By: Schwertner, et al. S.B. No. 955
A BILL TO BE ENTITLED
AN ACT
relating to the training of employees and contractors of local
mental health authorities and certain educators in mental health
first aid, the funding of mental health first aid 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 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 and includes the local behavioral
health authority for the NorthSTAR Behavioral Health Program.
(3) "Regional education service center" means a
regional education service center established under Chapter 8,
Education Code.
Sec. 1001.202. GRANTS FOR TRAINING OF MENTAL HEALTH FIRST
AID TRAINERS. (a) To the extent funds are appropriated to the
department for that purpose, the department shall make grants to
local mental health authorities to contract with persons approved
by the department to train employees or contractors of the
authorities as mental health first aid trainers.
(b) Except as provided by Subsection (c), the department
shall make each grant to a local mental health authority under this
section in an amount equal to $1,000 times the number of employees
or contractors of the authority whose training as mental health
first aid trainers will be paid by the grant.
(c) For each state fiscal year, the total amount the
department may grant to a local mental health authority under this
section may not exceed the lesser of $30,000 or three percent of the
funds appropriated to the department for making grants under this
section.
(d) The executive commissioner shall adopt rules to
establish the requirements for a person to be approved by the
department to train employees or contractors of a local mental
health authority as mental health first aid trainers. The rules
must ensure that a person who is approved by the department 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 employees or
contractors 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 local mental health authorities may
collaborate and share resources to provide training for employees
or contractors of the authorities under this section.
Sec. 1001.203. GRANTS FOR TRAINING CERTAIN EDUCATORS IN
MENTAL HEALTH FIRST AID. (a) To the extent funds are appropriated
to the department for that purpose, the department shall make
grants to local mental health authorities to provide an approved
mental health first aid training program, administered by mental
health first aid trainers, at no cost to educators.
(b) For each state fiscal year, the total amount the
department may grant to a local mental health authority under this
section may not exceed the lesser of $40,000 or three percent of the
funds appropriated to the department for making grants under this
section.
(c) Subject to the limit provided by Subsection (b), out of
the funds appropriated to the department for making grants under
this section, the department shall grant $100 to a local mental
health authority for each educator who successfully completes a
mental health first aid training program provided by the authority
under this section.
(d) A mental health first aid training program provided by a
local mental health authority under this section must:
(1) be conducted by a person trained as a mental health
first aid 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.
(e) A local mental health authority may contract with a
regional education service center to provide a mental health first
aid training program to educators under this section.
(f) Two or more local mental health authorities may
collaborate and share resources to develop and operate a mental
health first aid training program under this section.
Sec. 1001.204. PLANS FOR MENTAL HEALTH FIRST AID TRAINING
PROGRAMS. (a) Not later than October 1 of each state fiscal year
for which a local mental health authority will seek a grant from the
department under Section 1001.203, the authority shall submit to
the department a plan demonstrating the manner in which grants made
to the authority under that section will be used:
(1) to train individuals in mental health first aid
throughout the authority's local service area to maximize the
number of children who have direct contact with an individual who
has successfully completed a mental health first aid training
program provided by the authority;
(2) to meet the greatest needs of the authority's local
service area, as identified by the authority; and
(3) to complement existing resources and not duplicate
established mental health first aid training efforts.
(b) The department may not make a grant to a local mental
health authority under Section 1001.203 unless the department has
evaluated a plan submitted by the authority under this section.
Sec. 1001.205. REPORTS. (a) Not later than July 1 of each
year, a local mental health authority shall provide to the
department the number of:
(1) employees and contractors of the authority who
were trained as mental health first aid trainers under Section
1001.202;
(2) educators who completed a mental health first aid
training program offered by the authority under Section 1001.203
during the preceding calendar year; and
(3) individuals who are not educators who completed a
mental health first aid training program offered by the authority
during the preceding calendar year.
(b) Not later than August 1 of each year, the department
shall compile the information submitted by local mental health
authorities as required by Subsection (a) and submit a report to the
legislature containing the number of:
(1) authority employees and contractors trained as
mental health first aid trainers;
(2) educators who completed a mental health first aid
training program provided by an authority during the preceding
calendar year; and
(3) individuals who are not educators who completed a
mental health first aid training program provided by an authority
during the preceding calendar year.
Sec. 1001.206. LIABILITY. A person who has completed a
mental health first aid training program offered by a local mental
health authority 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 training program offered by a local mental
health authority 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
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.