AL
Alabama Senate Bill SB135

Alabama 2024 Regular Session

Alabama Senate Bill SB135 Compare Versions

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55 By Senators Jones, Chesteen, Butler, Kelley, Stewart,
66 Coleman-Madison, Coleman, Barfoot
77 RFD: Veterans and Military Affairs
88 First Read: 20-Feb-24
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1616 First Read: 20-Feb-24
17-Enrolled, An Act,
17+A BILL
18+TO BE ENTITLED
19+AN ACT
1820 Relating to the Alabama Department of Mental Health; to
1921 add Chapter 58 of Title 22, Code of Alabama 1975; to require
2022 the Alabama Department of Mental Health to work
2123 collaboratively with the Alabama Department of Veterans
2224 Affairs to develop a comprehensive plan to address Alabama
2325 veterans' behavioral health needs and to provide funding of
2426 certain programs addressing specific behavioral health needs.
2527 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2628 Section 1. Chapter 58 is added to Title 22, Code of
2729 Alabama 1975, to read as follows:
2830 Chapter 58
2931 §22-58-1
3032 As used in this chapter, the following terms have the
3133 following meanings:
3234 (1) ADMH. The Alabama Department of Mental Health.
3335 (2) ADMH COMMISSIONER. The Commissioner of the Alabama
3436 Department of Mental Health.
3537 (3) ADVA. The Alabama Department of Veterans Affairs.
3638 (4) ADVA COMMISSIONER. The Commissioner of the Alabama
3739 Department of Veterans Affairs.
3840 (5) BEHAVIORAL HEALTH CARE. The prevention, diagnosis,
39-and treatment of mental health conditions, substance use
40-disorders, and behavioral health crisis.
41-(6) COMPREHENSIVE PLAN. The comprehensive plan
42-established pursuant to this chapter, as may be amended from
43-time to time, to address the behavioral health needs of
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70+(5) BEHAVIORAL HEALTH CARE. The prevention, diagnosis,
71+and treatment of mental health conditions, substance use
72+disorders, and behavioral health crisis.
73+(6) COMPREHENSIVE PLAN. The comprehensive plan
74+established pursuant to this chapter, as may be amended from
7375 time to time, to address the behavioral health needs of
7476 veterans as a supplement to services already offered in
7577 Alabama.
7678 (7) PTSD. Post traumatic stress disorder.
7779 (8) RECOVERY. A process of change through which
7880 individuals improve their health and wellness, live a
7981 self-directed life, and strive to reach their full potential.
8082 (9) TRAUMATIC BRAIN INJURY or TBI. An injury to the
8183 brain caused by a forceful bump, blast, or jolt to the head or
8284 body, or from an object that pierces the skull and enters the
8385 brain, which can be the result of external forces, including,
8486 but not limited to, assault or motor vehicle collisions.
8587 (10) VETERAN. Any current resident of the state who:
8688 a. Served in the active military, naval, air, or space
8789 forces of the United States who was discharged or released
8890 under conditions other than dishonorable;
8991 b. Is or was a member of the Army National Guard or Air
9092 National Guard who was discharged or released from service
9193 under conditions other than dishonorable; or
9294 c. Is or was a member of the reserve component of the
9395 Armed Forces who was discharged or released from service under
9496 conditions other than dishonorable.
9597 §22-58-2
9698 The Legislature finds the following:
97-(1) ADMH is the state's lead agency for this act, as
98-well as the expert in the following areas:
99-a. Knowledge and expertise in behavioral health care
100-services.
101-b. Certifications and implementation of the Certified
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128+The Legislature finds the following:
129+(1) ADMH is the state's lead agency for this act, as
130+well as the expert in the following areas:
131+a. Knowledge and expertise in behavioral health care
132+services.
131133 b. Certifications and implementation of the Certified
132134 Community Behavioral Health Clinic (CCBHC) model.
133135 c. State and national standards of behavioral health
134136 care, treatment, and services.
135137 d. Infrastructure and best practices needed to
136138 implement behavioral health care treatment, recovery, and
137139 prevention services.
138140 (2) ADVA is the state's expert in the following areas:
139141 a. Military experience and culture.
140142 b. Relationships and trust with Alabama veterans.
141143 c. Knowledge of veterans' state and federal benefits
142144 and resources.
143145 d. Types of support needed for veterans to reintegrate
144146 into civilian life.
145147 §22-58-3
146148 (a) The Veterans Mental Health Steering Committee is
147149 established. The purpose of the committee is to develop a
148150 comprehensive plan to address the behavioral health needs of
149151 Alabama veterans.
150152 (b) The committee shall include the following
151153 individuals:
152154 (1) The ADMH Commissioner, or his or her designee. The
153155 ADMH Commissioner shall chair of the committee.
154156 (2) The ADVA Commissioner, or his or her designee. The
155-ADVA Commissioner shall vice-chair the committee.
156-(3) The Alabama Department of Rehabilitation Services
157-Commissioner, or his or her designee.
158-(4) The Adjutant General of the Alabama National Guard,
159-or his or her designee.
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186+(2) The ADVA Commissioner, or his or her designee. The
187+ADVA Commissioner shall vice-chair the committee.
188+(3) The Alabama Department of Rehabilitation Services
189+Commissioner, or his or her designee.
190+(4) The Adjutant General of the Alabama National Guard,
189191 or his or her designee.
190192 (5) During their tenure as legislators, the lead
191193 sponsor for House Bill 197 and the lead sponsor for Senate
192194 Bill 135 from the 2024 Regular Legislative Session, who, upon
193195 leaving the Legislature, shall be replaced by the respective
194196 chairs of the Senate and House Veterans and Military Affairs
195197 Committees, or their designees.
196198 (6) Representatives of two veterans service
197199 organizations with expertise in mental health, substance use,
198200 peer support, and other culturally competent care, appointed
199201 by the ADVA Commissioner, who shall serve for initial terms of
200202 one year and three years, respectively.
201203 (7) Representatives of one other veterans support
202204 organization, appointed by the ADVA Commissioner, who shall
203205 serve for an initial term of four years, respectively.
204206 (8) Three mental health and substance use providers
205207 certified by ADMH who also serve veterans, appointed by the
206208 ADMH Commissioner, who shall serve for initial terms of one,
207209 two, and three years, respectively.
208210 (9) The Associate Commissioner of the ADMH Division of
209211 Mental Health and Substance Abuse Services shall serve as an
210212 ex-officio, non-voting member of the committee.
211213 (10) The Veterans Well-Being Program Manager of the
212214 ADVA shall serve as an ex-officio, non-voting member of the
213-committee.
214-(11) The Governor or his or her designee.
215-(12) The Lieutenant Governor or his or her designee.
216-(13) The Speaker of the Alabama House of
217-Representatives or his or her designee.
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244+ADVA shall serve as an ex-officio, non-voting member of the
245+committee.
246+(11) The Governor or his or her designee.
247+(12) The Lieutenant Governor or his or her designee.
248+(13) The Speaker of the Alabama House of
247249 Representatives or his or her designee.
248250 (14) The President Pro Tempore of the Senate, or his or
249251 her designee.
250252 (15) The minority leaders of the House of
251253 Representatives and the Senate, or their designees.
252254 (c) All appointing authorities shall coordinate their
253255 appointments so that diversity of gender, race, and
254256 geographical areas are reflective of the makeup of this state.
255257 To the extent practicable, appointing authorities are
256258 encouraged to prioritize appointments of service members,
257259 veterans, and family members of veterans. The designee of a
258260 committee member shall not be a health care provider or mental
259261 health care provider.
260262 (d) Meetings of the committee shall be held no less
261263 than on a quarterly basis, or upon the call of the chair or a
262264 majority of committee members. Appointments to the committee
263265 shall be made by July 1, 2024, and the first meeting of the
264266 committee shall be held by September 1, 2024. All meetings
265267 shall comply with the Open Meetings Act.
266268 §22-58-4
267269 (a) ADMH shall work collaboratively with ADVA,
268270 leveraging each other's roles, relationships, and expertise.
269271 The committee shall develop a comprehensive plan in response
270272 to a review of the following:
271-(1) The current state of Alabama veterans' mental
272-health and rates of substance use.
273-(2) Mental health, substance use, recovery, and other
274-veteran support services in Alabama.
275-(3) Needs assessments previously conducted for the
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302+to a review of the following:
303+(1) The current state of Alabama veterans' mental
304+health and rates of substance use.
305+(2) Mental health, substance use, recovery, and other
306+veteran support services in Alabama.
305307 (3) Needs assessments previously conducted for the
306308 purpose of identifying gaps in services and support. The
307309 review of needs assessments shall include qualitative and
308310 quantitative feedback of post-9/11 veterans in Alabama, as
309311 well as the need for additional services and coordination of
310312 existing services.
311313 (b) The review shall be completed by January 1, 2025.
312314 (c) The committee shall consult with others, to include
313315 the United States Department of Veterans Affairs and the
314316 Substance Abuse and Mental Health Services Administration, as
315317 appropriate, during the development of the comprehensive plan.
316318 (d) ADMH shall align the comprehensive plan with state
317319 and national behavioral health standards.
318320 §22-58-5
319321 (a) ADMH may establish pilot projects utilizing
320322 existing evidence-based services certified by ADMH or
321323 organizations which agree to become certified by ADMH. Pilot
322324 projects shall be awarded funding by ADMH through a fair and
323325 transparent request for proposal process. Pilot projects may
324326 begin upon the appropriation of funds and certification of
325327 projects.
326328 (b) The pilot projects may include any of the
327329 following:
328330 (1) Eye movement desensitization and reprocessing
329-therapy as an evidence-based treatment for PTSD.
330-(2) TBI screenings integrated into behavioral health
331-services.
332-(3) Integrated behavioral health and primary care
333-models.
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360+(1) Eye movement desensitization and reprocessing
361+therapy as an evidence-based treatment for PTSD.
362+(2) TBI screenings integrated into behavioral health
363+services.
364+(3) Integrated behavioral health and primary care
363365 models.
364366 (4) Agencies that have successfully met the SAMHSA
365367 criteria for the CCBHC model of care as certified by ADMH.
366368 (c) Pilot projects shall be based on the findings of
367369 the comprehensive plan.
368370 §22-58-6
369371 ADMH and ADVA shall present the proposed comprehensive
370372 plan to the respective Veterans and Military Affairs
371373 Committees of the Alabama House of Representatives and the
372374 Alabama Senate for their review and input no later than April
373375 1, 2025. ADMH shall then submit the proposed comprehensive
374376 plan to the Governor by June 30, 2025, for review and
375377 approval. The Governor shall act on the comprehensive plan no
376378 later than August 31, 2025.
377379 §22-58-7
378380 (a) Upon approval of the Governor and subject to
379381 sufficient appropriations, ADMH shall implement the
380382 comprehensive plan with continued input from ADVA.
381383 (b) ADMH shall contractwithmultipleentitiesto
382384 implementpilotprojects as described in Section 22-58-4 and
383385 provide services under this chapter. Contracts for the
384386 procurement of services shall be awarded on a competitive
385387 basis through a request for proposal process. Both ADMH and
386388 ADVA shall work collaboratively in the review and selection of
387-the proposals in a fair and transparent manner.
388-(c) ADMH and ADVA shall comply with federal ethics laws
389-in regard to its role in this chapter .
390-(d) Implementation of this chapter shall be contingent
391-upon new funds appropriated by the Legislature. Nothing in this
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418+ADVA shall work collaboratively in the review and selection of
419+the proposals in a fair and transparent manner.
420+(c) ADMH and ADVA shall comply with federal ethics laws
421+in regard to its role in this chapter .
422+(d) Implementation of this chapter shall be contingent
421423 upon new funds appropriated by the Legislature. Nothing in this
422424 act shall require existing resources to be diverted for this
423425 purpose.
424426 (e) All pilot projects and services implemented under
425427 this act shall comply with all requirements, including data
426428 reporting and certification standards, set out by ADMH. If a
427429 recipient of funds fails to meet those requirements, ADMH may
428430 demand recovery of the full amount of funds awarded. Upon
429431 notification of any demand, ADMH shall also notify the
430432 committee outlining the rationale for taking that action.
431433 (f) During the committee's regular meetings, ADMH shall
432434 update the committee on the progress of the comprehensive
433435 plan's implementation.
434436 (g) The committee shall conduct an annual review and may
435437 make formal recommendations regarding the comprehensive plan.
436438 ADMH shall align these recommendations to state and national
437439 behavioral health standards and submit them to the Governor for
438440 approval.
439441 (h) To inform this annual review, ADMH shall report
440442 annually to the committee the approximate number of veterans
441443 served through the pilot projects, the services provided by
442444 pilot projects, and the amount of funding expended for this
443445 purpose, as well as other available datapoints as determined by
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445-(i) Nothing in this act shall supersede or diminish the
446-existing powers enumerated to ADMH.
447-Section 2. This act shall become effective June 1,
448-2024.
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476+the committee.
477+(i) Nothing in this act shall supersede or diminish the
478+existing powers enumerated to ADMH.
479+Section 2. This act shall become effective June 1,
477480 2024.
478-________________________________________________
479-President and Presiding Officer of the Senate
480-________________________________________________
481-Speaker of the House of Representatives
482-SB135
483-Senate 30-Apr-24
484-I hereby certify that the within Act originated in and passed
485-the Senate, as amended.
486-Patrick Harris,
487-Secretary.
488-House of Representatives
489-Passed: 08-May-24
490-By: Senator Jones
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486+2024.
487+Senate
488+Read for the first time and referred
489+to the Senate committee on Veterans
490+and Military Affairs
491+................20-Feb-24
492+Read for the second time and placed
493+on the calendar:
494+ 0 amendments
495+................07-Mar-24
496+Read for the third time and passed
497+as amended
498+Yeas 33
499+Nays 0
500+Abstains 0
501+................30-Apr-24
502+Patrick Harris,
503+Secretary.
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