This chapter establishes the governance structure for District Behavioral Health Advisory Councils in Iowa, including rules for member appointment, officer elections, meeting requirements, quorum, and subcommittees. It does not license, certify, or set operating standards for any specific behavioral health facility or level of care. Compliance staff should note this regulation governs advisory council administration only, not facility operations.
View official sourceCHAPTER 304 DISTRICT BEHA VIORAL HEALTH ADVISORY COUNCILS Chapter rescission date pursuant to Iowa Code section 17A.7: 7/1/30 441—304.1(225A) Definitions. For the purpose of this chapter, the following definitions apply: “Chairperson” means the chairperson of the district behavioral health advisory council who has been elected by a majority of advisory council members. “District behavioral health advisory council” or “advisory council” means the same as defined in Iowa Code section 225A.1. [ARC 9274C, IAB 5/14/25, effective 7/1/25] 441—304.2(225A) Appointment. 304.2(1) The members of the advisory council will be appointed by the BH-ASO in accordance with the parameters of Iowa Code section 225A.5. 304.2(2) The appointments will be for three-year staggered terms that expire on June 30. 304.2(3) Vacancies will be filled in accordance with requirements established in the district contract. Members appointed to fill a vacancy will serve for the balance of the unexpired term. 304.2(4) Absences. a. Three unexcused absences in a 12-month period constitutes grounds for the BH-ASO to request nomination of an alternate representative to fill the position. b. Absences may be excused by notification provided to the chairperson prior to the meeting. c. The chairperson of the advisory council is charged with providing notification of absences to the BH-ASO. [ARC 9274C, IAB 5/14/25, effective 7/1/25] 441—304.3(225A) Officers. 304.3(1) Officers of the advisory council will consist of a chairperson and a vice chairperson, who will be elected at the first meeting of each fiscal year. a. An officer may serve no more than three consecutive terms as chairperson or vice chairperson. b. A vacancy in the office of chairperson will be filled by elevation of the vice chairperson. c. A vacancy in the office of vice chairperson will be filled by election at the next meeting after the vacancy occurs. d. A vacancy must be filled by an individual meeting the same qualifications as the departing advisory council member in accordance with Iowa Code section 225A.5. 304.3(2) Duties of officers. a. The chairperson will: (1) Preside at all meetings of the advisory council; (2) Appoint subcommittees as deemed necessary; and (3) Designate the chairperson of each subcommittee. b. The vice chairperson will: (1) Perform the duties of the chairperson if the chairperson is absent or unable to act. When so acting, the vice chairperson will have all the powers of and be subject to all restrictions upon the chairperson. (2) Perform other duties as may be assigned by the chairperson. [ARC 9274C, IAB 5/14/25, effective 7/1/25] 441—304.4(225A) Meetings. 304.4(1) The advisory council will establish a meeting schedule on an annual basis to conduct its business. There will be a minimum of four meetings per year. 304.4(2) A majority of appointed members constitutes a quorum. 304.4(3) When a quorum is present, a position is carried by affirmative vote of the majority of those present. No official business that requires a vote of the membership will be conducted without a quorum present. Human Services[441]IAC 5/14/25 Ch 304, p.1 [ARC 9274C, IAB 5/14/25, effective 7/1/25] 441—304.5(225A) Subcommittees. The advisory council may designate one or more subcommittees to perform such duties as may be deemed necessary. [ARC 9274C, IAB 5/14/25, effective 7/1/25] 441—304.6(225A) Advisory council composition. The advisory council’s composition will be developed and maintained pursuant to Iowa Code chapter 225A. [ARC 9274C, IAB 5/14/25, effective 7/1/25] These rules are intended to implement Iowa Code section 225A.5. [Filed ARC 9274C (Notice ARC 9016C, IAB 3/19/25), IAB 5/14/25, effective 7/1/25] Human Services[441]Ch 304, p.2 IAC 5/14/25