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Public Act 92-0552
HB4170 Enrolled LRB9211305DJgc
AN ACT in relation to mental health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Community Mental Health Act is amended by
changing Section 3e as follows:
(405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
Sec. 3e. Board's powers and duties.
(1) Every community mental health board shall,
immediately after appointment, meet and organize, by the
election of one of its number as president and one as
secretary and such other officers as it may deem necessary.
It shall make rules and regulations concerning the rendition
or operation of services and facilities which it directs,
supervises or funds, not inconsistent with the provisions of
this Act or with the rules and regulations of the Department
of Human Services. It shall:
(a) Hold a meeting prior to July 1 of each year at
which officers shall be elected for the ensuing year
beginning July 1;
(b) Hold meetings at least quarterly;
(c) Hold special meetings upon a written request
signed by at least 2 members and filed with the
secretary;
(d) Review and evaluate community mental health
services and facilities, including services and
facilities for the treatment of alcoholism, drug
addiction, developmental disabilities and mental
retardation;
(e) Submit to the appointing officer, the members
of the governing body, the Department of Human Services,
and the Health Systems Agency a written plan for a
program of community mental health services and
facilities including programs for persons adjudicated
delinquent minors under the Juvenile Court Act or the
Juvenile Court Act of 1987 who are found to be persons
with mental illness, for persons with a developmental
disability and for the substance abuser. Such plan shall
be for the ensuing 12 month period. In addition, a plan
shall be developed for the ensuing 3 year period and such
plan shall be reviewed at the end of every 12 month
period and shall be modified as deemed advisable. The
basic components of such plans shall be consistent with
the regulations of the Department of Human Services.
(f) Within amounts appropriated therefor, execute
such programs and maintain such services and facilities
as may be authorized under such appropriations, including
amounts appropriated under bond issues, if any;
(g) The board shall cause the publication of its
annual budget and report within 60 days after the end of
the fiscal year in a newspaper published within the
jurisdiction of the board, or, if no newspaper is
published within the jurisdiction of the board, then one
published in the county, or, if no newspaper is published
in the county, then in a newspaper having general
circulation within the jurisdiction of the board. The
report shall show the condition of its trust of that
year, the sums of money received from all sources, giving
the name of any donor, how all monies have been expended
and for what purpose, and such other statistics and
program information in regard to the work of the board as
it may deem of general interest. A copy of the budget
and the annual report shall also be sent to the
Department of Human Services and to the regional Health
Systems Agency and to members of the General Assembly
whose districts include any part of the jurisdiction of
such board. The names of all employees, consultants, and
other personnel shall be set forth along with the amounts
of money received;
(h) Consult with other appropriate local private
and public agencies and the Department of Human Services
in the development of local plans for the most efficient
delivery of mental health, alcoholism and substance abuse
services. The Board is authorized to join and to
participate in the activities of associations organized
for the purpose of promoting more efficient and effective
services and programs;
(i) Review and comment on all applications for
grants by any person, corporation, or governmental unit
providing services within the geographical area of the
board which provides mental health facilities and
services, when such facilities and services are included
in the board's one-year and 3-year plans, including
services for the person with a developmental disability
and the substance abuser. Grant applicants shall send a
copy of their grant application to the board at the time
such application is submitted to the Department of Human
Services or to any other local, State or federal funding
source or governmental agency. Within 60 days of the
receipt of any application, the board shall submit its
review and comments to the Department of Human Services
or to any other appropriate local, State or federal
funding source or governmental agency. A copy of the
review and comments shall be submitted both to the grant
applicant and to the regional Health Systems Agency.
Within 60 days thereafter, the Department of Human
Services or any other appropriate local or State
governmental agency shall issue a written response to the
board, to the grant applicant and to the federal Health
Systems Agency. The Department of Human Services shall
supply any community mental health board such information
about purchase-of-care funds, State facility utilization,
and costs in its geographical area as the board may
request provided that the information requested is for
the purpose of the Community Mental Health Board
complying with the requirements of Section 3e, subsection
(e) of this Act;
(j) Perform such other acts as may be necessary or
proper to carry out the purposes of this Act, if not
inconsistent with the regulations of the Department of
Human Services.
(2) The community mental health board has the following
powers may:
(a) The board may enter into multiple-year
contracts for rendition or operation of services,
facilities and educational programs.;
(b) The board may arrange for the rendition of
services and operation of facilities by other agencies of
the governmental unit or county in which the governmental
unit is located with the approval of the governing body.;
(c) The board may employ such personnel, including
legal counsel, as may be necessary to carry out the
purposes of this Act and prescribe the duties of and
establish salaries and provide other compensation for
such personnel. The board may enter into multiple-year
employment contracts as may be necessary for the
recruitment and retention of personnel and the proper
functioning of the board.;
(d) The board may enter into multiple-year joint
agreements, which shall be written, with other contiguous
mental health boards and boards of health to provide
jointly agreed upon community mental health facilities
and services and to pool such funds as may be deemed
necessary and available for this purpose.
(e) The board may organize a not-for-profit
corporation for the purpose of providing direct recipient
services. Such corporations shall have, in addition to
all other lawful powers, the power to contract with
persons to furnish services for recipients of the
corporation's facilities, including psychiatrists and
other physicians licensed in this State to practice
medicine in all of its branches. Such physicians shall
be considered independent contractors, and liability for
any malpractice shall not extend to such corporation, nor
to the community mental health board, except for gross
negligence in entering into such a contract.
(f) The board shall not operate any direct
recipient services for more than a 2-year period when
such services are being provided in the governmental
unit, but shall encourage, by financial support, the
development of private agencies to deliver such needed
services, pursuant to regulations of the board.
(g) Where there are multiple boards within the same
planning area, as established by the Department of Human
Services, services may be purchased through a single
delivery system. In such areas, a coordinating body with
representation from each board shall be established to
carry out the service functions of this Act. In the event
any such coordinating body purchases or improves real
property, such body shall first obtain the approval of
the governing bodies of the governmental units in which
the coordinating body is located.
(h) The board may enter into multiple-year joint
agreements with other governmental units located within
the geographical area of the board. Such agreements
shall be written and shall provide for the rendition of
services by the board to the residents of such
governmental units. For this purpose, the board is
authorized to accept local tax funds and funds made
available to units of government through the Federal,
State and Local Fiscal Assistance Act of 1972.
(i) The board may enter into multiple-year joint
agreements with the Department of Human Services whereby
the board will provide certain services, the costs of
which shall be negotiated between the Department and the
board. This provision shall not be construed to limit
the authority of the board to contract with other
federal, State and local agencies. All such joint
agreements must provide for the exchange of relevant
data. However, nothing in this Act shall be construed to
permit the abridgement of the confidentiality of patient
records.;
(j) The board may receive gifts from private
sources for purposes not inconsistent with the provisions
of this Act.;
(k) The board may receive Federal, State and local
funds for purposes not inconsistent with the provisions
of this Act.;
(l) The board may establish scholarship programs.
Such programs shall require equivalent service or
reimbursement pursuant to regulations of the board.
(m) The board may sell, rent, or lease real
property for purposes consistent with this Act.
(n) The board may: (i) own real property, lease
real property as lessee, or acquire real property by
purchase, construction, lease-purchase agreement, or
otherwise; (ii) take title to the property in the board's
name; (iii) borrow money and issue debt instruments,
mortgages, purchase-money mortgages, and other security
instruments with respect to the property; and (iv)
maintain, repair, remodel, or improve the property. All
of these activities must be for purposes consistent with
this Act as may be reasonably necessary for the housing
and proper functioning of the board. The board may use
moneys in the Community Mental Health Fund for these
purposes. Within amounts appropriated by the governing
body for such purpose, own or purchase real property for
purposes consistent with this Act and borrow money not to
exceed the real value of the property.
(o) The board may organize a not-for-profit
corporation (i) for the purpose of raising money to be
distributed by the board for providing community mental
health services and facilities for the treatment of
alcoholism, drug addiction, developmental disabilities,
and mental retardation or (ii) for other purposes not
inconsistent with this Act.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 18, 2002.
Approved June 24, 2002.
Effective June 24, 2002.
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