83R28923 EES-D
By: Schwertner, et al. S.B. No. 955
(Kolkhorst)
Substitute the following for S.B. No. 955: No.
A BILL TO BE ENTITLED
AN ACT
relating to the training of certain persons in mental health first
aid and assistance, the funding of mental health first aid and
assistance training, and the liability of certain persons providing
assistance to persons experiencing a mental health crisis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1001, Health and Safety Code, is amended
by adding Subchapter H to read as follows:
SUBCHAPTER H. MENTAL HEALTH FIRST AID AND ASSISTANCE TRAINING
Sec. 1001.201. DEFINITIONS. In this subchapter:
(1) "Educator" means a person who is required to hold a
certificate issued under Subchapter B, Chapter 21, Education Code.
(2) "Local mental health authority" has the meaning
assigned by Section 531.002.
(3) "Regional education service center" means a
regional education service center established under Chapter 8,
Education Code.
Sec. 1001.202. REQUEST FOR PROPOSALS FOR TRAINING OF MENTAL
HEALTH FIRST AID AND ASSISTANCE TRAINERS. (a) To the extent funds
are appropriated to the department for that purpose, the department
shall establish a request for proposals process to select providers
and award funds to those providers to train individuals as mental
health first aid and assistance trainers.
(b) Except as provided by Subsection (c), the department
shall award each provider whose proposal is accepted under this
section an amount equal to $1,000 times the number of individuals
the provider will train as mental health first aid or assistance
trainers.
(c) For each state fiscal year, the total amount the
department may award to providers whose proposals are accepted
under this section for the training of mental health first aid and
assistance trainers in a single local mental health authority's
local service area may not exceed the lesser of $30,000 or three
percent of the funds appropriated to the department for selecting
and awarding funds to providers under this section.
(d) The executive commissioner shall adopt rules to
establish the requirements for a provider to be selected by the
department to train individuals as mental health first aid and
assistance trainers. The rules must ensure that a provider who is
selected by the department has experience in providing and is
qualified to provide training in:
(1) the potential risk factors and warning signs for
various mental illnesses, including depression, anxiety, trauma,
psychosis, eating disorders, substance abuse disorders, and
self-injury;
(2) the prevalence of various mental illnesses in the
United States and the need to reduce the stigma associated with
mental illness;
(3) an action plan for use by the individuals being
trained that involves the use of skills, resources, and knowledge
to assess a situation and develop and implement an appropriate
intervention to help an individual experiencing a mental health
crisis obtain appropriate professional care; and
(4) the evidence-based professional, peer, social,
and self-help resources available to help individuals with mental
illness.
(e) Two or more providers may collaborate and share
resources to provide training under this section.
Sec. 1001.203. REQUEST FOR PROPOSALS FOR TRAINING CERTAIN
EDUCATORS IN MENTAL HEALTH FIRST AID AND ASSISTANCE. (a) To the
extent funds are appropriated to the department for that purpose,
the department shall establish a request for proposals process to
select providers and award funds to those providers to provide an
approved mental health first aid or assistance training program or
other evidence-based mental health assistance program,
administered by mental health first aid or assistance trainers, at
no cost to educators.
(b) For each state fiscal year, the total amount the
department may award to providers whose proposals are accepted
under this section for the provision of a mental health first aid or
assistance training program in a single local mental health
authority's local service area may not exceed the lesser of $40,000
or three percent of the funds appropriated to the department for
selecting and awarding funds to providers under this section.
(c) Subject to the limit provided by Subsection (b), out of
the funds appropriated to the department for selecting and awarding
funds to providers under this section, the department shall award
$100 to a provider for each educator who successfully completes a
mental health first aid or assistance training program provided by
the provider under this section.
(d) The executive commissioner shall adopt rules to
establish the requirements for a provider to be selected by the
department to provide a mental health first aid or assistance
training program. The rules must ensure that a provider who is
selected by the department has experience providing a mental health
first aid or assistance training program.
(e) A mental health first aid or assistance training program
provided under this section must:
(1) be conducted by an individual trained as a mental
health first aid or assistance trainer;
(2) provide participants with the skills necessary to
help an individual experiencing a mental health crisis until the
individual is able to obtain appropriate professional care; and
(3) include:
(A) instruction in a five-step strategy for
helping an individual experiencing a mental health crisis,
including assessing risk, listening respectfully to and supporting
the individual, and identifying professional help and other
supports for the individual;
(B) an introduction to the risk factors and
warning signs for mental illness and substance abuse problems;
(C) experiential activities to increase
participants' understanding of the impact of mental illness on
individuals and families; and
(D) a presentation of evidence-supported
treatment and self-help strategies.
(f) A provider may contract with a regional education
service center to provide a mental health first aid or assistance
training program to educators under this section.
(g) Two or more providers may collaborate and share
resources to develop and operate a mental health first aid or
assistance training program under this section.
Sec. 1001.204. PLANS FOR MENTAL HEALTH FIRST AID OR
ASSISTANCE TRAINING PROGRAMS. (a) Not later than October 1 of
each state fiscal year for which a provider will submit a proposal
to the department under Section 1001.203, the provider shall submit
to the department a plan demonstrating the manner in which any funds
awarded to the provider under that section will be used:
(1) to train individuals in mental health first aid or
assistance to maximize the number of children who have direct
contact with an individual who has successfully completed a mental
health first aid or assistance training program provided by the
provider;
(2) to meet the greatest needs of the local service
area where the provider will provide the training, as identified by
the provider; and
(3) to complement existing resources and not duplicate
established mental health first aid or assistance training efforts.
(b) The department may not select a proposal submitted by a
provider under Section 1001.203 unless the department has evaluated
a plan submitted by the provider under this section.
Sec. 1001.205. REPORTS. (a) Not later than July 1 of each
year, a provider shall provide to the department the number of:
(1) individuals who were trained as mental health
first aid or assistance trainers under Section 1001.202;
(2) educators who completed a mental health first aid
or assistance training program offered by the provider under
Section 1001.203 during the preceding calendar year; and
(3) individuals who are not educators who completed a
mental health first aid or assistance training program offered by
the provider during the preceding calendar year.
(b) Not later than August 1 of each year, the department
shall compile the information submitted by providers as required by
Subsection (a) and submit a report to the legislature containing
the number of:
(1) individuals trained as mental health first aid or
assistance trainers;
(2) educators who completed a mental health first aid
or assistance training program provided by a provider during the
preceding calendar year; and
(3) individuals who are not educators who completed a
mental health first aid or assistance training program provided by
a provider during the preceding calendar year.
Sec. 1001.206. LIABILITY. A person who has completed a
mental health first aid or assistance training program offered by a
provider under this subchapter and who in good faith attempts to
assist an individual experiencing a mental health crisis is not
liable in civil damages for an act performed in attempting to assist
the individual unless the act is wilfully or wantonly negligent.
SECTION 2. Section 21.054, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) The board shall adopt rules that allow an educator to
fulfill up to 12 hours of continuing education by participating in a
mental health first aid or assistance training program offered by a
provider under Section 1001.203, Health and Safety Code. The
number of hours of continuing education an educator may fulfill
under this subsection may not exceed the number of hours the
educator actually spends participating in a mental health first aid
or assistance training program.
SECTION 3. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law in effect immediately before that
date, and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2013.