) (1) The Department, adhering to Federal regulations, local physical needs, feasibility and appropriateness, shall provide mental health, alcohol and drug abuse treatment services. The Department shall establish and adopt regulations concerning fees 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 services for children, the elderly and adults;

(D) individual, group, and family counseling services;

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(E) inpatient services to include but not be limited to acute psychiatric and alcohol and drug detoxification services. The department may contract in writing for the provision of inpatient services with any qualified providers. The department shall be responsible for insuring that the medical care standards and quality controls for inpatient services provided above are met.

(2) The Department shall provide mental health, alcohol and drug abuse prevention programs and services. Such programs and services shall include:

(A) affecting policy to change conditions to minimize the availability of drugs and other negative influences;

(B) training significant individuals, such as parents, teachers, commissioners, and parish priests, with prevention skills;

(C) providing information via clearinghouse for drug 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 competencies.

(3) There is established a Treatment Center within the Department whose head will be a classified employee who will report directly to the office of the Director. The head of the Treatment Center shall have responsibility for the treatment and prevention services outlined in § 86105(a)(1) and (2) of a qualified mental health professional 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 administer federal funds available from the U. S. Department of Health and Human Services, now or in the future for mental health, alcohol and drug abuse treatment and prevention programs. The Department is the exclusive governmental agency with the power and duty to apply for and receive such funds. The Department in applying for mental health, alcohol and/or drug abuse grants from all sources is required to coordinate the development of such grant proposals with the Guam Health Planning and Development Agency to insure programs and services secured

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through such grant applications are in harmony with the plans developed by the Department. This shall not preclude nor prevent private sectors providers from applying for federal funds for which they are eligible.

(2) The Department shall develop and administer written policies and procedures to ensure that the mental health, alcohol and drug abuse programs that receive federal funds comply with those parts of federal law particularly applicable to mental health, alcohol and drug abuse programs.

(3) The Department shall develop and adopt written policies, procedures, and regulations to ensure that the administration of federally-funded mental health, alcohol and drug abuse programs complies with standards set by the territory of Guam 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 regards to monitoring and evaluating grants, subsidies, or purchase of service agreement. Applicants to whom a grant or subsidy has been made, or a purchase of service agreement awarded, shall agree to comply with such rules and procedures.

(c) The Department and the Guam Health Planning and Development Agency (GHPDA), pursuant to the Administrative Adjudication Act, shall work jointly to adopt the standards and procedures for licensure of mental health, regulations shall be adopted within 18 months 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 the Department may be appealed to GHPDA. The Department Director shall assist in reviewing the credentials of mental health, drug and alcohol professionals.

(d) (1) (A) The Department shall annually review and amend, as necessary, the present territory of Guam Mental Health Five-Year State Plan: 1981-1986. Hereinafter the Department shall publish a Three-Year Plan and amend it annually.

(B) The Department shall develop and publish specific plans and projects for achieving the objectives established in the annual update to the Three-Year Plan.

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(C) The Department shall implement the Guam Three-Year
Plan, as it is annually amended.

(D) The Three-Year Plan, as it is annually amended, shall constitute the mental health component of the Territorial Health Plan prepared by Guam Health Planning and Development Agency. The Director of the Department shall execute an inter- agency agreement with GHPDA to govern the procedure by which the mental health plan shall be prepared for inclusion in the Territorial Health Plan.

(2) By December 31, 1986, the Department shall establish and publish a Three-Year Plan that describes the Department’s objectives through 1989 in planning, evaluating, monitoring, and developing mental health, alcohol and drug abuse services on Guam. The provisions in subsection (1) of this section that are applicable to the annual update of the present Five-Year Plan shall be applicable to the Three-Year Plan.

SOURCE: Added by P.L. 17-021:2 (Aug. 18, 1983) as GC § 85105. Codified as 10
GCA § 86105.

2013 NOTE: Pursuant the authority granted by 1 Guam Code Ann. § 1606, numbers and/or letters were altered to adhere to the Compiler’s alpha-numeric scheme.