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19-4001. Community mental health centers and community facilities for people with intellectual disability; services of such facilities; services provided on contract by intellectual disability governing board; approval by secretary for aging and disability services of facility establishment. The board of county commissioners of any county or the boards of county commissioners of two or more counties jointly may establish a community mental health center, or community facility for people with intellectual disability, or both, which shall be organized, operated, and financed according to the provisions of this act. The mental health center may render the following mental health services: Out-patient and inpatient diagnostic and treatment services; rehabilitation services to individuals returning to the community from an inpatient facility; consultative services to schools, courts, health and welfare agencies, both public and private, and conducting, in collaboration with other agencies when practical, in-service training for students entering the mental health professions, educational programs, information and research. The community facilities for people with intellectual disability may render, and an intellectual disability governing board which contracts with nonprofit corporations to provide services for people with intellectual disability may provide, the following services: Pre-school, day care, work activity, sheltered workshops, sheltered domiciles, parent and community education and, in collaboration with other agencies when practical, clinical services, rehabilitation services, in-service training for students entering professions dealing with the above aspects of intellectual disability, information and research. It may establish consulting or referral services, or both, in conjunction with related community health, education, and welfare services.

No community mental health center, or facility for people with intellectual disability, or both, shall be established in such community after the effective date of this act unless and until the establishment of the same has been approved by the secretary for aging and disability services.

History: L. 1961, ch. 292, § 1; L. 1970, ch. 115, § 1; L. 1977, ch. 103, § 1; L. 2012, ch. 91, § 4; L. 2014, ch. 115, § 16; July 1.

Cross References to Related Sections:

Privilege of patient of treatment facility to prevent disclosure of treatment and of confidential communications, see 65-5601 et seq.

Law Review and Bar Journal References:

"Available Outpatient Mental Health Services," G. C. Coniglio, 69 J.K.M.S. 442 (1968).

Attorney General's Opinions:

Community mental health centers; purchase or construction of building. 79-90.

Mental health centers and services; charges for services. 80-103.

Mental health centers; purchase of a building by mental health center. 81-49.

Mental health/persons with intellectual disability services; contracts with nonprofit corporations. 81-171.

General provisions; home rule powers; executive reorganization. 83-129.

Mental health centers; duties of boards; personnel decisions. 84-85.

Use of county administrative structure by mental health center board. 86-118.

Community mental health centers and facilities for persons with intellectual disability; former state patients; tax levies. 88-15.

Mental health centers and facilities for persons with intellectual disability; duties of board; assistance to psychology students. 89-13.

Community mental health centers and facilities for persons with intellectual disability; tax levy; use of proceeds. 93-134.

CASE ANNOTATIONS

1. Whether section created statutory scheme replacing state mental health institutions with community health centers examined. Dow v. Terramara, Inc., 835 F. Supp. 1299, 1302 (1993).

2. Nonprofit corporation was not immune from suit under arm of the state doctrine in overtime wage claim. Ormsby v. C.O.F. Training Services, Inc., 194 F. Supp.2d 1177, 1183 (2002).


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