§ 40.1-5.4-4 - Powers and duties of director of mental health, retardation and hospitals.

SECTION 40.1-5.4-4

   § 40.1-5.4-4  Powers and duties of directorof mental health, retardation and hospitals. – The director of mental health, retardation, and hospitals shall, subject toavailable appropriations, have the following powers and duties:

   (1) To be responsible for planning and developing a complete,comprehensive and integrated statewide system of mental health services;provided that the department's highest priorities shall be to provide servicesto residents with serious mental illness, early and ongoing treatment andsupport for serious mental illness and research into the causes and treatmentof serious mental illness in the development of the system, the departmentshall consult with all facilities and agencies, both public and private,concerned with the mental health of the residents of Rhode Island;

   (2) To implement the system in cooperation with providers ofmental health services;

   (3) To coordinate the efforts of the department of mentalhealth, retardation, and hospitals with those of other state departments andagencies, municipal governments as well as the federal government and privateagencies concerned with and providing services for persons with serious mentalillness;

   (4) To be responsible for the administration of stateoperated facilities established for the diagnosis, care and rehabilitation ofadults with serious mental illness and to ensure that there are adequate statefacilities to provide these services;

   (5) To have general supervision of all private facilities asthat term is defined in § 40.1-5-2(3) and to exercise the powers andduties provided for in § 40.1-5-1 et seq.;

   (6) To establish standards in conformance with generallyaccepted professional practice and to provide technical assistance to all statesupported diagnostic facilities, rehabilitation centers, community residences,community mental health centers, and other facilities for the persons withserious mental illness licensed by the department pursuant to § 40.1-24-1et seq.;

   (7) To monitor and inspect to insure compliance with thestandards. Provided, however, that none of the foregoing shall be applicable toany of the facilities wholly within the control of any other department ofstate government;

   (8) To stimulate research by public and private agencies,institutions of higher learning, and hospitals, in the interest of theelimination and amelioration of serious mental illness, and care and treatmentof persons with serious mental illness;

   (9) To provide funding to the various community agencies andprivate nonprofit agencies, in amounts, which will enable adults with seriousmental illness to receive services appropriate to their individual's needs;

   (10) To take, hold and administer in trust for the state anygrant, devise, gift or bequest made either to the state or to the departmentfor the use of persons under its care or for the expenditure upon any workwhich the department is authorized to undertake;

   (11) To establish and maintain a comprehensive program ofcommunity mental health services, utilizing the community mental health centersand other community mental health agencies and to establish standards for thedevelopment of these community programs;

   (12) To exercise the powers and duties relating to communitymental health centers in accordance with § 40.1-8.5-1 et seq.;

   (13) To exercise the powers and duties relating to thelicensing of community mental health facilities in accordance with §40.1-24-1 et seq.;

   (14) To consult with and assist the governor's council onbehavioral health in accordance with the requirements of § 40.1-29;

   (15) To exercise the powers and duties relating to care andtreatment of forensic patients in accordance with § 40.1-5.3-1 et seq.;

   (16) To cooperate with the department of corrections, thecourts and local and state law enforcement authorities to ensure adequate, fairand humane treatment of persons with serious mental illness involved in thecriminal justice system.

   (17) To act in the capacity of "state mental healthauthority" as that term has meaning for a coordination of state mental healthplanning and policy, and as it also relates to requirements set forth inpertinent federal mental health laws and regulations.

   (18) To propose, review, and/or approve, as appropriate,proposals, policies, or plans involving insurance or managed care systems formental health services in Rhode Island or those aimed at improving the overallmental health of Rhode Island residents when the proposals, policies or plansrelate to the publicly administered integrated state mental health servicesystem.