H. B. 3021
(By Delegates Hatfield, Fleischauer, Perdue, Brown, C. Miller,
Hall, Marshall, D. Campbell, Butcher, Morgan and Border)
[Passed March 12, 2011; in effect ninety days from passage.]
AN ACT to
amend and reenact §16-42-3, §16-42-5 and §16-42-7 of the
Code of West Virginia, 1931, as amended, all relating to the
Comprehensive Behavioral Health Commission; adding two members
to the Commission; designating non-voting members; requiring
a chairperson be selected by the appointed commission members;
prohibiting a chairperson from serving more than two
consecutive years; changing the membership of the advisory
board; authorizing commission
and advisory board
continue to serve; requiring yearly reports to the Governor
and Legislature; and extending the commission three years.
Be it enacted by the Legislature of West Virginia:
That §16-42-3, §16-42-5 and §16-42-7 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
ARTICLE 42. COMPREHENSIVE BEHAVIORAL HEALTH COMMISSION.
§16-42-3. Comprehensive Behavioral Health Commission.
(a) Effective July 1, 2011, the Comprehensive Behavioral
Health Commission is reestablished to continue the study of the
current behavioral health system of care, including services to
adults and children, substance abuse and domestic violence when
those conditions have an effect upon or are impacted by the system.
(b) The commission consists of:
(1) A representative of the circuit and family court system,
appointed by the Chief Justice of the West Virginia Supreme Court
(2) A representative of the Commissioner of the Division of
(3) The Commissioner of the Bureau of Senior Services or a
(4) The Secretary of the Department of Health and Human
Resources or a designee, who is a nonvoting member;
(5) The Commissioner of the Bureau for Behavioral Health and
Health Facilities or a designee, who is a nonvoting member;
(6) The Commissioner of the Bureau for Children and Families
or a designee, who is a nonvoting member
(7) The Executive Director of the West Virginia Chapter of the
National Alliance on Mental Illness or a designee;
(8) The Chancellor for Higher Education or a designee, who is
a nonvoting member
(9) One physician with a specialty in psychiatry appointed by the Governor from a list provided by the West Virginia Medical
(10) One physician with a specialty in child psychiatry,
appointed by the Governor from a list of names provided by the West
Virginia Medical Association;
(11) One member of the Advisory Board, selected by the
, who shall serve as the vice chairperson of the
(12) One member of the House of Delegates, who is a nonvoting
member, appointed by the Speaker; and
(13) One member of the Senate, who is a nonvoting member,
appointed by the President.
(c) The commission shall meet at times and places as it finds
necessary and shall be staffed by the Bureau for Behavioral Health
and Health Facilities.
(d) The commission shall elect a chairperson from those who
are appointed. The chairperson's term shall be no longer than two
consecutive years whereupon the chairperson is to be replaced by a
vote of the membership.
(e) Effective July 1, 2011, the Comprehensive Behavioral
Advisory Board is reestablished to serve in a
consulting role to the Commission with the following members
appointed by the Governor:
(1) One member from a list provided by the West Virginia
Chapter of the National Association of Social Workers;
(2) One member from a list provided by the West Virginia
(3) One member who is a psychologist from a list provided by
the West Virginia Psychological Association;
(4) One citizen member from a list of two nominees from each
(5) One member who is an executive director of a federally
qualified health center in West Virginia
(6) One member who is the chief executive officer of a
comprehensive behavioral health center
(7) Two members who are the chairperson or the chief executive
officer of a
not-for-profit corporation with its principal
headquarters in West Virginia
, that provides residential or non-
care or treatment for children
(8) One member from a list provided by the Council of
(f) Those persons serving on the commission and the advisory
board on July 1, 2011, may continue serving on the reestablished
commission and advisory board and the person so designated as
chairperson of the commission shall remain as chairperson until an
election occurs as provided in this section.
(g) Each member of the commission and advisory board is
entitled to receive compensation and expense reimbursement for
attending official meetings or engaging in official duties not to
exceed the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative
Compensation Commission and authorized by law. A commission member
may not receive compensation for travel days that are not on the
same day as the official meeting or official duties.
The commission shall submit a report on its study, including
recommendations, to the Governor and the Legislature by January 1,
2012, and each January 1 thereafter.
§16-42-7. Termination of commission.
The commission and advisory board terminate on June 30, 2014.