Ohio Admin. Code 5122:2-1-04 - Department of mental health and addiction services appointments to boards

Current through all regulations passed and filed through March 11, 2022

(A) Purpose. The purpose of this rule is to establish a procedure for the Ohio department of mental health and addiction services (OhioMHAS) appointment of members of community mental health boards established pursuant to section 340.02 of the Revised Code, including reasonable notification of the interested public.
(B) "Board" for the purposes of this rule means any community mental health board; alcohol, drug addiction, and mental health services board; alcohol and drug addiction services board; or any other board established pursuant to section 340.02 of the Revised Code.
(B) (C) Procedure
(1) When a vacancy becomes available for a department appointment or reappointment to a board community mental health board (CMHB), the CMHB board shall notify the following groups: OhioMHAS office of community support.

(a) Office of the commissioner of mental health and forensic services;

(b) All agencies funded totally or in part by department of mental health funds within the jurisdiction of the board;

(c) College/university departments of mental health training, medical colleges/departments of psychiatry, local chapters of state psychiatric, psychological, social work and nursing associations, mental health association, and other interested consumer groups who request notification in the board's area of jurisdiction.

(d) In addition, public notification through posting, media, etc., may be employed to assure reasonable notification of the interested public.

(2) Notification of the groups specified in paragraphs (B)(1)(a) to (B)(1)(d) of this rule should include The board may use public notification through posting, media, etc., to assure reasonable notification of the interested public. Any such notification shall include:
(a) Eligibility requirements for board membership under section 340.02 of the Revised Code;
(b) Duties and responsibilities of a CMHB board member as defined by statute;
(c) Length of time of appointment Length of the term of the vacancy being filled;
(d) Specific requirements for the board vacancy which is under consideration, if such requirements are present, e.g.;

(i) Psychiatrist/physician.

(ii) Mental health professional as defined by rules of the department.

(iii) County residency requirement in a multi-county board area.

(e) Procedure and time limits for application;
(f) Process of obtaining state application form for appointment;
(g) Application and selection procedure as described in paragraph (B)(3) of this rule.
(3)
(a) Applications shall be prepared on the form shown in "Appendix A" to this rule. (See "Appendix A.") provided by OhioMHAS, which shall include the board being applied for, appointment type, name of applicant, address, county of residence, education, experience, any applicable licensing information, a personal statement, demographic information, the applicant's signature, and the opportunity for the board to recommend the appointment and request waiver of appointment types. The director may at his discretion delegate to the CMHB the receipt of applications, review and screening of applications, and interviewing of applicants. Notice of this delegation of authority shall be given to the CMHB in written form with directions for forwarding to the department the results of these activities. A copy of the notice of delegation is provided in "Appendix B."
(b) The receipt of applications, review and screening of applications, and interviewing of applicants may be delegated upon the discretion of the director of OhioMHAS. Notice of this delegation of authority shall be given to the board in written form with directions for forwarding to the department the results of these activities.
(b) (c) The director, or the director's designee, will evaluate eligible candidates with the following priorities:
(i) Statutory requirements regarding the appointment of a psychiatrist/physician and mental health professional;
(ii) Effort to balance the composition of the board.

The director will appoint an eligible candidate or may seek additional applications in order to meet the priorities of paragraph (B)(3)(c) of this rule.

(C) (D) The names, occupations, and length of service of all current board members at the time of adoption of this rule shall be forwarded to the department as of the effective date of this rule. An updated list forwarded to the department will be required when any appointments are requested.

Notes

Ohio Admin. Code 5122:2-1-04
Five Year Review (FYR) Dates: 7/18/2018 and 07/18/2023
Promulgated Under: 119.03
Statutory Authority: 340.02
Rule Amplifies: 340.02
Prior Effective Dates: 05/01/1968, 10/14/1982, 12/19/2013
Effective: 12/19/2013
R.C. 119.032 review dates: 10/02/2013 and 12/19/2018
Promulgated Under: 119.03
Statutory Authority: 340.02
Rule Amplifies: 340.02
Prior Effective Dates: 5/1/68, 10/14/82

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