Current through Register Vol. 43, No. 39, September 26, 2024
(a) Each center
shall have a governing board empowered to perform the following:
(1) Adopt bylaws and establish policies and
procedures for the center;
(2) set
goals and adopt necessary plans and a budget for the center; and
(3) exercise general supervisory authority
over the center, including having the authority to hire, evaluate, and fire the
executive director of the center, appointed in compliance with K.A.R. 30-60-40.
(b) If, pursuant to
K.S.A.
19-4002a or
19-4002b, and amendments thereto,
the board of county commissioners acts as the governing board for their center,
then the advisory board, pursuant to
K.S.A.
19-4002a or
19-4002b, and amendments thereto,
shall be empowered to make recommendations to the board of county commissioners
concerning the same matters as those listed in subsection (a).
(c) The membership of the governing or
advisory board shall meet the following criteria:
(1) Consist of no fewer than seven members;
(2) include among them at least
one member who is currently being treated for or who has in the past
experienced a severe and persistent mental illness. In addition, a second
member shall be included who is a member of a family that has a child or
adolescent who is currently being treated for or who has in the past
experienced a severe emotional disability or disorder;
(3) to the extent possible, and over time and
in rotation, both be representative of the various communities within the
center's service area, and include representatives from the following groups
within the community:
(A) Public health
agencies;
(B) medical
professionals;
(C) legal
professionals and district court judges;
(D) public assistance agencies;
(E) hospitals and clinics, including any
psychiatric treatment facilities;
(F) mental health organizations;
(G) educational agencies;
(H) rehabilitation services agencies;
(I) labor and business
organizations;
(J) civic groups
and organizations;
(K)
consumer-run organizations and advocacy groups; and
(L) the general public.
(d) The governing or advisory
board shall meet at least quarterly, and comprehensive minutes of all meetings
of the board shall be kept.
(e)
Each center's bylaws and its other policies and procedures shall meet the
following criteria:
(1) Provide for the
governance of the board, the terms of office of its members, and the election
of their successors;
(2) clearly
set out and differentiate the responsibilities, authorities, and roles of the
following:
(A) The governing or advisory
board;
(B) the executive director;
and
(C) other staff of the center;
and
(3) establish how
the center shall operate.
(f) If a center is operated as a governmental
agency or is operated as a department of a hospital, the bylaws shall include
provisions establishing and delineating the lines of authority between the
superior governmental authority or the hospital's ownership and the governing
or advisory board of the center.
(g) If the center is organized as a private,
nonprofit corporation, it shall meet the following criteria:
(1) Be incorporated pursuant to Kansas
statutes;
(2) be duly registered
with the secretary of state and the register of deeds for the county in which
the principal office of the center is located;
(3) pursuant to
K.S.A.
19-4007 and amendments thereto, file its
written contract for providing mental health services to the residents of that
county or counties with the board or boards of county commissioners of the
county or counties it serves; and
(4) adopt bylaws, which shall include the
following:
(A) A delineation of the powers
and duties retained by the corporation's board, its officers, and any
committees;
(B) a delineation of
the authority and responsibilities delegated to the corporation's employed
staff;
(C) the criteria for
membership in the corporation, the types of membership that there are, the
manner in which the members are elected or appointed, the length of term of
membership, and the method of filling vacancies in the membership;
(D) the frequency of corporation meetings and
quorum requirements;
(E) the
objectives of the corporation; and
(F) other items that may be appropriate or
necessary to demonstrate how the corporation is organized, operates, and
selects its officers.
