Chapter 86

10 GCA H EALTH AND SAFETY CH 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER 1 CHAPTER 86 GUAM BEHA VIORAL HEALTH AND WELLNESS CENTER 2013 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which ren amed the Department of Mental Health and Substance Abuse (DM HSA) to the Guam Behavioral Health and Wellness Center, all referenc es to DMHSA were altered to the Guam Behavioral Health and Wellness Center p ursuant to P.L. 32-024:4. § 86101. Policy. § 86102. Definitions. § 86103. Creation of Department. § 86104. Effective Date of Transfer. § 86105. Powers and Duties. § 86106. Auxiliary Fund. § 86107. Council on Mental Health and Substance Abu se. § 86108. Duties of Council. § 86109. Guam Drug and Alcohol Detoxification, Reha bilitation, and Prevention Grant Program. § 86110. Untitled. [Repealed] § 86111. Mental Health and Substance Abuse Services Fund. § 86101. Policy. It is hereby declared to be the public policy of t he territory of Guam, to provide comprehensive inpatient and community-based outpatient mental health, alcohol and drug programs and services for the people of Guam, and to continually strive to improve, enhance, and prom ote the physical and mental well-being of the people of

utpatient mental health, alcohol and drug programs and services for the people of Guam, and to continually strive to improve, enhance, and prom ote the physical and mental well-being of the people of Guam who experie nce the life-disrupting effects of mental illness, alcoholism and drug abus e or are at risk to suffer those effects and who need such assistance and; to provide such assistance in an efficient and effective manner in order to minim ize community disruption and strengthen the quality of personal, family and community life. It shall be the public policy of the government o f Guam to encourage the development of privately-funded community based programs for mental health, drug and alcohol abuse, in particular those programs that employ qualified local residents. As those services become developed and/or available in the Territory, the government of Guam may gradually phase out of such operations. SOURCE: Added by P.L. 17-021:2 (Aug. 18, 1983) as GC § 8510 1. Codified as 10 GCA § 86101. COL412201710 GCA H EALTH AND SAFETY CH 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER 2 § 86102. Definitions .

OURCE: Added by P.L. 17-021:2 (Aug. 18, 1983) as GC § 8510 1. Codified as 10 GCA § 86101. COL412201710 GCA H EALTH AND SAFETY CH 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER 2 § 86102. Definitions . For purposes of this Chapter, the following defini tions shall apply unless otherwise specifically provided. (a) Department. Department means the Guam Behavio ral Health and Wellness Center (GBHWC). (b) Director. Director means the administrative h ead of the Department. (c) Council. Council means the Council on Mental Health and Substance Abuse. (d) Mental Illness. Mental Illness means those di seases and conditions which the manifestations of which seem m ostly to affect a person's behavior, feelings, thinking and perceptio n and view of the world around him to the extent that his mental heal th is substantially impaired, including the mentally retarded. (e) Alcoholism. Alcoholism means a category for p ersons whose alcohol intake is great enough to damage their phys ical health, or their personal or social functioning or when it has becom e a prerequisite to normal functioning. (f) Drug Abuse.

or p ersons whose alcohol intake is great enough to damage their phys ical health, or their personal or social functioning or when it has becom e a prerequisite to normal functioning. (f) Drug Abuse. Drug Abuse means the use, without compelling medical reason, of drugs which results in psycholog ical or physiological dependency as a function of continued use in such a manner as to induce mental, emotional or physical impairment and cause socially dysfunctional or socially disordering behavior. (g) Treatment. Treatment means the broad range of emergency, outpatient, intermediate care including diagnostic evaluation; medical psychiatric, psychological, and social service care ; vocational rehabi- litation and career counseling which may be extende d to mentally ill clients, alcoholics, and drug abusers. (h) Community-Based Services. Community-Based Servi ces means the provisions of mental health, alcohol and drug abuse services in a non-institutional setting that is located with in (or as close to) the client's community. (i) Prevention. Prevention means a proactive, int erdisciplinary, and multi-cultural approach designed to empower the ind ividual with social competencies to

(or as close to) the client's community. (i) Prevention. Prevention means a proactive, int erdisciplinary, and multi-cultural approach designed to empower the ind ividual with social competencies to enable him to cope with life stress es and promote a healthy functioning life-style. It is proactive in that it spans the COL412201710 GCA H EALTH AND SAFETY CH 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER 3 deliberate activity before the onset of the problem . It is interdisciplinary in that it spans the traditional human service deli very systems. It is multi-cultural as it recognizes the diversity of va lues of the multi-ethnic people of Guam and neighboring Pacific Islands. In empowering people, it enhances their natural support system or , when this support is absent, provides a means of enabling them to help t hemselves, moving them from dependency toward personal autonomy in wa ys that are acceptable to them. (j) Provider. Provider means a professional emplo yed in the field of mental health, drugs and alcohol. SOURCE: Added by P.L. 17-021:2 (Aug. 18, 1983) as GC § 8510 2. Codified as 10 GCA § 86102. Subsection (a) amended by P.L. 32-024 :3 (May 6, 2013). § 86103.

field of mental health, drugs and alcohol. SOURCE: Added by P.L. 17-021:2 (Aug. 18, 1983) as GC § 8510 2. Codified as 10 GCA § 86102. Subsection (a) amended by P.L. 32-024 :3 (May 6, 2013). § 86103. Creation of Department. There is within the government of Guam the Guam Be havioral Health and Wellness Center. The Council, by an affirmative vote of four (4) members, shall select and, with the approval of I Maga’låhi (the Governor), appoint the Director of the Guam Behavioral Health and Wellness Center, with the advice and consent of I Liheslatura (the Legislature). The Director shall be responsible for the day-to-day operations of the Department. The Director’s salary shall be as provided by Title 4, Guam Code Annotated, Chapter 6, Article 2, § 6206.1. SOURCE: Added by P.L. 17-021:2 (Aug. 18, 1983) as GC § 8510 3. Codified as 10 GCA § 86103. Amended by P.L. 32-024:3 (May 6, 2013 ). 2013 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which ren amed the Department of Mental Health and Substance Abuse (DM HSA) to the Guam Behavioral Health and Wellness Center, all referenc es to DMHSA were altered to the Guam Behavioral Health and Wellness Center. § 86104. Effective Date of Transfer.

bstance Abuse (DM HSA) to the Guam Behavioral Health and Wellness Center, all referenc es to DMHSA were altered to the Guam Behavioral Health and Wellness Center. § 86104. Effective Date of Transfer. (a) Effective October 1, 1983, all working capital , accounts payable and receivable, all books, records, obligations, assets , liabilities, agreements and privileges pertaining to the operations of the exis ting Community Mental Health Center and Mental Health and Substance Abuse Agency shall be transferred to the Guam Behavioral Health and Welln ess Center. (b) Upon the transfer of functions, all independe nt contractors and contract employees of the Mental Health and Substan ce Abuse Agency and the Community Health Center shall have the option o f completing any existing contracts upon which they may be retained. No person who accepts COL412201710 GCA H EALTH AND SAFETY CH 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER 4 a transfer to the Department shall, during the rema inder of the term of his existing contract, which term shall in no event be extended: (1) be removed from his employment except for cause ; or (2) have his salary or any of his benefits of gover nment employment,

term of his existing contract, which term shall in no event be extended: (1) be removed from his employment except for cause ; or (2) have his salary or any of his benefits of gover nment employment, if any, reduced except as such salary a nd benefits that may be reduced uniformly for all government employees. (c) Upon the transfer of functions, all classifie d employees of the Mental Health and Substance Abuse Agency and all cl assified employees except the nurses of the inpatient unit of the Comm unity Mental Health Center of the Guam Memorial Hospital Authority shal l be transferred to the Department in the same grade and step as they held at the time of transfer. They shall continue to be members of the classified service. The nurses of the inpatient unit of the Community Mental Health C enter shall remain classified employees of the Guam Memorial Hospital Authority at the same grade and step. SOURCE: Added by P.L. 17-021:2 (Aug. 18, 1983) as GC § 8510 4. Codified as 10 GCA § 86104. 2013 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which ren amed the Department of Mental Health and Substance Abuse (DM HSA) to the Guam Behavioral Health and Wellness Center, all referenc es to

4. 2013 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which ren amed the Department of Mental Health and Substance Abuse (DM HSA) to the Guam Behavioral Health and Wellness Center, all referenc es to DMHSA were altered to the Guam Behavioral Health and Wellness Center. § 86105. Powers and Duties. (a) (1) The Department, adhering to Federal regulat ions, local physical needs, feasibility and appropriateness, sh all provide mental health, alcohol and drug abuse treatment services. The Department shall establish and adopt regulations concerning fe es it may change for such services, which may be based on ability-to-pay standards as esta- blished by the Guam Memorial Hospital Authority's ' Limit of Liability' Program. Such services shall include: (A) 24-hour crisis intervention services to include as needed a mobile crisis team and a hot-line; (B) partial hospitalization and aftercare services to include transitional homes for the mentally ill; (C) outpatient services to include as needed team s ervices for children, the elderly and adults; (D) individual, group, and family counseling servic es; COL412201710 GCA H EALTH AND SAFETY CH 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER 5 (E)

team s ervices for children, the elderly and adults; (D) individual, group, and family counseling servic es; COL412201710 GCA H EALTH AND SAFETY CH 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER 5 (E) inpatient services to include but not be limite d to acute psychiatric and alcohol and drug detoxification ser vices. The department may contract in writing for the provisio n of inpatient services with any qualified providers. The departme nt shall be responsible for insuring that the medical care stan dards and quality controls for inpatient services provided ab ove are met. (2) The Department shall provide mental health, alc ohol and drug abuse prevention programs and services. Such progra ms and services shall include: (A) affecting policy to change conditions to minimi ze the availability of drugs and other negative influences ; (B) training significant individuals, such as paren ts, teachers, commissioners, and parish priests, with prevention skills; (C) providing information via clearinghouse for dru g and alcohol information; (D) promoting alternatives to drug and alcohol use, particularly among the youth; and (E) education to include dissemination of accurate information, as

earinghouse for dru g and alcohol information; (D) promoting alternatives to drug and alcohol use, particularly among the youth; and (E) education to include dissemination of accurate information, as well as enhancing social competenci es. (3) There is established a Treatment Center within the Department whose head will be a classified employee who will r eport directly to the office of the Director. The head of the Treatment C enter shall have responsibility for the treatment and prevention ser vices outlined in § 86105(a)(1) and (2) of a qualified mental health pr ofessional with clinical experience and at least a master degree in health administration, social work, psychology or related field as determined by the Civil Service Commission. (b) (1) The Department shall apply for, receive and adminis ter federal funds available from the U. S. Department of Health and Human Services, now or in the future for mental health, a lcohol and drug abuse treatment and prevention programs. The Department i s the exclusive governmental agency with the power and duty to appl y for and receive such funds.

future for mental health, a lcohol and drug abuse treatment and prevention programs. The Department i s the exclusive governmental agency with the power and duty to appl y for and receive such funds. The Department in applying for mental health, alcohol and/or drug abuse grants from all sources is requir ed to coordinate the development of such grant proposals with the Guam H ealth Planning and Development Agency to insure programs and servi ces secured COL412201710 GCA H EALTH AND SAFETY CH 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER 6 through such grant applications are in harmony with the plans developed by the Department. This shall not preclud e nor prevent private sectors providers from applying for federal funds for which they are eligible. (2) The Department shall develop and administer wri tten policies and procedures to ensure that the mental health, al cohol and drug abuse programs that receive federal funds comply with tho se parts of federal law particularly applicable to mental health, alcoh ol and drug abuse programs. (3) The Department shall develop and adopt written policies, procedures, and regulations to ensure that the admi nistration of federally-funded

ble to mental health, alcoh ol and drug abuse programs. (3) The Department shall develop and adopt written policies, procedures, and regulations to ensure that the admi nistration of federally-funded mental health, alcohol and drug ab use programs complies with standards set by the territory of Gua m as a condition to the receipt of federal funds. (4) The Department, pursuant to the Administrative Adjudication Act, shall develop procedures and adopt rules in re gards to monitoring and evaluating grants, subsidies, or purchase of se rvice agreement. Applicants to whom a grant or subsidy has been made , or a purchase of service agreement awarded, shall agree to comply wi th such rules and procedures. (c) The Department and the Guam Health Planning and Dev elopment Agency (GHPDA), pursuant to the Administrative Adju dication Act, shall work jointly to adopt the standards and procedures for licensure of mental health, regulations shall be adopted within 18 mont hs after the effective date of this Act, after which no mental health, alcohol and drug abuse treatment program shall be operated on Guam without a license from the Department.

adopted within 18 mont hs after the effective date of this Act, after which no mental health, alcohol and drug abuse treatment program shall be operated on Guam without a license from the Department. These standards shall be used in the Certificate of Need Review when such review is required by law. Denial of a license by t he Department may be appealed to GHPDA. The Department Director shall as sist in reviewing the credentials of mental health, drug and alcohol prof essionals. (d) (1) (A) The Department shall annually review and amend, as necessary, the present territory of Guam Mental Hea lth Five-Year State Plan: 1981-1986. Hereinafter the Department s hall publish a Three-Year Plan and amend it annually. (B) The Department shall develop and publish specif ic plans and projects for achieving the objectives establish ed in the annual update to the Three-Year Plan. COL412201710 GCA H EALTH AND SAFETY CH 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER 7 (C) The Department shall implement the Guam Three-Y ear Plan, as it is annually amended. (D) The Three-Year Plan, as it is annually amended, shall constitute the mental health component of the Terri torial Health Plan prepared by

ment the Guam Three-Y ear Plan, as it is annually amended. (D) The Three-Year Plan, as it is annually amended, shall constitute the mental health component of the Terri torial Health Plan prepared by Guam Health Planning and Developme nt Agency. The Director of the Department shall execut e an inter- agency agreement with GHPDA to govern the procedure by which the mental health plan shall be prepared for inclus ion in the Territorial Health Plan. (2) By December 31, 1986, the Department shall esta blish and publish a Three-Year Plan that describes the Depart ment's objectives through 1989 in planning, evaluating, monitoring, a nd developing mental health, alcohol and drug abuse services on G uam. The provisions in subsection (1) of this section that a re applicable to the annual update of the present Five-Year Plan shall b e applicable to the Three-Year Plan. SOURCE: Added by P.L. 17-021:2 (Aug. 18, 1983) as GC § 8510 5. Codified as 10 GCA § 86105. 2013 NOTE: Pursuant the authority granted by 1 GCA § 1606, num bers and/or letters were altered to adhere to the Compiler’s alpha-nume ric scheme. § 86106. Auxiliary Fund.

Codified as 10 GCA § 86105. 2013 NOTE: Pursuant the authority granted by 1 GCA § 1606, num bers and/or letters were altered to adhere to the Compiler’s alpha-nume ric scheme. § 86106. Auxiliary Fund. There is established separate and apart from any o ther government funds, a Department Auxiliary Fund, in which monies and assets from fund raising activities and charitable contributions sha ll be deposited. The Council shall adopt rules and regulations as to what would constitute authorized expenditures for the patients. The Department's Fis cal Officer shall be custodian of the Fund and shall invest these monies in bank accounts insured by the Federal Deposit Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC) and may spen d the funds as needed, for patient needs or programs in mental hea lth, alcohol and drug abuse, as outlined in the Department's Three-Year P lan. Independent records and accounts shall be maintained in connection ther ewith. The Director shall be the certifying officer for the fund. An annual a udit shall be conducted and a report of the Fund activities shall be submitted to the Governor, the Speaker of the Legislature, the

Director shall be the certifying officer for the fund. An annual a udit shall be conducted and a report of the Fund activities shall be submitted to the Governor, the Speaker of the Legislature, the Chairman of the Com mittee on Health, Welfare and Ecology, and the Chairman of the Commit tee on Ways and Means within thirty (30) days when the audit is com pleted. COL412201710 GCA H EALTH AND SAFETY CH 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER 8 SOURCE: Added by P.L. 17-021:2 (Aug. 18, 1983) as GC § 8510 6. Codified as 10 GCA § 86106. § 86107. Council on Mental Health and Substance Abu se. (a) There is within the Department an Advisory Cou ncil for Mental Health, Alcohol and Drug programs and services know n as the Advisory Council. The Council shall consist of seven (7) members appointed by I Maga’låhi (the Governor) and confirmed by I Lihesla tura (the Legislature). The members of the Council shall serve for three (3) years. At least one (1) member shall be a parent whose child is a client of the Guam Be havioral Health and Wellness Center. (b) The Council shall annually elect a Chairperson, Vice-Chairperson and Recorder from among its membership.

ll be a parent whose child is a client of the Guam Be havioral Health and Wellness Center. (b) The Council shall annually elect a Chairperson, Vice-Chairperson and Recorder from among its membership. The Council shall meet at least once a month at such time and place as the Chairper son may designate. Meetings shall be well publicized and shall be open to the public. Executive sessions are permitted only in accordance with the Open Government Law. Four (4) members shall constitute a quorum of the C ouncil for the trans- action of business. The concurrence of four (4) mem bers present shall constitute official action of the Council. SOURCE: Added by P.L. 17-021:2 (Aug. 18, 1983) as GC § 8510 7. Amended by P.L. 17-025:19 (Oct. 6, 1983). Codified as 10 GCA § 86107. Subsection (a) amended by P.L. 33-237 (Jan 9, 2017). § 86108. Duties of Council. The Council shall review and approve the plans and programs of the Department and for that purpose shall have the foll owing duties: (a) Review and approve the Department's annual budg et; (b) Review and approve the Department's Three Year Plan and its annual update; (c) Periodically review available services and faci lities to determine

iew and approve the Department's annual budg et; (b) Review and approve the Department's Three Year Plan and its annual update; (c) Periodically review available services and faci lities to determine mental health, drug and alcohol program n eeds; (d) Utilize the support and assistance of intereste d persons, including recovered clients, to encourage potential clients to undergo treatment voluntarily; (e) Review and comment on all new and renewed Feder al grants application. COL412201710 GCA H EALTH AND SAFETY CH 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER 9 (f) Perform such acts as may be reasonably necessar y to accomplish the purpose for which it was formed, sub ject, however, to the following conditions: (1) Adopt such rules and regulations pursuant to t he Administrative Adjudication Law as may be necessary for the exercise of the Department’s powers, performance of its duties and administration of its operations. (2) Set fees, pursuant to the Administrative Adjud ication Law, for appropriate types of services, appropriate types of medication formulary, and appropriate types of supp lies, except in so doing, such fees shall not be retroactive as to services, medications and

or appropriate types of services, appropriate types of medication formulary, and appropriate types of supp lies, except in so doing, such fees shall not be retroactive as to services, medications and supplies furnished prior to the eff ective date of the enactment of such fees. (3) (A) The schedule of fees shall be sufficient to recover the operating costs and fixed costs and to generate such revenue as is necessary to make the Department quas i-self- sustaining. The costs of any medical care and serv ices rendered to any person under a medically indigent o r assistance program as defined within Chapter 2 of t his Title and/or Medicaid/medicare, shall be paid by the Depa rtment of Public Health and Social Services.Annual Analysi s Report to I Liheslaturan Guåhan [the Legislature]. (B) As a means of assuring the People of Guam that the Department is cost effective in the delivery and pe rformance of healthcare services mandated by law, the Council will establish monitors to measure the quality and appro priateness of services rendered, and the productivity and fina ncial performance of the Department.

care services mandated by law, the Council will establish monitors to measure the quality and appro priateness of services rendered, and the productivity and fina ncial performance of the Department. The results of this measure shall be submitted to I Liheslaturan Guåhan [The Legislature] concurrently with any fee adjustments. (4) The Council shall submit to I Liheslaturan Guåhan , for approval, a budget for the use of any funds collect ed through the implementation of a fee schedule. SOURCE: Added by P.L. 17-021:2 (Aug. 18, 1983) as GC § 8510 8. Codified as 10 GCA § 86108. Subsection (f) added by P.L. 26-170:5 (Jan. 5, 2003). 2017 NOTE: Subitem designations added in subsection (f)(3) pur suant to the authority of 1 GCA § 1606. COL412201710 GCA H EALTH AND SAFETY CH 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER 10 2012 NOTE: Pursuant the authority granted by 1 GCA § 1606, num bers and/or letters were altered to adhere to the Compiler’s alpha-nume ric scheme. NOTE: The legislative intent for the enactment of subsec tion (f) is explained in P.L. 26-10:1 (Jan. 5, 2003). § 86109. Guam Drug and Alcohol Detoxification, Reha bilitation, and Prevention Grant Program.

The legislative intent for the enactment of subsec tion (f) is explained in P.L. 26-10:1 (Jan. 5, 2003). § 86109. Guam Drug and Alcohol Detoxification, Reha bilitation, and Prevention Grant Program. (a) There is hereby created a Guam Drug and Alcohol Detoxification, Rehabilitation, and Prevention Grant Program within the Guam Behavioral Health and Wellness Center for the purpose of provi ding annual grants to local non-profit organizations providing drug and a lcohol detoxification, rehabilitation, and prevention services. (b) The Grant Program shall be funded annually by a ppropriation from I Liheslaturan Guåhan and administered by the Director of the Guam Behavioral Health and Wellness Center beginning in Fiscal Year 2006. (c) All grants shall be approved by a grant review panel consisting of the Director of the Guam Behavioral Health and Well ness Center, the Director of the Department of Public Health and Soc ial Services and the Director of the Bureau of Plans and Statistics. (d) The Director shall establish criteria that take s into consideration both sexes for the grant reviews of local non-profi t organizations providing drug and alcohol detoxification, rehabilitation, an

The Director shall establish criteria that take s into consideration both sexes for the grant reviews of local non-profi t organizations providing drug and alcohol detoxification, rehabilitation, an d prevention services by October 1, 2005. (e) The proportionate distribution of grant funds s hall be a consideration in awarding grants to local non-profi t drug and alcohol detoxification, rehabilitation, and prevention orga nizations servicing adult male, adult female and adolescent patients. (f) The Guam Behavioral Health and Wellness Center, no later than May 1st of each year, shall provide to I Maga’lahen Guåhan and I Liheslaturan Guåhan an expenditure and performance report of grants issued to local non-profit organizations of the Gua m Drug and Alcohol Detoxification, Rehabilitation, and Prevention Gran t Program and shall include recommendations with reference to additiona l legislation or other action it deems necessary to carry out its purpose. SOURCE: Added by P.L. 28-061:2 (June 30, 2005). 2013 NOTE: This section was originally codified from GC § 85 109, entiled, 'Legislative Process.' Repealed by P.L. 18-048:13 (Jan. 2, 1987).

s purpose. SOURCE: Added by P.L. 28-061:2 (June 30, 2005). 2013 NOTE: This section was originally codified from GC § 85 109, entiled, 'Legislative Process.' Repealed by P.L. 18-048:13 (Jan. 2, 1987). COL412201710 GCA H EALTH AND SAFETY CH 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER 11 P.L. 32-024:2 (May 6, 2013) renamed the Department of Mental Health & Substance Abuse to the Guam Behavioral Health and Wellness Ce nter. Reference to the Department of Mental Health & Substance Abuse was c hanged to Guam Behavioral Health and Wellness Center pursuant to P.L. 32-024: 4. § 86109.1. Residential Treatment Program. There is established within the Guam Behavioral He alth and Wellness Center a program entitled the Residential Treatment Program, to provide transitional living services for mentally ill and m entally retarded clients, to provide adequate and continuing supervision and cou nseling to clients released to the community and to acquaint and assis t clients with various support agencies and programs. The Residential Trea tment Program shall be fully operational within sixty (60) days of enactme nt of this section.

ity and to acquaint and assis t clients with various support agencies and programs. The Residential Trea tment Program shall be fully operational within sixty (60) days of enactme nt of this section. In evaluating clients for admission to such Program, t he Department shall not require the consent of those mentally ill or retard ed clients who are a physical threat to themselves, their families, or t he public, but shall require the recommendation of such clients' parent(s), of t he Superior Court of Guam, or of a licensed physician. SOURCE: Added by P.L. 20-093:1 (Sept. 14, 1989). 2013 NOTE: P.L. 32-024:2 (May 6, 2013) renamed the Departmen t of Mental Health & Substance Abuse to the Guam Behavioral Health and Wellness Center. Reference to the Department of Mental Health & Substance Abuse w as changed to Guam Behavioral Health and Wellness Center pursuant to P .L. 32-024:4. § 86110. [Untitled.] [Repealed.] SOURCE: Added by P.L. 17-021:2 (Aug. 18, 1983) as GC § 851 10. Codified as 10 GCA § 86110. Repealed by P.L. 18-048:13 (Jan. 2, 1 987). § 86111. Mental Health and Substance Abuse Services Fund.

aled.] SOURCE: Added by P.L. 17-021:2 (Aug. 18, 1983) as GC § 851 10. Codified as 10 GCA § 86110. Repealed by P.L. 18-048:13 (Jan. 2, 1 987). § 86111. Mental Health and Substance Abuse Services Fund. (a) There is hereby created, separate and apart fro m other funds of the government of Guam, a fund known as the Mental Heal th and Substance Abuse Services Fund (hereinafter Fund). The Fund sh all be separate and apart from all other funds of the government of Gua m, shall be kept in separate bank account, and shall not be subject to any transfer authority of I Maga’lahen Guåhan or any inter-fund transfers. (b) All proceeds from the collection of any fees by the Guam Behavioral Health and Wellness Center shall be depo sited into the Fund. (c) Notwithstanding the general provisions of § 224 06 of Title 5 GCA which require that unused and de-appropriated funds revert to the General COL412201710 GCA H EALTH AND SAFETY CH 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER 12 Fund, or any other provision of Guam law to the con trary, all de- appropriated or unused funds appropriated from the Mental Health and Substance Abuse Services Fund shall, in all circums tances, and whether in whole or

rovision of Guam law to the con trary, all de- appropriated or unused funds appropriated from the Mental Health and Substance Abuse Services Fund shall, in all circums tances, and whether in whole or in part, be returned to the Mental Health and Substance Abuse Services Fund. (d) Notwithstanding the provisions of § 22103, § 21 107, and § 21110 of Title 5 GCA or any other provision of Guam law t o the contrary, all interest earned on the Mental Health and Substance Abuse Services Fund shall be returned to the Mental Health and Substanc e Abuse Services Fund. (e) The Director of Administration shall submit a r eport on a quarterly basis to the Speaker of I Liheslaturan Guåhan of the revenues and interest earned, collected and expended from the Mental Heal th and Substance Abuse Services Fund and shall post such report on t he Department’s website. (f) Expenditures from Fund; Authorized. All expendi tures from the fund shall be authorized and appropriated pursuant to the annual Fiscal Year Budget Act of the Executive Branch, applicable law, rules and regulations, and as may be further provided or required pursuant to the Permanent Injunction ordered by the U.S.

o the annual Fiscal Year Budget Act of the Executive Branch, applicable law, rules and regulations, and as may be further provided or required pursuant to the Permanent Injunction ordered by the U.S. District Court of Gu am mandating GBHWC to provide necessary and timely services to its cli ents. Expenditures from the Fund by GBHWC shall be for, but is not limited to, its costs of operations, personnel, contractual services, the development of programs and services, the timely payment of debt obligations, capital imp rovements, and any other purposes approved and appropriated for pursuant to the annual fiscal year budget appropriation act of the Executive Branch, a nd applicable law, rules and regulations. (1) Any appropriation or expenditure authorization not utilized by the end of a fiscal year shall not lapse and shall continue to be available and may be expended in the next fiscal year, subjec t to availability of funds, unless otherwise specifically precluded or p rohibited pursuant to law. (2) The Guam Behavioral Health and Wellness Center shall prioritize the timely payment of all outstanding de bt obligations to the Guam Memorial Hospital Authority.

ed or p rohibited pursuant to law. (2) The Guam Behavioral Health and Wellness Center shall prioritize the timely payment of all outstanding de bt obligations to the Guam Memorial Hospital Authority. (g) Fund Administration. The Director of Administra tion shall be the disbursing and certifying officer for the Fund, and shall comply with the provisions of Chapter 14 of Title 4, Guam Code Anno tated. The Director of COL412201710 GCA H EALTH AND SAFETY CH 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER 13 Administration shall maintain appropriate records o f the Fund and shall provide accounting and auditing services for the Fu nd. (h) Submission of Detailed Report of Deposits and E xpenditures on a Quarterly Basis. The Director of the Department of Administration, in conjunction with the Director of the Guam Behaviora l Health and Wellness Center, shall submit to the Speaker and the Chairpe rson of the Committee on Health & Human Services of I Liheslaturan Guåhan , or its equivalent successor, and I Maga’lahen Guåhan a detailed report of the revenue received and deposited into the Fund and all expend itures from the Fund on a quarterly basis. SOURCE: Added by P.L.

its equivalent successor, and I Maga’lahen Guåhan a detailed report of the revenue received and deposited into the Fund and all expend itures from the Fund on a quarterly basis. SOURCE: Added by P.L. 31-233:XII:31 (Sept. 7, 2012). Subse ctions (f)-(h) added by P.L. 31-239:4 (Dec. 6, 2012), effective upon DMH SA [Department of Mental Health and Substance Abuse] receiving certified sta tus from the Centers for Medicare and Medicaid Services, pursuant to P.L. 31-239:6. 2013 NOTE: P.L. 32-024:2 (May 6, 2013) renamed the Departmen t of Mental Health & Substance Abuse to the Guam Behavioral Health and Wellness Center. Reference to the Department of Mental Health & Substance Abuse w as changed to Guam Behavioral Health and Wellness Center pursuant to P .L. 32-024:4. --------- COL4122017