PRINTER'S NO. 349
No. 339 Session of 1997
INTRODUCED BY TILGHMAN AND SALVATORE, FEBRUARY 5, 1997
REFERRED TO STATE GOVERNMENT, FEBRUARY 5, 1997
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing for the
21 establishment, the operation and the powers and duties of the
22 Department of Mental Health and Mental Retardation;
23 transferring certain powers and duties of the Department of
24 Public Welfare; making repeals; and making editorial changes.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Section 201 of the act of April 9, 1929 (P.L.177,
28 No.175), known as The Administrative Code of 1929, amended
1 December 30, 1984 (P.L.1299, No.245) and repealed in part May
2 26, 1988 (P.L.414, No.72), is amended to read:
3 Section 201. Executive Officers, Administrative Departments
4 and Independent Administrative Boards and Commissions.--(a) The
5 executive and administrative work of this Commonwealth shall be
6 performed by the Executive Department, consisting of the
7 Governor, Lieutenant Governor, Secretary of the Commonwealth,
8 Attorney General, Auditor General, State Treasurer, and
9 Secretary of Education; by the Executive Board, and the
10 Pennsylvania State Police; by the following administrative
11 departments: Department of State, Office of Attorney General,
12 Department of Corrections, Department of the Auditor General,
13 Treasury Department, Department of Education, Department of
14 Military Affairs, Insurance Department, Department of Banking,
15 Department of Agriculture, Department of Transportation,
16 Department of Health, Department of Labor and Industry,
17 Department of Aging, Department of Public Welfare, Department of
18 Mental Health and Mental Retardation, Department of General
19 Services, Department of Revenue, Department of [Commerce,
20 Department of Community Affairs] Community and Economic
21 Development and Department of Environmental [Resources]
22 Protection; and by the following independent administrative
23 boards and commissions: Pennsylvania Game Commission,
24 Pennsylvania Fish and Boat Commission, State Civil Service
25 Commission, Pennsylvania Public Utility Commission, the
26 Pennsylvania Historical and Museum Commission and the
27 Pennsylvania Securities Commission.
28 (b) All of the provisions of this act, which apply generally
29 to administrative departments, or generally except to the
30 Department of the Auditor General, the Treasury Department and
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1 the Office of Attorney General, shall apply to the Executive
2 Board and to the Pennsylvania State Police.
3 Section 2. As much as relates to the Department of Public
4 Welfare in section 202 of the act, amended July 9, 1986
5 (P.L.547, No.97), is amended and the section is amended by
6 adding, before the last paragraph, a clause to read:
7 Section 202. Departmental Administrative Boards,
8 Commissions, and Offices.--The following boards, commissions,
9 and offices are hereby placed and made departmental
10 administrative boards, commissions, or offices, as the case may
11 be, in the respective administrative departments mentioned in
12 the preceding section, as follows:
13 * * *
14 In the Department of Public Welfare,
15 Board of Trustees of The Western Youth Development
16 Centers,
17 Board of Trustees of The Central Youth Development
18 Centers,
19 Board of Trustees of The Eastern Youth Development
20 Centers,
21 [Board of Trustees of Allentown State Hospital,
22 Board of Trustees of Clarks Summit State Hospital,
23 Board of Trustees of Danville State Hospital,
24 Board of Trustees of Embreeville Center,
25 Board of Trustees of Farview State Hospital,
26 Board of Trustees of Harrisburg State Hospital,
27 Board of Trustees of Mayview State Hospital,
28 Board of Trustees of Norristown State Hospital,
29 Board of Trustees of Philadelphia State Hospital,
30 Board of Trustees of Somerset State Hospital,
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1 Board of Trustees of Warren State Hospital,
2 Board of Trustees of Wernersville State Hospital,
3 Board of Trustees of Woodville State Hospital,
4 Board of Trustees of Torrance State Hospital,
5 Board of Trustees of Haverford State Hospital,]
6 Board of Trustees of Ashland State General Hospital,
7 Board of Trustees of Coaldale State General Hospital,
8 Board of Trustees of Nanticoke State General Hospital,
9 Board of Trustees of Philipsburg State General Hospital,
10 Board of Trustees of Scranton State General Hospital,
11 Board of Trustees of Shamokin State General Hospital[,].
12 [Board of Trustees of Ebensburg Center,
13 Board of Trustees of Eastern State School and Hospital,
14 Board of Trustees of Laurelton Center,
15 Board of Trustees of Pennhurst Center,
16 Board of Trustees of Polk Center,
17 Board of Trustees of Selinsgrove Center,
18 Board of Trustees of Hamburg Center,
19 Board of Trustees of Western Center,
20 Board of Trustees of White Haven Center,
21 Board of Trustees of Woodhaven Center,
22 Board of Trustees of South Mountain Restoration Center.]
23 * * *
24 In the Department of Mental Health and Mental Retardation,
25 Board of Trustees of Allentown State Hospital,
26 Board of Trustees of Clarks Summit State Hospital,
27 Board of Trustees of Danville State Hospital,
28 Board of Trustees of Embreeville Center,
29 Board of Trustees of Farview State Hospital,
30 Board of Trustees of Harrisburg State Hospital,
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1 Board of Trustees of Mayview State Hospital,
2 Board of Trustees of Norristown State Hospital,
3 Board of Trustees of Philadelphia State Hospital,
4 Board of Trustees of Somerset State Hospital,
5 Board of Trustees of Warren State Hospital,
6 Board of Trustees of Wernersville State Hospital,
7 Board of Trustees of Woodville State Hospital,
8 Board of Trustees of Torrance State Hospital,
9 Board of Trustees of Haverford State Hospital,
10 Board of Trustees of Altoona Center,
11 Board of Trustees of Ebensburg Center,
12 Board of Trustees of Eastern State School and Hospital,
13 Board of Trustees of Laurelton Center,
14 Board of Trustees of Polk Center,
15 Board of Trustees of Selinsgrove Center,
16 Board of Trustees of Hamburg Center,
17 Board of Trustees of Western Center,
18 Board of Trustees of White Haven Center,
19 Board of Trustees of Woodhaven Center,
20 Board of Trustees of South Mountain Restoration Center.
21 All of the foregoing departmental administrative boards and
22 commissions shall be organized or reorganized as provided in
23 this act.
24 Section 3. Section 203 of the act, amended December 3, 1970
25 (P.L.834, No.275), July 22, 1975 (P.L.75, No.45), June 20, 1978
26 (P.L.477, No.70), December 6, 1982 (P.L.774, No.223) and June
27 30, 1988 (P.L.475, No.80) and repealed in part April 29, 1988
28 (P.L.381, No.60) and July 2, 1993 (P.L.439, No.64), is amended
29 to read:
30 Section 203. Advisory Boards and Commissions.--The following
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1 advisory boards and commissions are placed in and made parts of
2 the respective administrative departments, as follows:
3 In the Department of Military Affairs,
4 State Military Reservation Commission;
5 In the Department of Environmental [Resources] Protection,
6 Citizens Advisory Council;
7 In the Department of Health,
8 Advisory Health Board;
9 In the Department of Labor and Industry,
10 Advisory Council on Affairs of the Handicapped,
11 Advisory Board on Problems of Older Workers,
12 Policy, Planning and Evaluation Advisory Committee;
13 In the Department of Public Welfare,
14 State Board of Public Welfare,
15 Advisory Committee for the Blind,
16 Advisory Committee for General and Special Hospitals,
17 Advisory Committee for Children and Youth,
18 Advisory Committee for Public Assistance[,
19 Advisory Committee for Mental Health and Mental
20 Retardation.];
21 In the Department of Mental Health and Mental Retardation,
22 Advisory Committee for Mental Health and Mental
23 Retardation.
24 Section 4. Sections 206 and 207.1(d)(1) of the act, amended
25 December 30, 1984 (P.L.1299, No.245), are amended to read:
26 Section 206. Department Heads.--Each administrative
27 department shall have as its head an officer who shall, either
28 personally, by deputy, or by the duly authorized agent or
29 employe of the department, and subject at all times to the
30 provisions of this act, exercise the powers and perform the
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1 duties by law vested in and imposed upon the department.
2 The following officers shall be the heads of the
3 administrative departments following their respective titles:
4 Secretary of the Commonwealth, of the Department of State;
5 Auditor General, of the Department of the Auditor General;
6 State Treasurer, of the Treasury Department;
7 Attorney General, of the Office of Attorney General;
8 Secretary of Education, of the Department of Education;
9 Adjutant General, of the Department of Military Affairs;
10 Insurance Commissioner, of the Insurance Department;
11 Secretary of Banking, of the Department of Banking;
12 Secretary of Agriculture, of the Department of Agriculture;
13 Secretary of Transportation, of the Department of
14 Transportation;
15 Secretary of Health, of the Department of Health;
16 Secretary of Labor and Industry, of the Department of Labor
17 and Industry;
18 Secretary of Aging, of the Department of Aging;
19 Secretary of Public Welfare, of the Department of Public
20 Welfare;
21 Secretary of Mental Health and Mental Retardation, of the
22 Department of Mental Health and Mental Retardation;
23 Secretary of Revenue, of the Department of Revenue;
24 [Secretary of Commerce, of the Department of Commerce;
25 Secretary of Community Affairs, of the Department of
26 Community Affairs;]
27 Secretary of Community and Economic Development, of the
28 Department of Community and Economic Development;
29 Secretary of Environmental [Resources] Protection, of the
30 Department of Environmental [Resources] Protection;
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1 Secretary of General Services, of the Department of General
2 Services;
3 Secretary of Corrections, of the Department of Corrections.
4 Section 207.1. Gubernatorial Appointments.--* * *
5 (d) The Governor shall nominate in accordance with the
6 provisions of the Constitution of the Commonwealth of
7 Pennsylvania and, by and with the advice and consent of a
8 majority of the members elected to the Senate appoint persons to
9 fill the following positions:
10 (1) The Secretary of Education, the Secretary of the
11 Commonwealth, the Adjutant General, the Insurance Commissioner,
12 the Secretary of Banking, the Secretary of Agriculture, the
13 Secretary of Transportation, the Secretary of Health, the
14 Commissioner of the State Police, the Secretary of Corrections,
15 the Secretary of Labor and Industry, the Secretary of Aging, the
16 Secretary of Public Welfare, the Secretary of Mental Health and
17 Mental Retardation, the Secretary of General Services, the
18 Secretary of Revenue, the Secretary of [Commerce, the Secretary
19 of Community Affairs] Community and Economic Development and the
20 Secretary of Environmental [Resources] Protection.
21 * * *
22 Section 5. Section 448(l) of the act, amended July 9, 1970
23 (P.L.470, No.161) and June 20, 1978 (P.L.477, No.70), is amended
24 and the section is amended by adding a clause to read:
25 Section 448. Advisory Boards and Commissions.--The advisory
26 boards and commissions, within the several administrative
27 departments, shall be constituted as follows:
28 * * *
29 (l) The following advisory committees are hereby created:
30 Advisory Committee for the Blind,
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1 Advisory Committee for General and Special Hospitals,
2 Advisory Committee for Children and Youth,
3 Advisory Committee for Public Assistance[,
4 Advisory Committee for Mental Health and Mental Retardation].
5 Each advisory committee shall consist of the Commissioner in
6 the Department of Public Welfare, directing the program to which
7 the advisory committee is attached, as an ex officio member, and
8 not less than three (3) nor more than nine (9) members appointed
9 by the Governor. [In the case of the Advisory Committee for
10 Mental Health and Mental Retardation, the committee shall
11 include the Chairman of the Public Health and Welfare Committee
12 of the Senate, the Chairman of the Health and Welfare Committee
13 of the House of Representatives and the President of the
14 Pennsylvania State Association of County Commissioners or his
15 alternate.] The exact number of members of each advisory
16 committee shall be determined by the Governor upon
17 recommendation of the State Board of Public Welfare. The
18 qualifications of the members of each advisory committee shall
19 also be determined by the Governor upon recommendation of the
20 State Board of Public Welfare: Provided, That with respect to
21 each advisory committee, the Governor shall appoint members with
22 due regard for representation of the professional and lay groups
23 concerned with the fields of interest served by the program to
24 which each advisory committee is attached. The term of office of
25 each member of each advisory committee, except as herein
26 otherwise provided, shall be six (6) years.
27 The original appointment of the members of the advisory
28 committee shall be for overlapping terms of six (6), four (4)
29 and two (2) years. In making these original appointments, the
30 Governor shall, in so far as possible, appoint approximately
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1 one-third (1/3) of the recommended complement of each advisory
2 board to each of the overlapping terms.
3 A majority of the members of each advisory committee shall
4 constitute a quorum. Each advisory committee shall elect a
5 chairman from among its members. Each advisory committee shall
6 meet at least four (4) times a year. Special meetings of each
7 advisory committee shall be held on call of the chairman, and it
8 shall be the duty of the chairman to call a special meeting upon
9 the written request of one-third (1/3) or more of the members
10 not including vacancies of the advisory committee.
11 The provisions of clause (k) of this section with respect to
12 filling of vacancies, removal of members, length of service,
13 political party office and compensation shall be applicable to
14 advisory committee members, and are incorporated herein by
15 reference.
16 (l.1) The following advisory committee is hereby created:
17 Advisory Committee for Mental Health and Mental Retardation.
18 The advisory committee shall consist of the deputy secretary
19 in the Department of Mental Health and Mental Retardation,
20 directing the program to which the advisory committee is
21 attached, as an ex officio member, and not less than three (3)
22 nor more than nine (9) members appointed by the Governor. The
23 advisory committee shall include the Chairman of the Public
24 Health and Welfare Committee of the Senate, the Chairman of the
25 Health and Welfare Committee of the House of Representatives and
26 the President of the Pennsylvania State Association of County
27 Commissioners or his alternate. The exact number of members of
28 the advisory committee shall be determined by the Governor upon
29 recommendation of the secretary. The qualifications of the
30 members of the advisory committee shall also be determined by
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1 the Governor upon recommendation of the secretary. The Governor
2 shall appoint members with due regard for representation of the
3 professional and lay groups concerned with the fields of
4 interest served by the program to which the advisory committee
5 is attached. The term of office of each member of the advisory
6 committee, except as herein otherwise provided, shall be six (6)
7 years.
8 The original appointment of the members of the advisory
9 committee shall be for overlapping terms of six (6), four (4)
10 and two (2) years. In making these original appointments, the
11 Governor shall, in so far as possible, appoint approximately
12 one-third (1/3) of the recommended complement of the advisory
13 board to each of the overlapping terms.
14 A majority of the members of the advisory committee shall
15 constitute a quorum. The advisory committee shall elect a
16 chairman from among its members. The advisory committee shall
17 meet at least four (4) times a year. Special meetings of the
18 advisory committee shall be held on call of the chairman, and it
19 shall be the duty of the chairman to call a special meeting upon
20 the written request of one-third (1/3) or more of the members,
21 not including vacancies of the advisory committee.
22 The provisions of clause (k) of this section with respect to
23 filling of vacancies, removal of members, length of service,
24 political party office and compensation shall be applicable to
25 advisory committee members, and are incorporated herein by
26 reference.
27 * * *
28 Section 6. Section 2313 of the act is repealed.
29 Section 7. The act is amended by adding an article to read:
30 ARTICLE XXIII-A
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1 DEPARTMENT OF MENTAL HEALTH
2 AND
3 MENTAL RETARDATION
4 Section 2301-A. Objectives.--The objectives of this article
5 are:
6 (1) to establish a cabinet-level State agency whose
7 jurisdiction, powers and duties specifically concern and are
8 directed to advancing the health, treatment and well-being of
9 the citizens of this Commonwealth who are afflicted with mental
10 health or mental retardation problems;
11 (2) to further promote the efficient delivery of certain
12 social and other services to citizens of this Commonwealth who
13 are afflicted with mental health or mental retardation problems;
14 and
15 (3) to promote programs and related activities which give
16 assistance to persons afflicted with mental health or mental
17 retardation problems to maintain lives of independence and
18 dignity in their communities.
19 Section 2302-A. Powers and Duties in General.--The
20 Department of Mental Health and Mental Retardation, hereinafter
21 referred to in this article as the department, shall, subject to
22 any inconsistent provisions in this act contained, have the
23 power and its duty shall be to:
24 (1) establish guidelines, standards and accountability for
25 an integrated and comprehensive mental health system that shall
26 be available in every county, and which shall include both
27 community support and mental health treatment services;
28 (2) establish standards for grievance procedures and a
29 hearing process for persons using mental health services and
30 make known these procedures and powers to such persons, their
19970S0339B0349 - 12 -
1 families and their advocates;
2 (3) evaluate the effectiveness of the system and its
3 components based on measureable data, including consumer
4 satisfaction and cost effectiveness;
5 (4) assure within this Commonwealth the availability and
6 equitable provision of adequate mental health and mental
7 retardation services for all persons who need them, regardless
8 of religion, race, color, national origin, settlement, residence
9 or economic or social status;
10 (5) make, with the advice of the Advisory Committee for
11 Mental Health and Mental Retardation, and enforce all
12 regulations necessary and appropriate to the proper
13 accomplishment of the mental health and mental retardation
14 duties and functions imposed by this article. The regulations
15 shall not become effective until the department shall have given
16 the local authorities thirty (30) days' written notice of the
17 proposed regulations and afforded the local authorities the
18 opportunity for a hearing before the department on the proposed
19 regulations;
20 (6) consult with and assist each county in carrying out
21 mental health and mental retardation duties and functions and,
22 where necessary, after thirty (30) days' written notice to the
23 counties affected and an opportunity for such counties for a
24 hearing before the department and with the advice of the
25 Advisory Committee for Mental Health and Mental Retardation,
26 require two or more counties to join in establishing a program
27 to provide the services required by this article;
28 (7) adopt Statewide plans for the operation of all State-
29 operated facilities under the jurisdiction of the department and
30 assign to each facility or portion thereof the duties for the
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1 care of the mentally disabled as the department shall prescribe.
2 The assignments shall be made with due regard to geographical
3 location and population distribution;
4 (8) establish and maintain working relationships with other
5 governmental bodies and public and private agencies,
6 institutions and organizations, including family and consumer
7 groups, so as to assure maximum utilization of services and
8 facilities which each governmental body and public and private
9 agency, institution and organization may have, which may be of
10 benefit to the mentally disabled;
11 (9) establish Statewide training standards for all personnel
12 involved in the delivery of mental health services including
13 police, emergency service workers, ambulance personnel, State
14 and community hospital personnel, service providers, families
15 and consumers and provide training for those personnel;
16 (10) make grants, pay subsidies, purchase service and
17 provide reimbursement for mental health and mental retardation
18 services in accordance with this article;
19 (11) supervise mental health and mental retardation
20 facilities, services and programs as provided by law;
21 (12) operate all State facilities and assign functions to
22 each facility. State facilities shall provide inpatient services
23 designed to complement the services of the counties they serve
24 in such manner as to ensure a coordinated, comprehensive array
25 of services providing continuity of care to all residents of
26 such counties. All facilities shall meet the conditions for
27 participation under medicare, the accreditation standards of the
28 joint commission on accreditation of hospitals and the
29 Commonwealth's standards for licensure of private facilities of
30 a similar nature;
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1 (13) establish, extend, operate and maintain additional
2 facilities and provide mental health and mental retardation
3 services therein. The department may also lease or otherwise
4 acquire, through the Department of General Services, other
5 additional facilities;
6 (14) administer and enforce the laws of this Commonwealth
7 relative to mental health, the care, prevention, early
8 recognition and treatment of mental illness, mental retardation,
9 epilepsy and inebriety, the licensing and regulation of
10 institutions for the mentally ill, mentally retarded and
11 epileptic, the admission and commitment of patients to such
12 institutions, and the transfer, discharge, escape, interstate
13 rendition and deportation of such patients;
14 (15) approve or disapprove the advice and recommendations of
15 the several boards of trustees of State mental institutions;
16 (16) encourage the development of family and consumer self-
17 help groups and consumer-run alternative programs;
18 (17) serve as the compact administrator and perform all the
19 duties imposed by the Interstate Compact on Mental Health;
20 (18) assure the provision and funding of external advocacy
21 services for patients at all State mental hospitals and State
22 centers;
23 (19) coordinate with national and local groups in combating
24 stigma about mental illness;
25 (20) perform all powers and duties vested in the Department
26 of Public Welfare pursuant to the act of October 20, 1966 (3rd
27 Sp.Sess., P.L.96, No.6), known as the "Mental Health and Mental
28 Retardation Act of 1966" and the act of July 9, 1976 (P.L.817,
29 No.143), known as the "Mental Health Procedures Act"; and
30 (21) promulgate all rules and regulations necessary to
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1 implement this article.
2 Section 2303-A. Commissioner of Mental Health.--(a) The
3 Secretary of Mental Health and Mental Retardation shall appoint,
4 with the approval of the Governor, a deputy secretary who shall
5 have the title of Commissioner of Mental Health and who shall
6 have training and experience in the field of mental health, as
7 well as broad administrative experience. The minimum
8 requirements for the position of commissioner shall be a
9 Master's Degree and seven years' progressively responsible
10 experience in a relevant field such as medicine, clinical
11 psychology, social work, sociology, nursing, public health,
12 education, hospital administration or public administration with
13 at least five years' experience in the planning, development or
14 administration of mental health services.
15 (b) The commissioner, with the approval of the secretary,
16 shall develop plans and programs and make recommendations with
17 respect to the general policy of the Commonwealth's mental
18 health program. The commissioner shall initiate, develop and,
19 with the approval of the secretary, carry into effect plans and
20 programs designed to prevent, treat and cure the mentally ill.
21 The commissioner shall recommend to the secretary such
22 professional and skilled personnel as may be necessary to carry
23 out the plans and programs of the department in the field of
24 mental health. He shall organize and institute intensive and
25 specialized training of mental health personnel in order to
26 qualify them for dealing with special problems presented by the
27 criminal population and shall establish, operate and maintain,
28 in the larger district offices of the Pennsylvania Board of
29 Probation and Parole, units to provide psychological and
30 psychiatric services to the board. Trained personnel who
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1 specialize in psychiatry or psychology shall be assigned to the
2 units. The commissioner shall recommend to the secretary the
3 appointment of the superintendents of State mental institutions
4 who in turn shall assign, appoint and dismiss personnel of the
5 institutions.
6 (c) If the commissioner is not a psychiatrist, the
7 commissioner shall appoint as Deputy Commissioner for Clinical
8 Services a psychiatrist with at least five years' progressively
9 responsible experience in the mental health field, including two
10 years' experience in the planning, development or administration
11 of mental health services, with sufficient training and
12 experience to be eligible for certification by the American
13 Board of Psychiatry.
14 Section 2304-A. Boards of Trustees; Powers and Duties.--(a)
15 The powers and duties of the boards of trustees of each State
16 institution within the department caring for the mentally ill,
17 mentally retarded and mentally deficient, shall be limited to
18 the powers and duties provided for in this section. The
19 following are the powers and duties:
20 (1) to advise, assist and make recommendations to the
21 superintendent with respect to the management and operation of
22 the institution and with respect to any plans or programs for
23 its improvement;
24 (2) to keep under review all matters pertaining to the
25 welfare and well-being of patients and to make recommendations
26 to the superintendent with respect thereto;
27 (3) to advise and make recommendations to the Secretary of
28 Mental Health and Mental Retardation with regard to the
29 selection and appointment of a superintendent in case of a
30 vacancy;
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1 (4) to advise and make recommendations to the superintendent
2 with regard to his selection of employes of the institution;
3 (5) to develop and further means and methods of establishing
4 proper relations and understanding between the institution (and
5 its program) and the community in which it is located and to
6 provide liaison between the institution and the community in
7 order to better serve the interests and needs of both; and
8 (6) to make recommendations to the Advisory Committee for
9 Mental Health and Mental Retardation on matters of policy and
10 program emerging from their intimate knowledge and experience of
11 mental health programs in operation.
12 (b) The provisions of this section shall be applicable to
13 the boards of trustees in all of the State mental institutions,
14 geriatric centers and youth development centers within the
15 department caring for mentally ill, mentally retarded and
16 mentally deficient.
17 Section 2305-A. Powers and Duties of Advisory Committee.--
18 The Advisory Committee for Mental Health and Mental Retardation
19 shall have the power and its duty shall be:
20 (a) To advise the appropriate major program unit of the
21 Department of Mental Health and Mental Retardation. This advice
22 shall include, but shall not be limited to, such matters as
23 standards of eligibility, nature and extent of service, amounts
24 of payments to individuals, standards of approval, certification
25 and licensure of institutions and agencies, ways and means of
26 coordinating public and private activities, and such other
27 matters as may, by law, require citizen review or may be
28 referred to the committees by the departmental units advised by
29 it.
30 (b) To arrange for and conduct such public hearings as may
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1 be required by law or which the committee may deem necessary and
2 advisable.
3 (c) To promote better public understanding of the programs
4 and objectives of the departmental units advised by the
5 committee.
6 (d) To advise the Governor and the secretary with regard to
7 the appointment of the Commissioner of Mental Health.
8 (e) To advise the department with regard to the
9 establishment of minimum standards for a merit system of
10 employment to be used by local authorities under section 301(c)
11 of the act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6),
12 known as the "Mental Health and Mental Retardation Act of 1966."
13 Section 2306-A. Agreements Authorized.--The department,
14 subject to the approval of the Attorney General, is hereby
15 authorized to enter into reciprocal agreements with
16 corresponding state agencies of other states regarding the
17 interstate transportation or transfer of persons with mental
18 illness and to arrange with the proper officials in this State
19 for the acceptance, transfer and support of persons who are
20 residents of this State but who are temporarily detained or who
21 are receiving psychiatric or mental care in public institutions
22 of other states in accordance with the terms of such agreements.
23 Section 8. All personnel, allocations, appropriations,
24 equipment, files, records, contracts, agreements, obligations
25 and other materials which are used, employed or expended in
26 connection with the powers, duties or functions transferred by
27 this act to the Department of Mental Health and Mental
28 Retardation are hereby transferred to the Department of Mental
29 Health and Mental Retardation with the same force and effect as
30 if the allocations and appropriations had been made to and said
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1 personnel and property had been the personnel and property of
2 the department in the first instance and if the contracts,
3 agreements and obligations had been incurred or entered into by
4 the department.
5 Section 9. The presently confirmed members of the Advisory
6 Committee for Mental Health and Mental Retardation shall
7 continue to serve as members of the committee until new members
8 are appointed and qualified.
9 Section 10. Each rule, regulation, contract or lease of the
10 Department of Public Welfare which affects the areas of mental
11 health or mental retardation in effect on the effective date of
12 this act shall continue in effect until amended or repealed by
13 the Department of Mental Health and Mental Retardation.
14 Section 11. Sections 317(a), 1131, 1141, 1142, 1143, 1144,
15 1145, 1146, 1147 and 1148 of the act of June 13, 1967 (P.L.31,
16 No.21), known as the Public Welfare Code, are repealed insofar
17 as they are inconsistent with this act.
18 Section 12. This act shall take effect in 120 days.
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