A. The Commissioner of Mental Health and Substance Abuse Services shall have charge of the administration of the Department of Mental Health and Substance Abuse Services as directed by the Board of Mental Health and Substance Abuse Services and shall be charged with the duty of carrying out the provisions of the Mental Health Law. The duties of the Commissioner shall include, but not be limited to, the following:

1. Supervising the activities of the Department;

2. Prescribing rules and regulations, as approved by the Board of Mental Health and Substance Abuse Services, for the efficient, uniform, and professional operation of the Department, consistent with the mission of the Department, including the official forms used or described in this title;

3. Prescribing policies and procedures for the operation of the Department;

4. Employing necessary personnel to perform the duties of the Department, prescribing titles and duties, and fixing compensation, including the employment of attorneys to provide legal assistance to the Department;

5. Accepting, using, disbursing, and administering grants, allotments, gifts, devises, bequests, appropriations, and other monies and property offered or given to the Department, or any component or agency thereof, by an agency of the federal government or any corporation or individual for the use of the Department;

6. Making contracts and agreements with other departments of this state to carry out the provisions of this section;

7. Acting as the official agency of this state in all matters relating to mental health or substance abuse which require or authorize cooperation of this state with the federal government or any agency thereof; coordinating the activities of the Department with those of the federal government or any department or agency thereof, and with other states, on matters pertaining to mental health and substance abuse, and entering into agreements for such purpose;

8. Aiding, assisting, and cooperating with other state agencies, government entities, institutions of higher learning, public schools, and others interested in public education regarding the issues of mental health and substance abuse in the establishment of sound mental health and substance abuse programs in this state; and

9. Designating the type of consumer that will be cared for at each facility and designating hospital or community mental health center districts for the purpose of determining to which facilities within the Department or community mental health centers persons committed from each county shall initially be sent. These designations may be changed from time to time.

B. The Commissioner or designee may delay inpatient admissions when such admissions would cause facilities to exceed their authorized capacity.

C. Consumers may be transferred from one facility to another within the Department on the authority of the Commissioner as provided for in the Mental Health Law.

D. The Commissioner shall have any other power necessary to implement the provisions of the Mental Health Law.

Added by Laws 2008, c. 401, § 4, eff. Nov. 1, 2008.