COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 74
(By Senators Blatnik, Holliday and Boley)
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[Originating in the Committee on Health and Human Resources;
reported March 29, 1993.]
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A BILL to amend and reenact section four, article one-a, chapter
twenty-seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to mental health;
and requiring the secretary of the department of health and
human resources to report annually on a plan for incremental
implementation of the state's mental health program,
reflecting a priority to those citizens without access to
appropriate services, by the first day of January, one
thousand nine hundred ninety-four.
Be it enacted by the Legislature of West Virginia:
That section four, article one-a, chapter twenty-seven of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 1A. DEPARTMENT OF HEALTH AND HUMAN RESOURCES.
§27-1A-4. Powers and duties of the secretary; power of eminent
domain.
The secretary of the department of health and human
resources has the following powers and duties:
(a) To develop and maintain a comprehensive state plan which
sets forth needs of the state in the areas of substance abuse,
mental health and mental retardation; goals and objectives for
meeting those needs; a plan of operation for achieving the stated
goals and objectives, including organizational structure; a
statement of requirements in personnel funds and authority for
achieving the goals and objectives; and a plan for incremental
implementation of services reflecting priority for those citizens
without access to a delivery system which appropriately addresses
their mental health, mental retardation or substance abuse
services on or before the first day of January, one thousand nine
hundred ninety-four, with written annual reviews thereafter.
(b) To appoint deputies and assistants to supervise the
departmental programs, including hospital and residential
services, and such other assistants and employees as may be
necessary for the efficient operation of the department and all
its programs.
(c) To promulgate rules and regulations clearly specifying
the respective duties and responsibilities of program directors
and fiscal administrators, making a clear distinction between the
respective functions of these officials.
(d) To delegate to any of his or her appointees, assistants
or employees all powers and duties vested in the secretary,
including the power to execute contracts and agreements in the
name of the department as provided in this article, but thesecretary is responsible for the acts of appointees, assistants
and employees.
(e) To supervise and coordinate the operation of the state
hospitals named in article two of this chapter and any other
state hospitals, centers or institutions hereafter created for
the care and treatment of the mentally ill or mentally retarded,
or both.
(f) To transfer a patient from any state hospital to any
other state hospital or clinic under his or her control and, by
agreement with the commissioner of corrections, transfer a
patient from a state hospital to an institution, other than
correctional, under the supervision of the commissioner of
corrections.
(g) To make periodic reports to the governor and to the
Legislature on the condition of the state hospitals, centers and
institutions or on other matters within his or her authority,
which shall include recommendations for improvement of any mental
health facility and any other matters affecting the mental health
of the people of the state.
The secretary of the department of health and human
resources has all of the authority vested in the divisions of the
department.
The secretary is hereby authorized and empowered to accept
and use for the benefit of a state hospital, center or
institution, or for any other mental health purpose specified in
this chapter, any gift or devise of any property or thing which
lawfully may be given. If a gift or devise is for a specificpurpose or for a particular state hospital, center or
institution, it shall be used as specified. Any gift or devise
of any property or thing which lawfully may be given and whatever
profit may arise from its use or investment shall be deposited in
a special revenue fund with the state treasurer, and shall be
used only as specified by the donor or donors.
Whenever it is necessary, the department of health and human
resources may condemn any interest, right or privilege, land or
improvement, which in its opinion may be necessary, in the manner
provided by law, for the acquisition by this state of property
for public purposes.
NOTE: The purpose of this bill is to require the Secretary
of the Department of Health and Human Resources to report
annually on the implementation of the state's comprehensive
mental health program beginning January 1, 1994.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.