Texas 2013 - 83rd Regular

Texas Senate Bill SB955 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	83R28923 EES-D
2	2	By: Schwertner, et al. S.B. No. 955
3	3	(Kolkhorst)
4	4	Substitute the following for S.B. No. 955: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the training of certain persons in mental health first
10	10	aid and assistance, the funding of mental health first aid and
11	11	assistance training, and the liability of certain persons providing
12	12	assistance to persons experiencing a mental health crisis.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 1001, Health and Safety Code, is amended
15	15	by adding Subchapter H to read as follows:
16	16	SUBCHAPTER H. MENTAL HEALTH FIRST AID AND ASSISTANCE TRAINING
17	17	Sec. 1001.201. DEFINITIONS. In this subchapter:
18	18	(1) "Educator" means a person who is required to hold a
19	19	certificate issued under Subchapter B, Chapter 21, Education Code.
20	20	(2) "Local mental health authority" has the meaning
21	21	assigned by Section 531.002.
22	22	(3) "Regional education service center" means a
23	23	regional education service center established under Chapter 8,
24	24	Education Code.
25	25	Sec. 1001.202. REQUEST FOR PROPOSALS FOR TRAINING OF MENTAL
26	26	HEALTH FIRST AID AND ASSISTANCE TRAINERS. (a) To the extent funds
27	27	are appropriated to the department for that purpose, the department
28	28	shall establish a request for proposals process to select providers
29	29	and award funds to those providers to train individuals as mental
30	30	health first aid and assistance trainers.
31	31	(b) Except as provided by Subsection (c), the department
32	32	shall award each provider whose proposal is accepted under this
33	33	section an amount equal to $1,000 times the number of individuals
34	34	the provider will train as mental health first aid or assistance
35	35	trainers.
36	36	(c) For each state fiscal year, the total amount the
37	37	department may award to providers whose proposals are accepted
38	38	under this section for the training of mental health first aid and
39	39	assistance trainers in a single local mental health authority's
40	40	local service area may not exceed the lesser of $30,000 or three
41	41	percent of the funds appropriated to the department for selecting
42	42	and awarding funds to providers under this section.
43	43	(d) The executive commissioner shall adopt rules to
44	44	establish the requirements for a provider to be selected by the
45	45	department to train individuals as mental health first aid and
46	46	assistance trainers. The rules must ensure that a provider who is
47	47	selected by the department has experience in providing and is
48	48	qualified to provide training in:
49	49	(1) the potential risk factors and warning signs for
50	50	various mental illnesses, including depression, anxiety, trauma,
51	51	psychosis, eating disorders, substance abuse disorders, and
52	52	self-injury;
53	53	(2) the prevalence of various mental illnesses in the
54	54	United States and the need to reduce the stigma associated with
55	55	mental illness;
56	56	(3) an action plan for use by the individuals being
57	57	trained that involves the use of skills, resources, and knowledge
58	58	to assess a situation and develop and implement an appropriate
59	59	intervention to help an individual experiencing a mental health
60	60	crisis obtain appropriate professional care; and
61	61	(4) the evidence-based professional, peer, social,
62	62	and self-help resources available to help individuals with mental
63	63	illness.
64	64	(e) Two or more providers may collaborate and share
65	65	resources to provide training under this section.
66	66	Sec. 1001.203. REQUEST FOR PROPOSALS FOR TRAINING CERTAIN
67	67	EDUCATORS IN MENTAL HEALTH FIRST AID AND ASSISTANCE. (a) To the
68	68	extent funds are appropriated to the department for that purpose,
69	69	the department shall establish a request for proposals process to
70	70	select providers and award funds to those providers to provide an
71	71	approved mental health first aid or assistance training program or
72	72	other evidence-based mental health assistance program,
73	73	administered by mental health first aid or assistance trainers, at
74	74	no cost to educators.
75	75	(b) For each state fiscal year, the total amount the
76	76	department may award to providers whose proposals are accepted
77	77	under this section for the provision of a mental health first aid or
78	78	assistance training program in a single local mental health
79	79	authority's local service area may not exceed the lesser of $40,000
80	80	or three percent of the funds appropriated to the department for
81	81	selecting and awarding funds to providers under this section.
82	82	(c) Subject to the limit provided by Subsection (b), out of
83	83	the funds appropriated to the department for selecting and awarding
84	84	funds to providers under this section, the department shall award
85	85	$100 to a provider for each educator who successfully completes a
86	86	mental health first aid or assistance training program provided by
87	87	the provider under this section.
88	88	(d) The executive commissioner shall adopt rules to
89	89	establish the requirements for a provider to be selected by the
90	90	department to provide a mental health first aid or assistance
91	91	training program. The rules must ensure that a provider who is
92	92	selected by the department has experience providing a mental health
93	93	first aid or assistance training program.
94	94	(e) A mental health first aid or assistance training program
95	95	provided under this section must:
96	96	(1) be conducted by an individual trained as a mental
97	97	health first aid or assistance trainer;
98	98	(2) provide participants with the skills necessary to
99	99	help an individual experiencing a mental health crisis until the
100	100	individual is able to obtain appropriate professional care; and
101	101	(3) include:
102	102	(A) instruction in a five-step strategy for
103	103	helping an individual experiencing a mental health crisis,
104	104	including assessing risk, listening respectfully to and supporting
105	105	the individual, and identifying professional help and other
106	106	supports for the individual;
107	107	(B) an introduction to the risk factors and
108	108	warning signs for mental illness and substance abuse problems;
109	109	(C) experiential activities to increase
110	110	participants' understanding of the impact of mental illness on
111	111	individuals and families; and
112	112	(D) a presentation of evidence-supported
113	113	treatment and self-help strategies.
114	114	(f) A provider may contract with a regional education
115	115	service center to provide a mental health first aid or assistance
116	116	training program to educators under this section.
117	117	(g) Two or more providers may collaborate and share
118	118	resources to develop and operate a mental health first aid or
119	119	assistance training program under this section.
120	120	Sec. 1001.204. PLANS FOR MENTAL HEALTH FIRST AID OR
121	121	ASSISTANCE TRAINING PROGRAMS. (a) Not later than October 1 of
122	122	each state fiscal year for which a provider will submit a proposal
123	123	to the department under Section 1001.203, the provider shall submit
124	124	to the department a plan demonstrating the manner in which any funds
125	125	awarded to the provider under that section will be used:
126	126	(1) to train individuals in mental health first aid or
127	127	assistance to maximize the number of children who have direct
128	128	contact with an individual who has successfully completed a mental
129	129	health first aid or assistance training program provided by the
130	130	provider;
131	131	(2) to meet the greatest needs of the local service
132	132	area where the provider will provide the training, as identified by
133	133	the provider; and
134	134	(3) to complement existing resources and not duplicate
135	135	established mental health first aid or assistance training efforts.
136	136	(b) The department may not select a proposal submitted by a
137	137	provider under Section 1001.203 unless the department has evaluated
138	138	a plan submitted by the provider under this section.
139	139	Sec. 1001.205. REPORTS. (a) Not later than July 1 of each
140	140	year, a provider shall provide to the department the number of:
141	141	(1) individuals who were trained as mental health
142	142	first aid or assistance trainers under Section 1001.202;
143	143	(2) educators who completed a mental health first aid
144	144	or assistance training program offered by the provider under
145	145	Section 1001.203 during the preceding calendar year; and
146	146	(3) individuals who are not educators who completed a
147	147	mental health first aid or assistance training program offered by
148	148	the provider during the preceding calendar year.
149	149	(b) Not later than August 1 of each year, the department
150	150	shall compile the information submitted by providers as required by
151	151	Subsection (a) and submit a report to the legislature containing
152	152	the number of:
153	153	(1) individuals trained as mental health first aid or
154	154	assistance trainers;
155	155	(2) educators who completed a mental health first aid
156	156	or assistance training program provided by a provider during the
157	157	preceding calendar year; and
158	158	(3) individuals who are not educators who completed a
159	159	mental health first aid or assistance training program provided by
160	160	a provider during the preceding calendar year.
161	161	Sec. 1001.206. LIABILITY. A person who has completed a
162	162	mental health first aid or assistance training program offered by a
163	163	provider under this subchapter and who in good faith attempts to
164	164	assist an individual experiencing a mental health crisis is not
165	165	liable in civil damages for an act performed in attempting to assist
166	166	the individual unless the act is wilfully or wantonly negligent.
167	167	SECTION 2. Section 21.054, Education Code, is amended by
168	168	adding Subsection (d) to read as follows:
169	169	(d) The board shall adopt rules that allow an educator to
170	170	fulfill up to 12 hours of continuing education by participating in a
171	171	mental health first aid or assistance training program offered by a
172	172	provider under Section 1001.203, Health and Safety Code. The
173	173	number of hours of continuing education an educator may fulfill
174	174	under this subsection may not exceed the number of hours the
175	175	educator actually spends participating in a mental health first aid
176	176	or assistance training program.
177	177	SECTION 3. The change in law made by this Act applies only
178	178	to a cause of action that accrues on or after the effective date of
179	179	this Act. A cause of action that accrues before the effective date
180	180	of this Act is governed by the law in effect immediately before that
181	181	date, and that law is continued in effect for that purpose.
182	182	SECTION 4. This Act takes effect September 1, 2013.