37-2-4. Behavioral Health Coordinating Council; membership; meetings; obligations.

There is created the Behavioral Health Coordinating Council. The council shall consist of the commissioner of behavioral health and developmental disabilities; the commissioner of early care and learning; the commissioner of community health; the commissioner of public health; the commissioner of human services; the commissioner of juvenile justice; the commissioner of corrections; the commissioner of veterans service; the commissioner of community supervision; the commissioner of community affairs; the commissioner of the Technical College System of Georgia; the Commissioner of Labor; the State School Superintendent; the chairperson of the State Board of Pardons and Paroles; a behavioral health expert employed by the University System of Georgia, designated by the chancellor of the university system; two members, appointed by the Governor; the ombudsman appointed pursuant to Code Section 37-2-32; the Child Advocate for the Protection of Children; an expert on early childhood mental health, appointed by the Governor; an expert on child and adolescent health, appointed by the Governor; a pediatrician, appointed by the Governor; an adult consumer of public behavioral health services, appointed by the Governor; a family member of a consumer of public behavioral health services, appointed by the Governor; a parent of a child receiving public behavioral health services, appointed by the Governor; a member of the House of Representatives, appointed by the Speaker of the House of Representatives; and a member of the Senate, appointed by the President of the Senate.#

The commissioner of behavioral health and developmental disabilities shall be the chairperson of the council. A vice chairperson and a secretary shall be selected by the members of the council from among its members as prescribed in the council’s bylaws.#

Meetings of the council shall be held quarterly, or more frequently, on the call of the chairperson. Meetings of the council shall be held with no less than five days’ public notice for regular meetings and with such notice as the bylaws may prescribe for special meetings. Each member shall be given written or electronic notice of all meetings. All meetings of the council shall be subject to the provisions of Chapter 14 of Title 50. Minutes or transcripts shall be kept of all meetings of the council and shall include a record of the votes of each member, specifying the yea or nay vote or absence of each member, on all questions and matters coming before the council, and minutes or transcripts of each meeting shall be posted on the state agency website of each council member designee. No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the council on a recorded vote. Except as provided in subsection (c.1) of this Code section, no member of the council shall be represented by a delegate or agent. Any member who misses three duly posted meetings of the council over the course of a calendar year shall be replaced by an appointee of the Governor unless the council chairperson officially excuses each such absence.#

The commissioner of behavioral health and developmental disabilities, the commissioner of early care and learning, the commissioner of community health, the commissioner of public health, the commissioner of human services, the commissioner of juvenile justice, the commissioner of corrections, the commissioner of veterans service, the commissioner of community supervision, the commissioner of community affairs, the commissioner of the Technical College System of Georgia, the Commissioner of Labor, the State School Superintendent, and the chairperson of the State Board of Pardons and Paroles shall each be authorized to be represented by a delegate or agent at any meeting of the council or subcommittee meeting. Any such delegate or agent shall be counted toward a quorum, shall have all voting privileges as the member’s delegate or agent, and shall not be considered an absence of the member.#

Except as otherwise provided in this Code section, a majority of the members of the council then in office shall constitute a quorum for the transaction of business. No vacancy on the council shall impair the right of the quorum to exercise the powers and perform the duties of the council. The vote of a majority of the members of the council present at the time of the vote, if a quorum is present at such time, shall be the act of the council unless the vote of a greater number is required by law or by the bylaws of the council.#

The council shall:#

1. (1)

   Develop solutions to the systemic barriers or problems to the delivery of behavioral health services by making recommendations in writing and publicly available that implement funding, policy changes, practice changes, and evaluation of specific goals designed to improve delivery of behavioral health services, increase access to behavioral health services, and improve outcome for individuals, including children, adolescents, and adults, served by the various departments;#

2. (2)

   Focus on specific goals designed to resolve issues for provision of behavioral health services that negatively impact individuals, including children, adolescents, and adults, serviced by the various departments;#

3. (3)

   Monitor and evaluate the implementation of established goals and recommendations; and#

4. (4)

   Establish common outcome measures that are to be utilized for and represented in the annual report to the council.#

1. (1)

   The council shall consult with various entities, including state agencies, councils, and advisory committees and other advisory groups as deemed appropriate by the council.#

2. (2)

   All state departments, agencies, boards, bureaus, commissions, and authorities are authorized and required to make available to the council access to records or data which are available in electronic format or, if electronic format is unavailable, in whatever format is available. The judicial and legislative branches are authorized to likewise provide such access to the council.#

The council shall be attached to the Department of Behavioral Health and Developmental Disabilities for administrative purposes only as provided by Code Section 50-4-3.#

1. (1)

   The council shall submit annual reports no later than October 1 of its recommendations and evaluation of its implementation and any recommendations for funding to the Office of Health Strategy and Coordination, the Governor, the Speaker of the House of Representatives, and the President of the Senate.#

2. (2)

   The recommendations developed by the council and the annual reports of the council shall be presented to the board of each member department for approval or review at least annually at a publicly scheduled meeting.#

For purposes of this Code section, the term “behavioral health services” has the same meaning as “disability services” as defined in Code Section 37-1-1.#