohol/drug abuseproblems, or community mental health services.

3. The provisions of sections 191.120, 191.125, 191.130,191.140, 191.150, 191.160, 191.170, 191.180, 191.190, 191.200,191.210, RSMo, and others as they relate to the division ofmental health not previously reassigned by executivereorganization plan number 2 of 1973 as submitted by the governorunder chapter 26, RSMo, are transferred by specific type transferfrom the department of public health and welfare to thedepartment of mental health. The division of mental health,department of health and welfare, chapter 202, RSMo, and othersare abolished and all powers, duties and functions now assignedby law to the division, the director of the divisions of mentalhealth or any of the institutions or officials of the divisionare transferred by type I transfer to the department of mentalhealth.

4. The Missouri institute of psychiatry, which is under theboard of curators of the University of Missouri is hereafter tobe known as the "Missouri Institute of Mental Health". Thepurpose of the institute will be that of conducting research intoimproving services for persons served by the department of mentalhealth for fostering the training of psychiatric residents inpublic psychiatry and for fostering excellence in mental healthservices through employee training and the study of mental healthpolicy and ethics. To assist in this training, hospitalsoperated by and providers contracting with the department ofmental health may be used for the same purposes and under thesame arrangements as the board of curators of the University ofMissouri utilizes with other hospitals in the state insupervising residency training for medical doctors.Appropriations requests for the Missouri institute of mentalhealth shall be jointly developed by the University of Missouriand the department of mental health. All appropriations for theMissouri institute of mental health shall be made to the curatorsof the University of Missouri but shall be submitted separatelyfrom the appropriations of the curators of the University ofMissouri.

5. There is hereby established within the department ofmental health a division of mental retardation and developmentaldisabilities. The director of the division shall be appointed bythe director of the department. The division shall administerall state facilities under the direction and authority of thedepartment director. The Marshall Habilitation Center, theHigginsville Habilitation Center, the Bellefontaine HabilitationCenter, the Nevada Habilitation Center, the St. LouisDevelopmental Disabilities Treatment Centers, and the regionalcenters located at Albany, Columbia, Hannibal, Joplin, KansasCity, Kirksville, Poplar Bluff, Rolla, St. Louis, Sikeston andSpringfield and other similar facilities as may be established,are transferred by type I transfer to the division of mentalretardation and developmental disabilities.

6. All the duties, powers and functions of the advisorycouncil on mental retardation and community health centers,sections 202.664 to 202.666, RSMo, are hereby transferred by typeI transfer to the division of mental retardation anddevelopmental disabilities of the department of mental health.The advisory council on mental retardation and community healthcenters shall be appointed by the division director.

7. The advisory council on mental retardation anddevelopmental disabilities heretofore established by executiveorder and all of the duties, powers and functions of the advisorycouncil including the responsibilities of the provision of thecouncil in regard to the Federal Development Disabilities Law(P.L. 91-517) and all amendments thereto are transferred by typeI transfer to the division of mental retardation anddevelopmental disabilities. The advisory council on mentalretardation and developmental disabilities shall be appointed bythe director of the division of mental retardation anddevelopmental disabilities.

8. The advisory council on alcoholism and drug abuse,chapter 202, RSMo, is transferred by type II transfer to thedepartment of mental health and the members of the advisorycouncil shall be appointed by the mental health director.

(L. 1973 1st Ex. Sess. S.B. 1, A.L. 1990 H.B. 1383, A.L. 1991 H.B. 568)

Effective 5-29-91

*Transferred 1986; formerly section 9, Reorganization Act 1974, Appendix B