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Section: 630.0003 Department created--state mental health commission--Missouri institute of mental health--transfers of powers and agencies. RSMO 630.003


Published: 2015

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Missouri Revised Statutes













Chapter 630

Department of Mental Health

←630.1005

Section 630.003.1

630.005→

August 28, 2015

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

630.003. 1. There is hereby created a department of mental health to

be headed by a mental health commission who shall appoint a director, by

and with the advice and consent of the senate. The director shall be the

administrative head of the department and shall serve at the pleasure of

the commission and be compensated as provided by law for the director,

division of mental health. All employees of the department shall be

selected in accordance with chapter 36.



2. (1) The "State Mental Health Commission", composed of seven

members, is the successor to the former state mental health commission and

it has all the powers, duties and responsibilities of the former

commission. All members of the commission shall be appointed by the

governor, by and with the advice and consent of the senate. None of the

members shall otherwise be employed by the state of Missouri.



(2) Three of the commission members first appointed shall be

appointed for terms of four years, and two shall be appointed for terms of

three years, and two shall be appointed for a term of two years. The

governor shall designate, at the time the appointments are made, the length

of the term of each member so appointed. Thereafter all terms shall be for

four years.



(3) At least two of the members of the commission shall be

physicians, one of whom shall be recognized as an expert in the field of

the treatment of nervous and mental diseases, and one of whom shall be

recognized as an expert in the field of intellectual or developmental

disabilities. At least two of the members of the commission shall be

representative of persons or groups who are consumers having substantial

interest in the services provided by the division, one of whom shall

represent persons with an intellectual disability or developmental

disability and one of whom shall represent those persons being treated for

nervous and mental diseases. Of the other three members at least one must

be recognized for his expertise in general business management procedures,

and two shall be recognized for their interest and expertise in dealing

with alcohol/drug abuse problems, 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 and others

as they relate to the division of mental health not previously reassigned

by executive reorganization plan number 2 of 1973 as submitted by the

governor under chapter 26 are transferred by specific type transfer from

the department of public health and welfare to the department of mental

health. The division of mental health, department of health and welfare,

chapter 202 and others are abolished and all powers, duties and functions

now assigned by law to the division, the director of the divisions of

mental health or any of the institutions or officials of the division are

transferred by type I transfer to the department of mental health.



4. The Missouri institute of psychiatry, which is under the board of

curators of the University of Missouri is hereafter to be known as the

"Missouri Institute of Mental Health". The purpose of the institute will

be that of conducting research into improving services for persons served

by the department of mental health for fostering the training of

psychiatric residents in public psychiatry and for fostering excellence in

mental health services through employee training and the study of mental

health policy and ethics. To assist in this training, hospitals operated

by and providers contracting with the department of mental health may be

used for the same purposes and under the same arrangements as the board of

curators of the University of Missouri utilizes with other hospitals in the

state in supervising residency training for medical doctors.

Appropriations requests for the Missouri institute of mental health shall

be jointly developed by the University of Missouri and the department of

mental health. All appropriations for the Missouri institute of mental

health shall be made to the curators of the University of Missouri but

shall be submitted separately from the appropriations of the curators of

the University of Missouri.



5. There is hereby established within the department of mental health

a division of developmental disabilities. The director of the division

shall be appointed by the director of the department. The division shall

administer all state facilities under the direction and authority of the

department director. The Marshall Habilitation Center, the Higginsville

Habilitation Center, the Bellefontaine Habilitation Center, the Nevada

Habilitation Center, the St. Louis Developmental Disabilities Treatment

Centers, and the regional centers located at Albany, Columbia, Hannibal,

Joplin, Kansas City, Kirksville, Poplar Bluff, Rolla, St. Louis, Sikeston

and Springfield and other similar facilities as may be established, are

transferred by type I transfer to the division of developmental

disabilities.



6. All the duties, powers and functions of the advisory council on

mental retardation and community health centers, sections 202.664 to

202.666, are hereby transferred by type I transfer to the division of

mental retardation and developmental disabilities of the department of

mental health. The advisory council on mental retardation and community

health centers shall be appointed by the division director.



7. The advisory council on mental retardation and developmental

disabilities heretofore established by executive order and all of the

duties, powers and functions of the advisory council including the

responsibilities of the provision of the council in regard to the Federal

Development Disabilities Law (P.L. 91-517) and all amendments thereto are

transferred by type I transfer to the division of developmental

disabilities. The advisory council on mental retardation and developmental

disabilities shall be appointed by the director of the division of

developmental disabilities.



8. The advisory council on alcoholism and drug abuse, chapter 202, is

transferred by type II transfer to the department of mental health and the

members of the advisory council 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, A.L. 2011 H.B. 555 merged with H.B. 648, A.L. 2014 H.B.

1064)



*Sections 191.120, 191.130, and 191.140 were repealed by H.B. 1554

Revision, 1986. Section 191.125 was repealed by H.B. 1724, 1980.

Section 191.200 was repealed by S.B. 60, 1977.





2011

1991



2011



630.003. 1. There is hereby created a department of mental health to

be headed by a mental health commission who shall appoint a director, by

and with the advice and consent of the senate. The director shall be the

administrative head of the department and shall serve at the pleasure of

the commission and be compensated as provided by law for the director,

division of mental health. All employees of the department shall be

selected in accordance with chapter 36.



2. (1) The "State Mental Health Commission", composed of seven

members, is the successor to the former state mental health commission and

it has all the powers, duties and responsibilities of the former

commission. All members of the commission shall be appointed by the

governor, by and with the advice and consent of the senate. None of the

members shall otherwise be employed by the state of Missouri.



(2) Three of the commission members first appointed shall be

appointed for terms of four years, and two shall be appointed for terms of

three years, and two shall be appointed for a term of two years. The

governor shall designate, at the time the appointments are made, the length

of the term of each member so appointed. Thereafter all terms shall be for

four years.



(3) At least two of the members of the commission shall be

physicians, one of whom shall be recognized as an expert in the field of

the treatment of nervous and mental diseases, and one of whom shall be

recognized as an expert in the field of intellectual or developmental

disabilities. At least two of the members of the commission shall be

representative of persons or groups who are consumers having substantial

interest in the services provided by the division, one of whom shall

represent persons with an intellectual disability or developmental

disability and one of whom shall represent those persons being treated for

nervous and mental diseases. Of the other three members at least one must

be recognized for his expertise in general business management procedures,

and two shall be recognized for their interest and expertise in dealing

with alcohol/drug abuse problems, 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 and others

as they relate to the division of mental health not previously reassigned

by executive reorganization plan number 2 of 1973 as submitted by the

governor under chapter 26 are transferred by specific type transfer from

the department of public health and welfare to the department of mental

health. The division of mental health, department of health and welfare,

chapter 202 and others are abolished and all powers, duties and functions

now assigned by law to the division, the director of the divisions of

mental health or any of the institutions or officials of the division are

transferred by type I transfer to the department of mental health.



4. The Missouri institute of psychiatry, which is under the board of

curators of the University of Missouri is hereafter to be known as the

"Missouri Institute of Mental Health". The purpose of the institute will

be that of conducting research into improving services for persons served

by the department of mental health for fostering the training of

psychiatric residents in public psychiatry and for fostering excellence in

mental health services through employee training and the study of mental

health policy and ethics. To assist in this training, hospitals operated

by and providers contracting with the department of mental health may be

used for the same purposes and under the same arrangements as the board of

curators of the University of Missouri utilizes with other hospitals in the

state in supervising residency training for medical doctors.

Appropriations requests for the Missouri institute of mental health shall

be jointly developed by the University of Missouri and the department of

mental health. All appropriations for the Missouri institute of mental

health shall be made to the curators of the University of Missouri but

shall be submitted separately from the appropriations of the curators of

the University of Missouri.



5. There is hereby established within the department of mental health

a division of developmental disabilities. The director of the division

shall be appointed by the director of the department. The division shall

administer all state facilities under the direction and authority of the

department director. The Marshall Habilitation Center, the Higginsville

Habilitation Center, the Bellefontaine Habilitation Center, the Nevada

Habilitation Center, the St. Louis Developmental Disabilities Treatment

Centers, and the regional centers located at Albany, Columbia, Hannibal,

Joplin, Kansas City, Kirksville, Poplar Bluff, Rolla, St. Louis, Sikeston

and Springfield and other similar facilities as may be established, are

transferred by type I transfer to the division of developmental

disabilities.



6. All the duties, powers and functions of the advisory council on

mental retardation and community health centers, sections 202.664 to

202.666, are hereby transferred by type I transfer to the division of

mental retardation and developmental disabilities of the department of

mental health. The advisory council on mental retardation and community

health centers shall be appointed by the division director.



7. The advisory council on mental retardation and developmental

disabilities heretofore established by executive order and all of the

duties, powers and functions of the advisory council including the

responsibilities of the provision of the council in regard to the Federal

Development Disabilities Law (P.L. 91-517) and all amendments thereto are

transferred by type I transfer to the division of mental retardation and

developmental disabilities. The advisory council on mental retardation and

developmental disabilities shall be appointed by the director of the

division of mental retardation and developmental disabilities.



8. The advisory council on alcoholism and drug abuse, chapter 202, is

transferred by type II transfer to the department of mental health and the

members of the advisory council shall be appointed by the mental health

director.



1991



630.003. 1. There is hereby created a department of mental health to be

headed by a mental health commission who shall appoint a director, by and

with the advice and consent of the senate. The director shall be the

administrative head of the department and shall serve at the pleasure of the

commission and be compensated as provided by law for the director, division

of mental health. All employees of the department shall be selected in

accordance with chapter 36.



2. (1) The "State Mental Health Commission", composed of seven members,

is the successor to the former state mental health commission and it has all

the powers, duties and responsibilities of the former commission. All

members of the commission shall be appointed by the governor, by and with the

advice and consent of the senate. None of the members shall otherwise be

employed by the state of Missouri.



(2) Three of the commission members first appointed shall be appointed

for terms of four years, and two shall be appointed for terms of three years,

and two shall be appointed for a term of two years. The governor shall

designate, at the time the appointments are made, the length of the term of

each member so appointed. Thereafter all terms shall be for four years.



(3) At least two of the members of the commission shall be physicians,

one of whom shall be recognized as an expert in the field of the treatment of

nervous and mental diseases, and one of whom shall be recognized as an expert

in the field of mental retardation or of other developmental disabilities.

At least two of the members of the commission shall be representative of

persons or groups who are consumers having substantial interest in the

services provided by the division, one of whom shall represent the mentally

retarded or developmentally disabled and one of whom shall represent those

persons being treated for nervous and mental diseases. Of the other three

members at least one must be recognized for his expertise in general business

management procedures, and two shall be recognized for their interest and

expertise in dealing with alcohol/drug abuse problems, 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 and others as

they relate to the division of mental health not previously reassigned by

executive reorganization plan number 2 of 1973 as submitted by the governor

under chapter 26 are transferred by specific type transfer from the department

of public health and welfare to the department of mental health. The division

of mental health, department of health and welfare, chapter 202 and others

are abolished and all powers, duties and functions now assigned by law to the

division, the director of the divisions of mental health or any of the

institutions or officials of the division are transferred by type I transfer

to the department of mental health.



4. The Missouri institute of psychiatry, which is under the board of

curators of the University of Missouri is hereafter to be known as the

"Missouri Institute of Mental Health". The purpose of the institute will be

that of conducting research into improving services for persons served by the

department of mental health for fostering the training of psychiatric

residents in public psychiatry and for fostering excellence in mental health

services through employee training and the study of mental health policy and

ethics. To assist in this training, hospitals operated by and providers

contracting with the department of mental health may be used for the same

purposes and under the same arrangements as the board of curators of the

University of Missouri utilizes with other hospitals in the state in

supervising residency training for medical doctors. Appropriations requests

for the Missouri institute of mental health shall be jointly developed by the

University of Missouri and the department of mental health. All

appropriations for the Missouri institute of mental health shall be made to

the curators of the University of Missouri but shall be submitted separately

from the appropriations of the curators of the University of Missouri.



5. There is hereby established within the department of mental health a

division of mental retardation and developmental disabilities. The director

of the division shall be appointed by the director of the department. The

division shall administer all state facilities under the direction and

authority of the department director. The Marshall Habilitation Center, the

Higginsville Habilitation Center, the Bellefontaine Habilitation Center, the

Nevada Habilitation Center, the St. Louis Developmental Disabilities

Treatment Centers, and the regional centers located at Albany, Columbia,

Hannibal, Joplin, Kansas City, Kirksville, Poplar Bluff, Rolla, St. Louis,

Sikeston and Springfield and other similar facilities as may be established,

are transferred by type I transfer to the division of mental retardation and

developmental disabilities.



6. All the duties, powers and functions of the advisory council on

mental retardation and community health centers, sections 202.664 to 202.666,

are hereby transferred by type I transfer to the division of mental

retardation and developmental disabilities of the department of mental

health. The advisory council on mental retardation and community health

centers shall be appointed by the division director.



7. The advisory council on mental retardation and developmental

disabilities heretofore established by executive order and all of the duties,

powers and functions of the advisory council including the responsibilities

of the provision of the council in regard to the Federal Development

Disabilities Law (P.L. 91-517) and all amendments thereto are transferred by

type I transfer to the division of mental retardation and developmental

disabilities. The advisory council on mental retardation and developmental

disabilities shall be appointed by the director of the division of mental

retardation and developmental disabilities.



8. The advisory council on alcoholism and drug abuse, chapter 202, is

transferred by type II transfer to the department of mental health and the

members of the advisory council shall be appointed by the mental health

director.







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