Senate Bill No. 74
(By Senators Blatnik, Holliday and Boley)
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[Introduced February 17, 1993; referred to the Committee
on Health and Human Resources; and then to
the Committee on Finance.]
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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 implement a comprehensive mental health
program 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 commissioner shall be the executive head of the
department, and as such shall have The secretary of thedepartment of health and human resources has the following powers
and duties:
(a) To develop, implement 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; and a statement of requirements in
personnel funds and authority for achieving the goals and
objectives 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 commissioner
secretary, including the power to execute contracts and
agreements in the name of the department as provided in this
article, but the commissioner shall be secretary is responsible
for the acts of such 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 state commissioner of public institutions of
corrections, transfer a patient from a state hospital to an
institution, other than correctional, under the supervision of
the state commissioner of public institutions 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 commissioner of mental health shall have secretary of
the department of health and human resources has all of the
authority vested in the divisions of the department. as
hereinafter provided
The commissioner 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 such a gift or devise isfor a specific purpose 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 shall become is necessary, the department of
mental 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 implement a
comprehensive mental health program by January 1, 1994.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.