As Introduced
135th General Assembly
Regular Session H. B. No. 227
2023-2024
Representative Pizzulli
A BILL
To amend sections 340.01, 340.02, 340.022, 340.03, 1
340.032, 340.033, 340.034, 340.035, 340.036, 2
340.04, 340.30, 5119.01, 5119.36, 5119.363, 3
5119.48, 5119.61, 5119.90, 5119.99, and 5160.45; 4
to enact sections 5119.39, 5119.391, 5119.392, 5
5119.393, 5119.394, 5119.395, 5119.396, and 6
5119.397; and to repeal sections 340.20 and 7
3720.041 of the Revised Code regarding the 8
composition of boards of alcohol, drug 9
addiction, and mental health services; the 10
authority of the boards; and the requirements 11
for operation of recovery housing residences. 12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 340.01, 340.02, 340.022, 340.03, 13
340.032, 340.033, 340.034, 340.035, 340.036, 340.04, 340.30, 14
5119.01, 5119.36, 5119.363, 5119.48, 5119.61, 5119.90, 5119.99, 15
and 5160.45 be amended and sections 5119.39, 5119.391, 5119.392, 16
5119.393, 5119.394, 5119.395, 5119.396, and 5119.397 of the 17
Revised Code be enacted to read as follows: 18
Sec. 340.01. (A) As used in this chapter: 19
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As Introduced
(1) "Addiction," "addiction services," "alcohol and drug 20
addiction services," "alcoholism," "alcohol use disorder," 21
"certifiable services and supports," "community addiction 22
services provider," "community mental health services provider," 23
"drug addiction," "gambling addiction services," "included 24
opioid and co-occurring drug addiction services and recovery 25
supports," "mental health services," "mental illness," "recovery 26
housing residence," and "recovery supports" have the same 27
meanings as in section 5119.01 of the Revised Code. 28
(2) "Medication-assisted treatment" means alcohol and drug 29
addiction services that are accompanied by medication approved 30
by the United States food and drug administration for the 31
treatment of alcoholism alcohol use disorder or drug addiction, 32
prevention of relapse of alcoholism or drug addiction, or both. 33
(3) "Recovery housing" means housing for individuals 34
recovering from alcoholism or drug addiction that provides an 35
alcohol and drug-free living environment, peer support, 36
assistance with obtaining alcohol and drug addiction services, 37
and other alcoholism and drug addiction recovery assistance. 38
(B) An alcohol, drug addiction, and mental health service 39
district shall be established in any county or combination of 40
counties having a population of at least fifty thousand. With 41
the approval of the director of mental health and addiction 42
services, any county or combination of counties having a 43
population of less than fifty thousand may establish such a 44
district. Districts comprising more than one county shall be 45
known as joint-county districts. 46
The board of county commissioners of any county 47
participating in a joint-county district may submit a resolution 48
requesting withdrawal from the district together with a 49
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As Introduced
comprehensive plan or plans that are in compliance with rules 50
adopted by the director of mental health and addiction services 51
under section 5119.22 of the Revised Code, and that provide for 52
the equitable adjustment and division of all services, assets, 53
property, debts, and obligations, if any, of the joint-county 54
district to the board of alcohol, drug addiction, and mental 55
health services, to the boards of county commissioners of each 56
county in the district, and to the director. The plan or plans 57
shall include all of the following: proposed bylaws for the 58
operation of the newly established district; a list of potential 59
board members; a list of the behavioral health services 60
available in the newly established district, including 61
inpatient, outpatient, prevention, and housing services; 62
equitable adjustment and division of all services, assets, 63
property, debts, and obligations of the former joint-county 64
district; a plan ensuring no disruption in behavioral health 65
services in the newly established district; and provision for 66
the employment of an executive director of the newly established 67
district. 68
The director shall approve the plan not later than one 69
year after the date the resolution was adopted by the board of 70
county commissioners. No county participating in a joint-county 71
service district may withdraw from the district without the 72
consent of the director of mental health and addiction services 73
nor earlier than one year after the submission of such 74
resolution unless all of the participating counties agree to an 75
earlier withdrawal. Any 76
Any county withdrawing from a joint-county district shall 77
continue to have levied against its tax list and duplicate any 78
tax levied by the district during the period in which the county 79
was a member of the district until such time as the levy expires 80
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As Introduced
or is renewed or replaced. 81
(C) For any tax levied under section 5705.19 of the 82
Revised Code by a board of a joint-county district formed on or 83
after the effective date of this amendment April 3, 2023, 84
revenue from the tax shall only be expended for the benefit of 85
the residents of the county from which the revenue is derived. 86
For the purpose of this division, a joint-county district is not 87
formed by virtue of a county joining or withdrawing from a 88
district or if a joint-county service district merges with 89
another joint-county district. 90
Sec. 340.02. (A) For each alcohol, drug addiction, and 91
mental health service district, there shall be appointed a board 92
of alcohol, drug addiction, and mental health services 93
consisting . As provided in this section, the board shall 94
consist of eighteen members or , fifteen members, fourteen 95
members, twelve members, or nine members. Should the board of 96
alcohol, drug addiction, and mental health services elect to 97
remain at eighteen members, as provided under section 340.02 of 98
the Revised Code as it existed immediately prior to the date of 99
this amendment, the board of alcohol, drug addiction, and mental 100
health services and the board of county commissioners shall not 101
be required to take any action. Should the board of alcohol, 102
drug addiction, and mental health services elect a 103
recommendation to become a fourteen-member board, that 104
recommendation must be approved by the board of county 105
commissioners of the county in which the alcohol, drug 106
addiction, and mental health district is located in order for 107
the transition to a fourteen-member board to occur. Not later 108
than September 30, 2013, each board of alcohol, drug addiction, 109
and mental health services wishing to become a fourteen-member 110
board shall notify the board of county commissioners of that 111
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As Introduced
recommendation. Failure of the board of county commissioners to 112
take action within thirty days after receipt of the 113
recommendation shall be deemed agreement by the board of county 114
commissioners to transition to a fourteen-member board of 115
alcohol, drug addiction, and mental health services. Should the 116
board of county commissioners reject the recommendation, the 117
board of county commissioners shall adopt a resolution stating 118
that rejection within thirty days after receipt of the 119
recommendation. Upon adoption of the resolution, the board of 120
county commissioners shall meet with the board of alcohol, drug 121
addiction, and mental health services to discuss the matter. 122
After the meeting, the board of county commissioners shall 123
notify the department of mental health and addiction services of 124
its election not later than January 1, 2014. In a joint-county 125
district, a majority of the boards of county commissioners must 126
not reject the recommendation of a joint-county board to become 127
a fourteen-member board in order for the transition to a 128
fourteen-member board to occur. Should the joint-county district 129
have an even number of counties, and the boards of county 130
commissioners of these counties tie in terms of whether or not 131
to accept the recommendation of the alcohol, drug addiction, and 132
mental health services board, the recommendation of the alcohol, 133
drug addiction, and mental health service board to become a 134
fourteen-member board shall prevail. The election shall be 135
final. Failure to provide notice of its election to the 136
department on or before January 1, 2014, shall constitute an 137
election to continue to operate as an eighteen-member board, 138
which election shall also be final. If an existing board 139
provides timely notice of its election to transition to operate 140
as a fourteen-member board, the number of board members may 141
decline from eighteen to fourteen by attrition as current 142
members' terms expire. However, the composition of the board 143
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must reflect the requirements set forth in this section for 144
fourteen-member boards. For all boards, half of the members 145
shall be interested in mental health services and half of the 146
members shall be interested in alcohol, drug, or gambling 147
addiction services. 148
In a single-county district, the size of the board shall 149
be determined by the board of county commissioners representing 150
the county that constitutes the district. In a joint-county 151
district, the size of the board shall be determined jointly by 152
all of the boards of county commissioners representing the 153
counties that constitute the district. 154
The determination of board size shall be made by selecting 155
one of the options described in division (B) of this section. 156
After an option is selected and implemented, a subsequent 157
determination of board size may be made, except that subsequent 158
determinations shall not occur more frequently than once every 159
four calendar years. 160
If a selected option would result in a change in board 161
size, before the option may be implemented the board of county 162
commissioners or boards of county commissioners, as the case may 163
be, shall send a representative to a meeting of the board of 164
alcohol, drug addiction, and mental health services to solicit 165
feedback about the matter. After considering any feedback 166
received, the board or boards of county commissioners may 167
proceed with implementing the change in board size. If the 168
change results in a reduction of board members, the reduction 169
shall be implemented by not filling vacancies as they occur. 170
To implement a selected option that would result in the 171
establishment of a new board of alcohol, drug addiction, and 172
mental health services or in a change in size of an existing 173
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As Introduced
board, the board or boards of county commissioners, as the case 174
may be, shall adopt a resolution specifying the board size that 175
has been selected. The board or boards of county commissioners 176
also shall notify the department of mental health and addiction 177
services of the board size that has been selected. 178
(B)(1) In the case of a board of alcohol, drug addiction, 179
and mental health services that is established on or after the 180
effective date of this amendment, any of the following options 181
may be selected for purposes of division (A) of this section: 182
(a) To establish the board as an eighteen-member board; 183
(b) To establish the board as a fifteen-member board; 184
(c) To establish the board as a fourteen-member board; 185
(d) To establish the board as a twelve-member board; 186
(e) To establish the board as a nine-member board; 187
(f) To change the board's size after it has been 188
established by selecting a number of members that is eighteen, 189
fifteen, fourteen, twelve, or nine, as the case may be. 190
(2) In the case of a board of alcohol, drug addiction, and 191
mental health services that existed immediately prior to the 192
effective date of this amendment, either of the following 193
options may be selected for purposes of division (A) of this 194
section: 195
(a) To continue the board's operation as an eighteen- 196
member or fourteen-member board, as a board of that size was 197
authorized prior to the effective date of this amendment, in 198
which case no further action is required; 199
(b) To change the board's size by selecting a number of 200
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As Introduced
members that is eighteen, fifteen, fourteen, twelve, or nine as 201
the case may be. 202
(C) All members shall be residents of the service 203
district. The membership shall, as nearly as possible, reflect 204
the composition of the population of the service district as to 205
race and sex. 206
(B) For boards operating as eighteen-member boards, the 207
The director of mental health and addiction services shall 208
appoint eight one-third of the members of the board and the 209
board of county commissioners shall appoint ten two-thirds of 210
the members. For boards operating as fourteen-member boards, the 211
director of mental health and addiction services shall appoint 212
six members of the board and the board of county commissioners 213
shall appoint eight members. In a joint-county district, the 214
board of county commissioners of each participating county shall 215
appoint members in as nearly as possible the same proportion as 216
that county's population bears to the total population of the 217
district, except that at least one member shall be appointed 218
from each participating county. 219
(C) The director of mental health and addiction services 220
shall ensure that at least one member of the board is a 221
clinician with experience in the del