Current through Register 1531, September 27, 2024
(1)
Authority and General Requirements.
(a)
Authority. The
Department is authorized by M.G.L. c. 19 to provide for and to cooperate with
citizen advisory boards at its facilities and at each geographic level of the
Department. 104 CMR 26.03, applies to the Mental Health Advisory Council, the
board of trustees for a state hospital, Area Boards, the Human Rights Advisory
Committee, Site Boards and such other citizen advisory boards as may be
established by the Commissioner.
(b)
Special State
Employees. Subject to the exception below, all appointed members
of the Department's citizen advisory boards, as well as all volunteers who may
serve on a regular or ad hoc committee or subcommittee of a
citizen advisory board, shall be special state employees and, as such, are
subject to the conflict of interest law, M.G.L. c. 268A. Nothing in M.G.L. c.
268A, § 7 shall prevent a person who has a financial interest, directly or
indirectly, in a contract made by the Department from serving as a member of a
citizen advisory board. Members of such committee shall disclose any such
financial interest by written notification to the Commissioner and the State
Ethics Commission.
(c)
Waiver. With respect to any person nominated for
appointment to a citizen advisory board, the qualification standards set forth
in 104 CMR 26.03 may be waived by the appointing authority for good cause,
except where such standards are otherwise required by law.
(d)
Application of Open Meeting
Law. The meetings of any board established under M.G.L c. 19 or
subject to 104 CMR 26.03 shall be subject to the provisions of M.G.L. c. 30A,
§§ 18 through 25 concerning the meetings of governmental
bodies.
(e)
General
Requirements. The following requirements apply to all citizen
advisory boards subject to 104 CMR 26.03.
1.
Membership requirements.
a. No member may be an employee of the
Department;
b. No more than one
third of the members may be employees of the state;
c. Members shall represent the entire
geographic area covered by the board;
d. Members shall receive orientation and
training upon their appointment; and
e. Members shall serve without compensation,
but each member shall be reimbursed by the state for all reasonable expenses
incurred in the performance of his or her duties;
2.
Terms of Office.
a. The term of office for citizen advisory
boards is three years;
b. In the
event of a vacancy in the membership of a citizen advisory board where the term
of a former member's appointment has not yet expired, the appointing authority
for that board may appoint a member who shall serve for the remainder of that
unexpired term or may appoint a member to serve a full three year
term;
c. No member shall be
appointed to serve more than two consecutive three year terms;
d. A person must wait for at least one year
after completing a second consecutive three year term before becoming eligible
for reappointment.
3.
Duties and Powers of Citizen Boards.
a. To educate the public regarding the needs
of individuals with mental illness and their families;
b. To receive and review regular reports
concerning the Department's programs and services;
c. To make recommendations to the
Commissioner or designee based on the review of regular reports;
d. To hold regular meetings as follows:
i. An Area Board shall hold at least four
regular meetings in each year, and convene special meetings on the call of the
board's president or ten members of the board, or by the Commissioner or
designee.
ii. All other Advisory
Boards shall hold at least three regular meeting in each year, and convene
special meetings on the call of the board's president or a majority of members
of the board.
iii. A special
meeting of any Advisory Board may be called by the Commissioner or designee;
provided that the Commissioner or designee may participate in all meetings but
may not vote.
e. To
appoint any permanent or ad hoc advisory committee that the
board deems necessary, or as specified in the bylaws. The term of office for
any member of such a committee shall be determined by the board, or as
specified in the bylaws;
f. To
elect from its members annually a president and such other officers as it deems
appropriate, or as required by law;
g. To enact bylaws for its proper
organization and procedures at meetings, provided that the bylaws and any
subsequent amendments must be submitted to the Commissioner or designee for
approval.
(2)
Community Mental Health Area
Boards. The Commissioner shall appoint in each Area, with the
advice of the Area Director, a Community Mental Health Area Board ("Area
Board"). In addition to the general requirements listed at 104 CMR 26.03(1)(e),
the membership requirements, terms of office, and duties and powers of each
Area Board shall be as follows:
(a)
Membership requirements.
1. The Area Board shall consist of no less
than 15 members appointed by the Commissioner. Two thirds of the members must
live within the Area and the remaining members must either live or work within
the Area;
2. The Area Board should
reflect the geographic and demographic diversity of the Area. When making
appointments, the Commissioner shall include, but not be limited to, persons
who are or have been recipients of mental health services, including
individuals between 18 and 25 years of age and adults 60 years of age or older;
persons who are family members or guardians of recipients of mental health
services, including family members or guardians of children younger than 19
years old currently receiving services; and persons representing racial and
cultural minorities;
3. The Area
Board shall include one representative from the board of trustees of each state
hospital located within the Area;
4. The Area Board shall include one
representative from each Site Board located within the
Area.
(b)
Appointment and Terms of Office.
1. The Commissioner shall appoint and may
remove Area Board members who shall be sworn to the faithful performance of
their duties.
2. Each Area Board,
in conjunction with the Area Director, shall suggest for consideration by the
Commissioner one or more names for each expiring term or vacancy.
(c)
Duties and Powers
of Area Boards.
1. To act as the
representative of the citizens of the Area;
2. To take cognizance of the unique needs of
the various sites within the Area;
3. To advise the Area Director regarding
local needs and resources in the development of comprehensive mental health
services in the Area and on matters of importance to the Area and the
Department;
4. In a manner
determined by the Commissioner, to consult in the recruitment and selection of
the Area Director to be appointed by the Commissioner;
5. To participate in the review of service
program development, annual goals and annual budgets for the comprehensive
mental health services of the Area;
6. To consult with the Commissioner or
designee in personnel recruitment and appointment policies and in the
establishment of program priorities for the Area;
7. To consult with the Commissioner or
designee on the admission policies for all facilities and services, and
policies regarding relationships with other agencies and
organizations;
8. To review
programs and services which are part of the program of the Area, including
those which are not conducted with state-operated facilities;
9. To receive and administer any gift or
bequest of personal property or funds in trust, or any grant or devise of lands
made to its use in trust in the interest of the Area program of mental health
services;
10. To communicate with
the statewide Mental Health Advisory Council regarding matters concerning the
Area.
(3)
Site Boards. The Area Director shall appoint for each
Site located within an Area, a Site Board. In addition to the general
requirements listed at 104 CMR 26.03(1)(e), the membership requirements, terms
of office, and duties and powers of each Site Board shall be as follows:
(a)
Membership
Requirements.
1. Two thirds of
the members must live within the geographic area served by the Site Board and
the remaining members shall either live or work within the geographic
area;
2. Membership of the Site
Board should reflect the geographic and demographic diversity of the area. When
making appointments, the Commissioner or designee shall include, but not be
limited to, persons who are or have been recipients of mental health services,
including individuals between 18 and 25 years of age and adults 60 years of age
or older; persons who are family members or guardians of recipients of mental
health services, including family members or guardians of children younger than
19 years old currently receiving services; and persons representing racial and
cultural minorities.
(b)
Appointment of Members.
1. The Area Director shall appoint and may
remove Site Board members.
2. Each
Site Board may suggest for consideration by the Area Director one or more names
for each expiring term or vacancy.
(c)
Duties and Powers of Site
Boards.
1. To act as the
representative of the citizens of the geographic area served by the Site
Board;
2. To collaborate with and
advise the Area Board and Area Director regarding local needs, resources, and
matters of concern in the geographic area served by the Site Board;
3. To participate in the review of the Area's
proposed annual budget;
4. To
participate in the development of programs for the geographic area served by
the Site Board;
5. To attend
regularly scheduled meetings with program provider representatives in order to
promote high quality programs and services.
(4)
Boards of Trustees for State
Hospitals. In addition to the general requirements listed at 104
CMR 26.03(1)(e), the membership requirements, terms of office, and duties and
powers of the State Hospital Boards of Trustees provided for by M.G.L. c. 19,
§ 8A, shall be as follows:
(a)
Membership Requirements.
1. Members shall be appointed or removed by
the Governor;
2. A majority of the
trustees shall be persons who are or have been recipients of mental health
services and their guardians or family members.
(b)
Duties and
Powers.
1. To visit and become
familiar with the state hospital. This duty requires board members to
personally visit, at least annually, all service delivery areas within the
state hospital;
2. To interact with
the Area Board in an effort to ensure coordination of the service delivery
system in the Area;
3. In a manner
determined by the Commissioner, to consult in the recruitment and selection of
the facility director to be appointed by the Commissioner;
4. To review and make recommendations
concerning the annual budget for the state hospital;
5. To review programs and services which are
a part of the program of the state hospital and oversee the development,
establishment and implementation of internal and external monitoring functions
within the state hospital, including any monitoring activities carried out by
interested citizens;
6. From time
to time, to make suggestions to the Department for improvements in the state
hospital, especially those that will make its administration more effective,
economical and humane.
(5)
Mental Health Advisory
Council. In addition to the general requirements listed at 104 CMR
26.03(1)(e), the membership requirements, terms of office, and duties and
powers of the Statewide Mental Health Advisory Council provided for by M.G.L.
c. 19, § 11, shall be as follows:
(a)
Membership Requirements.
1. The Mental Health Advisory Council shall
consist of 15 members appointed by the appointed or removed by the Secretary of
Health and Human Services with the approval of the Governor;
2. There must be at least one member from
each Area in the state;
3. Eight of
the members must be citizens who are members of the Department's Area Boards
across the state;
4. One member
shall be a professional in the field of children's mental health;
5. At least four of the remaining members
shall be appointed to represent one of the following professions and groups:
state level medical, psychological, nursing, educational, social work,
occupational therapy, or bar associations, associations for mental health,
industrial and labor groups, and the clergy;
6. Membership of the Mental Health Advisory
Council should reflect the geographic and demographic diversity of the state.
When making appointments, the Secretary shall include, but not be limited to,
persons who are or have been recipients of mental health services, including
individuals between 18 and 25 years of age and adults 60 years of age or older;
persons who are family members or guardians of recipients of mental health
services, including family members or guardians of children younger than 19
years old currently receiving services; and persons representing racial and
cultural minorities.
(b)
Duties and Powers.
1.
To advise the Commissioner on policy, program development, and priorities of
need in the Commonwealth for comprehensive programs in mental health;
2. To participate with the Department in
holding a regular series of public hearings throughout the state to obtain the
views of the Area Boards, and other citizens concerning the programs of the
Department and the needs for mental health services;
3. To make recommendations to the
Commissioner based on a review of the annual plan and the proposed annual
budget of the Department.
(6)
Human Rights Advisory
Committee. The Commissioner shall appoint a statewide Human Rights
Advisory Committee. In addition to the general requirements listed at 104 CMR
26.03(1)(e), the membership requirements, terms of office, and duties and
powers of the Human Rights Advisory Committee shall be as follows:
(a)
Membership
Requirements.
1. A majority of
the membership of the Committee shall be comprised of one or more of each of
the following: past or present recipients of mental health services or their
guardians; family members of such persons; representatives of advocacy
organizations; psychologists; psychiatrists; and mental health service
providers.
2. Membership of the
Human Rights Advisory Committee should reflect the geographic and demographic
diversity of the state. When making appointments, the Commissioner shall
include, but not be limited to, persons who are or have been recipients of
mental health services, including individuals between 18 and 25 years of age
and adults 60 years of age or older; persons who are family members or
guardians of recipients of mental health services, including family members or
guardians of children younger than 19 years old currently receiving services;
and persons representing racial and cultural minorities.
(b)
Appointment of
Members.
1. The Commissioner
shall appoint and may remove Committee members;
2. The Committee may suggest for
consideration by the Commissioner one or more names for each expiring term or
vacancy.
(c)
Duties and Powers.
1.
To advise the Commissioner or designee regarding the human and civil rights of
clients served by the Department;
2. To assist the Commissioner or designee in
identifying the human and civil rights implications of existing and proposed
Department policy and procedure;
3.
To assist the Commissioner or designee in reviewing human rights training
programs;
4. At the Commissioner's
request, to consult on the appointment of the Department's Director of Human
Rights.
(d)
Expectations and Limits of Advocacy. The Department,
being mindful of the state conflict of interest law, M.G.L. c. 268A, sets forth
and authorizes the following expectations and limits of advocacy by members of
the Committee. A committee member's official duties do not preclude
representation of or advocacy for any party, including the receipt of
compensation for such representation or advocacy, if the committee member acts
in accordance with 104 CMR 26.03.
1.
General Rule. The Department expects that persons
appointed to the Committee who are regularly advocates for the human rights of
Department clients (whether or not such advocates are "representatives of
advocacy organizations" as provided in 104 CMR 26.03(5)(a)1., whether they are
legal advocates or otherwise, and whether paid or unpaid - hereafter referred
to as "outside advocates") will bring to their participation on the Committee
the knowledge, views and spirit of that outside advocacy, so that the
Department may have the benefit of a diverse range of perspectives in order
better to protect and respect the human rights of its clients.
2.
Limitations on General
Rule. If the Committee addresses any matter which involves the
rights or obligations of a specific, known person receiving services from the
Department, any member of the Committee who is such an outside advocate and
who:
a. has participated or is participating
in the same matter as an outside advocate for any party to it, shall disclose
to the Committee the relevant facts as to such participation and shall have the
opportunity to present to the Committee any information or argument pertaining
to the matter, but may not thereafter participate in the deliberations or votes
of the Committee or in any advice provided to the Commissioner or other person
within the Department regarding the matter.
b. might thereafter participate in the same
matter as an outside advocate for any party to it, shall, before, or as soon
as, it is addressed by the Committee, recuse himself or herself so that he or
she does not learn any information regarding the matter not otherwise available
without membership on the Committee or otherwise participate in the
deliberations, votes or advice of the Committee. Any information about the
matter gained by reason of the member's presence shall be kept in confidence
and not disclosed to anyone outside the Committee. However, the member shall
have the opportunity to present to the Committee any information or argument on
any relevant general issue pertaining to the matter.