TABLE OF CONTENTS
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Good News from Washington: Two Legislative Victories...... 2
Mental Health and Addiction Equity Act
Second Chance Act
Bad News from Washington...... 3
$198 Billion Proposed Substance Abuse Treatment and Prevention Cut
A Surprise for Treatment Advocates in Budget Bill...... 3
Update on Alcohol/Drug Legislation...... 4
Senate Bills
Senate Bills introduced since publication of Capitol Report #21...... 8
House Bills...... 8
House Bills introduced since publication of Capitol Report #21...... 12
Chief Justice of the Supreme Court Praises Missouri’s Drug Courts...... 13
MO Responds to Surgeon General’s Call to Action to Prevent and Reduce UAD...... 14
Missouri’s Youth/Adult Alliance (MYAA) Reports Alcopop Reclassification...... 15
MRN Invited to Participate in Civic Engagement Campaign...... 16
Register Now for MRN’s Advocacy Day & Recovery Rally...... 17
Missouri Mental Health Champions Awards Banquet April 16, 2008...... 17
Deadlines for Voter Registration and List of Candidates...... 17
Good News from Washington: Two Legislative Victories
Advocates for addiction and mental health treatment and recovery services celebrated two major legislative victories in March. The first was the passage by the U.S. House of Representatives of the Paul Wellstone Mental Health and Addiction Equity Act (H.R. 1424) on March 5. The legislation, which has been covered in previous issues of Capitol Report, represents a historic step in a long-term battle for equity and opposition to insurance discrimination. The battle is not over, since the Senate has passed its own version of parity legislation, and the two chambers will have to arrive at a compromise. The second victory came a week later, as Congress passed the Second Chance Act (H.R. 1593), which will help individuals returning to communities from the criminal justice system get their lives back on track. Both measures have been the subject of thousands of contacts with elected officials over a period of many years, by individuals and broadly-based coalitions, including faith community organizations at the national level.
The vote on the House parity bill was 268 to 148. A news feature by Join Together’s Bob Curley (March 6) includes statements by key people in the parity campaign and the challenge ahead:
“We’ve waited 12 long years for this historic day,” said Jim Ramstad (R-Minn.), co-chair of the Congressional Addiction, Treatment and Recovery Caucus with Rep. Patrick Kennedy (D-R.I.) I am grateful that the House has taken this important step to end the discrimination against people who need treatment for mental illness and chemical addiction.” Ramstad, who is retiring from the House, cosponsored the parity bill with Kennedy, who said he hoped passage of the legislation “will help erase the stigma associated with mental illness and substance abuse.”
The House bill received critical support from Speaker Nancy Pelosi (D-Calif.), who appeared at a pre-vote rally on the steps of the Capitol and spoke in favor of the measure during the floor debate on March 5. Pelosi said that ensuring that Americans have equal access to addiction and mental health treatment has economic benefits and also would benefit returning veterans. “Illness of the brain must be treated like illness anywhere else in the body,” said Pelosi, who called the Wellstone Act “a comprehensive bill to help end discrimination against those who seek treatment for mental illness.”
The strong bipartisan House vote is generally seen as an important message to the Senate, which passed the Mental Health Parity Act of 2007 by unanimous consent on September 18, 2007. Nevertheless, the task ahead of House/Senate negotiators is daunting, especially since there are only a few weeks left on the Congressional calendar, and there is strong opposition from the Bush administration, the U.S. Chamber of Commerce, and the trade association America’s Health Insurance Plans.
Pat Taylor, executive director of Faces and Voices of Recovery, said that while there are “significant differences” between the two bills, “we think they can be worked out. “ unlike the Senate bill, for example, the House legislation requires that out-of-plan addiction and mental-health treatment be covered by insurers if plans do so for other illnesses, and that insurers include coverage of all illnesses listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM), the “bible” of the mental-health field. That’s the same standard used in the Federal Employees Health Benefits Plan.”
The Missouri Recovery Network (MRN) has sent out an action alert from Faces and Voices of Recovery that its members “help keep the heat on Congress for this historic action. We know that the American public supports ending insurance discrimination ….. For too many years, we have heard promises of action, now Congress is poised to make the promise a reality…. We need your help in asking your Senators and Representatives to support passage of a strong bill this year.” For help in communications with members of Congress, visit
A wide-ranging coalition of civil rights, religious, health, housing and addiction worked in support of the Second Chance Act. The Bush administration has indicated its support for it and President Bush is expected to sign it. The Act reauthorizes a Dept. of Justice grant program for people returning to the community from incarceration; grants would be provided to states and local areas by providing substance abuse and mental health treatment, job training and education opportunities. The Act authorizes $110 million annually for this grant program. In order to receive grant funds, applicants would be required to provide an analysis and identification of regulatory and statutory barriers to an individual’s reentry into the community. Also, the Act requires coordination between various agencies, including state substance abuse, child welfare, and criminal justice agencies. Several other grant programs are authorized, including programs that strengthen addiction. It is important to note that this legislation authorizes, but does not appropriate, money for these grant programs. Funds would still need to be approved by the annual federal budgeting process. See for more detail.
Bad News from Washington
President Bush’s Federal Fiscal Year 2009 budget plan is drawing considerable concern from advocates for substance abuse prevention and treatment. Approximately $198 million would be cut from the budget of the Substance Abuse and Mental Health Services Administration (SAMHSA), the primary federal funding source for many state programs. Capitol Report will review the President’s recommendations to Congress, monitor Congressional reaction, and report on developments in future issues. The new federal fiscal year begins on October 1, 2008.
A Surprise for Treatment Advocates in Budget Bill
Passed by the Missouri House
The Missouri House of Representatives has passed the package of bills that constitute the state’s operating budget for Fiscal Year 2009, which begins on July 1, 2008. The $22.5 billion recommendation represents an increase of almost $1 billion over the current year. The bill passed by a vote of 87-66 on March 27. During the debate, Republican legislators described its budget as generous, but with the necessary fiscal restraint. Democrats noted at various points that it leaves much essential work undone. The Department of Mental Health’s share of the budget is $1,163,353,377. The Division of Alcohol and Drug Abuse would receive modest increases over the current year. The comparisons with the final FY2008 and earlier versions of the FY2009 bill are as follows:
Sections of DMHAppropriations Bill / FY2008 (HB1010)
Final -- May, 2007 / FY2009 (HB 2010)
Introduced / FY2009 (HB2010)
House Committee / FY2009 (HB 2010)
Approved by House
Administration / 2,303,944 / 2,390,712 / 2,390,712 / 2,390,712
Prevention & Education / 11,939,954 / 12,011,230 / 12,175,520 / 12,175,520
Treatment / 90,798,370 / 95,349,550 / 97,148,184 / 98,048,184
Compulsive Gambling / 485,340 / 490,810 / 499,638 / 499,638
SATOP Program / 4,480,338 / 4,524,294 / 4,600,632 / 4,600,632
Total / 110,007,946 / 114,766,596 / 116,814,686 / 117,714,686
For specific line items within sections, see
In earlier action, the Appropriations Subcommittee on Health, Mental Health, and Social Services had generally adhered to the governor’s recommendations, with a few exceptions. The Subcommittee decreased the state employee COLA (cost of living allowance) to 2% (later changed to a flat rate for all state employees) but increased the provider COLA to 2%. The Access to Recovery program for Faith Based Providers (federal funds), which has been deleted by the Governor, received $1.1 million. One Assertive Community Treatment (ACT) mental health team, a priority for Rep. Margaret Donnelly (D-St. Louis) but excluded by the Governor, was funded at $444,000. In its mark-ups, the Budget Committee added a 3% inflationary increase to community providers (from 1%), thanks to advocacy by Rep. Danie Moore (R-Fulton) and other committee members, including Rep. Donnelly and Rep. Rob Schaaf (St. Joseph). Rep. Moore chairs the Subcommittee on Appropriations for Public Safety & Corrections. She also got bipartisan support for an amendment increasing funding for mental health services for inmates leaving Dept. of Corrections custody.
The Alliance of Advocates for Mental Health an Substance Abuse Services noted that the Budget Committee ended the day with “a DMH budget that was significantly better than the day started (a net gain of $6 million in General Revenue) and a big thanks should go out to the committee members that listened to the community providers and the community advocates.” The Alliance urged advocates to send thank-you messages to those members.
During House debate on the budget, Rep. Jamilah Nasheed (D-St. Louis) offered an amendment which would have taken the money designated for laptop computers, as proposed by the Governor, and put it back into the Intervention Fund (Inmate Revolving Fund) to use for intervention and treatment of substance abuse. “It’s not right,” she said, “that money was not intended to be used for computers. We should be using it to reduce the recidivism rate, and to support re-entry into the community.” Her statements resulted in some confusion on the House floor, with Representatives not sure about the intent of the amendment. One House member noted that he had gotten “about 100 emails on this issue.” The amendment failed on a voice vote.
However, later in the debate, Budget Committee Chairman Allen Icet (R-Wildwood) offered an amendment which appropriates $900,000 from the Inmate Revolving Fund for a “meth treatment pilot project.” At this time it is unknown whether this is a response to the “intervention fee” controversy or some other development. It appeared to come as a surprise to those who have been following the progress of the budget for the Division of Alcohol and Drug Abuse. In any case, the $900,000 item is in the bill that was approved by the House and sent to the Senate on March 28 and will be taken up by the Senate Appropriations Committee.
The Senate Appropriations Committee will make its recommendations to the full Senate. These can be amended on the Senate floor. The final Senate version is likely to differ from the House version. A Conference Committee will negotiate the differences and a “truly agreed to and finally passed” version will have to be approved by both chambers. That version must be on the Governor’s desk by May 9. Then the Governor has the power to make changes in any line item via amendatory veto.
Update on Alcohol/Drug Legislation
More than 1,800 bills have been introduced to date in the 2008 session of the Missouri General Assembly. Action has been taken on the following bills included in Capitol Report #21. Bills on which no action was taken since that report have been deleted from this update.
Senate Bills
SB 724 - (Scott)– Gives advanced practice registered nurses who hold a certificate of controlled substance prescriptive authority to administer or dispense controlled substances in schedules II-V while operating under a collaborative practice agreement. 47 states have such a law. Referred to the Senate Committee on Financial & Governmental Organizations and Elections, which conducted a hearing on January 28. It was approved by the committee on February 4, passed by a Senate vote of 30-1 on February 19 and sent to the House. It was second read in the House on February 21.
SB 732 (Champion) –Establishes a drug monitoring program in the Dept. of Health and Senior Services and modifies existing record keeping for controlled substances and pseudoephedrine products. Referred to the Senate Committee on Seniors, Families & Public Health, which conducted a public hearing on January 29. The committee reported an SCS for the bill on February 14. The bill was passed by a Senate vote of 31-0, on March 13 and sent to the House. It was second read in the House on March 19.
SB736 - (Bartle)– Requires school districts to adopt policies for the random testing of student athletes for the unlawful use of drugs, including but not limited to anabolic steroids. Any student who tests positive shall not be allowed to participate in interscholastic athletics or intramural sports for the remainder of the year and the subsequent academic year. Referred to the Senate Committee on the Judiciary and Civil & Criminal Jurisprudence. This bill was combined with SB 747 below, becoming SCS SB’s 747 & 736). The final version of SB 747 (see below) does NOT include this provision.
SB 747 (Ridgeway) – Prohibits the use or possession of alcoholic beverage vaporizers and modifies provisions relating to underage drinking. Any person guilty of providing alcohol to a minor or who knowingly allows a minor to drink on his or her property or knowingly fails to stop a minor from drinking may be subject to a claim by the parent or legal guardian of such minor for resulting damages. Makes four changes to the Minor in Possession (MIP) law: (1) Prohibits any person who has three MIP violations from receiving cost reimbursement under the “A+ Schools Program; (2) allows any peace officer to request the minor to submit to a chemical test to determine BAC, and, if the person refuses, shall be deemed “visibly intoxicated;” (3) requires court clerks to forward copies of MIP judgments to be forwarded to the Highway Patrol within 20 days, and the information to be entered in the MULES system; and (4) prohibits the suspension of driving privileges for first MIP from being included in the person’s driving record, but allows internal use of such information by the Dept. of Revenue. Referred to the Senate Committee on the Judiciary and Civil & Criminal Jurisprudence. SS#2 for SCS was amended and adopted on March 6. The bill was passed by a Senate vote of 31-0 on March 13 and sent to the House. It was second read in the House on March 19.
SB 764 (Wilson) -- Waives the lifetime ban on food stamp eligibility for persons convicted of drug-related felonies. Provides that under an option contained in current federal law, a person who has a felony conviction under federal or state law involving possession, use or distribution of drugs shall be eligible for food stamp benefits if such person successfully participates in, has completed or “is subject to a waiting list to receive available treatment and enters the treatment program at the first available opportunity,” a treatment program “approved by the division of alcohol and drug abuse within the department of mental health,” or is determined by a certified treatment program not to need treatment. The person must meet all other requirements for program eligibility. Referred to the Senate Committee on Seniors, Families and Public Health, which conducted a hearing on February 6 and reported the bill to the Senate on February 28. After heated floor debate, it was amended and placed on the Informal Calendar on March 4.
Report: Legislative researchers have determined that this would add about 15,300 cases to the Dept. of Social Services food stamp caseload. The costs for a phased-in management of this caseload would be about $600,000 in FY2009 and more than $2 million in FY2011 (50% State General Revenue and 50% Federal Funds). The estimate does not calculate the value of food stamps to the recipient.
Several Republican Senators argued that this would be a soft-on-crime abuse of taxpayer money. Sen, Jason Crowell (R-Cape Girardeau) said: “Doing drugs is a poor lifestyle choice, and no Missouri taxpayer should have to be subjected to supporting another person’s poor lifestyle choice.” (AP, 03-05-08) Several Democratic Senators note that this was a valuable proposal to encourage people who have turned their lives around to continue their recovery. They said it was shocking that the state denies food aid to people in recovery. Missouri is one of only 14 states that impose a lifetime ban. The other 36 states have opted out of the ban, and make food stamps available to people in recovery.
Senators Chuck Purgason (R-Caulfield) and Jack Goodman (R-Mt. Vernon) amended the bill, first by requiring monthly drug testing by the Division of Alcohol and Drug Abuse, then by simply gutting the bill by adding the word “not” to the proposed waiver. Since the bill did not appear to have the necessary votes, the sponsor did not call for a final vote but asked that it be placed on the Informal Calendar, where many bills are sent to die. Majority Leader Charlie Shields (R-St. Joseph), who also opposes the bill, told AP that he might call the bill for further debate but did not say when that might occur.