86R20074 JG-D
By: Thompson of Harris, Bonnen of Galveston, H.B. No. 10
Coleman, Phelan, Moody, et al.
Substitute the following for H.B. No. 10:
By: Coleman C.S.H.B. No. 10
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Mental and Behavioral Health
Research Institute.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 104A to read as follows:
CHAPTER 104A. TEXAS MENTAL AND BEHAVIORAL HEALTH RESEARCH INSTITUTE
Sec. 104A.001. DEFINITION. In this chapter, "institute"
means the Texas Mental and Behavioral Health Research Institute.
Sec. 104A.002. ESTABLISHMENT; PURPOSE. The institute is
established to create best practices, leadership, and vision for
addressing child and adolescent behavioral health needs and to
provide funding for researching behavioral health issues.
Sec. 104A.003. COMPOSITION OF INSTITUTE. (a) The
institute is composed of the following members:
(1) three representatives of nonprofit organizations
in this state that focus on mental health care, one appointed by the
governor, one appointed by the lieutenant governor, and one
appointed by the speaker of the house of representatives;
(2) a representative of the commission with expertise
in the delivery of mental health care services, appointed by the
executive commissioner;
(3) a representative of the commission with expertise
in mental health facilities, appointed by the executive
commissioner;
(4) a representative of the Texas Higher Education
Coordinating Board, appointed by the commissioner of the
coordinating board; and
(5) the chair of the academic department of psychiatry
from each of the following health-related institutions of higher
education or a licensed psychiatrist, including a child-adolescent
psychiatrist, designated to serve by the chair in the chair's
place:
(A) The University of Texas Health Science Center
at Houston;
(B) The University of Texas Health Science Center
at San Antonio;
(C) The University of Texas Southwestern Medical
Center;
(D) The University of Texas Medical Branch at
Galveston;
(E) The University of Texas M. D. Anderson Cancer
Center;
(F) The University of Texas Health Science Center
at Tyler;
(G) The Texas A&M University Health Science
Center;
(H) the University of North Texas Health Science
Center at Fort Worth;
(I) the Texas Tech University Health Sciences
Center;
(J) the Texas Tech University Health Sciences
Center at El Paso;
(K) the Dell Medical School and schools of
nursing and pharmacy at The University of Texas at Austin;
(L) The University of Texas Rio Grande Valley
School of Medicine and schools of nursing and pharmacy; and
(M) Baylor College of Medicine.
(b) Service on the institute by a public officer or employee
is an additional duty of the office or employment.
(c) The institute shall elect a presiding member from among
its membership.
(d) The members of the institute shall designate a member to
represent the institute on the statewide behavioral health
coordinating council.
(e) A vacancy in the membership of the institute shall be
filled in same manner as the original appointment.
(f) The institute shall establish a schedule of regular
meetings.
Sec. 104A.004. ADMINISTRATIVE ATTACHMENT. The institute is
administratively attached to the Texas Higher Education
Coordinating Board. The coordinating board may use up to three
percent of the institute's funds, as approved by the executive
committee established under Section 104A.007, for the purpose of
providing administrative support to the institute.
Sec. 104A.005. POWERS AND DUTIES. (a) The institute shall
coordinate with the statewide behavioral health coordinating
council and work with relevant state agencies, consortiums,
councils, cooperatives, collaborations, boards, centers, and other
state entities to enhance mental health care and impact substance
use disorder in this state through the health-related institutions
of higher education listed in Section 104A.003(a)(5) by providing
funding for:
(1) research efforts conducted by a health-related
institution of higher education;
(2) the dissemination of best practice guidelines by a
health-related institution of higher education;
(3) the recruitment of researchers and clinicians to a
health-related institution of higher education;
(4) the training of students, residents, and fellows
in connection to a research effort conducted under this chapter by a
health-related institution of higher education; and
(5) clinical trials, studies, or other patient
programs of a health-related institution of higher education that
are approved by an institutional review board.
(b) The institute shall adopt rules as necessary to
accomplish the purposes of Subsection (a).
Sec. 104A.006. MENTAL HEALTH, BEHAVIORAL HEALTH, AND
SUBSTANCE USE DISORDER RESEARCH PROGRAM. (a) The institute shall
establish a mental health, behavioral health, and substance use
disorder research program to provide funding to the health-related
institutions of higher education listed in Section 104A.003(a)(5)
to:
(1) implement a statewide research framework focused
on preventing, identifying, and treating mental health conditions,
including:
(A) depression;
(B) first episode psychosis;
(C) substance use disorder;
(D) bipolar disorder and schizophrenia; and
(E) population health;
(2) support research efforts regarding mental and
behavioral health issues, including research related to:
(A) physical, structural, chemical, electrical,
or genetic causes of behavioral health issues;
(B) external factors that may result in
behavioral health issues;
(C) physical or other health issues that may
affect behavioral health;
(D) public health trends and strategies related
to behavioral health;
(E) new treatments, therapies, pharmaceuticals,
medical interventions, or other solutions for addressing
behavioral health issues;
(F) child-adolescent psychiatry; and
(G) co-occurring mental and behavioral health
issues in children with an intellectual or developmental
disability;
(3) in connection to the research efforts conducted
under Subdivision (2), administer training to develop a workforce
that specializes in psychiatric research and clinical care;
(4) research, develop, test, and disseminate best
practices for prescribing opioid drugs;
(5) teach the best practices for prescribing opioid
drugs described by Subdivision (4) at the health-related
institutions of higher education and at any continuing or community
education courses provided by the institution;
(6) conduct substance use disorder research related to
identifying:
(A) addiction recovery methods that use new
substance use disorder treatment strategies, therapies, drugs, or
telemedicine medical services;
(B) barriers to the accessibility of
evidence-based medical treatments for substance use disorder;
(C) strategies and new treatment methods to
reduce the effects of opioid drugs and other controlled substances
on maternal mortality and morbidity rates in this state;
(D) prevention techniques, policies, and
outreach methods to reduce the use of opioid drugs and other
controlled substances;
(E) better pain management strategies for
persons recovering from a substance use disorder;
(F) ways to obtain better data related to
substance use disorder and ways to achieve the interoperability of
various sources of that data;
(G) the most recent pharmacogenetic strategies;
(H) the genetic determinants of addiction; and
(I) whether risk factors for addiction can be
determined or mitigated;
(7) in connection to the research conducted under
Subdivision (6), administer training to develop a workforce that
specializes in psychiatric research and clinical care;
(8) research and test new substance use disorder
treatment approaches;
(9) collaborate with the commission, the Texas State
Board of Pharmacy, and any other appropriate organization, agency,
or professional board to complete comparative studies of
prescribing practices for opioid drugs in this state;
(10) recruit mental health, behavioral health, and
substance use disorder researchers, other than researchers from a
public, private, or independent institution of higher education in
this state; and
(11) research or address any other mental health,
behavioral health, substance use disorder, or addiction issue
identified by the institute.
(b) A health-related institution of higher education listed
in Section 104A.003(a)(5) may apply for funding under this section
alone or in partnership with a state agency or other institution of
higher education. The institute may prioritize awarding funding
under this section to an institution of higher education that
applies in partnership with a state agency or other institution. If
an institution of higher education is awarded funding under this
section, the institution may partner with any necessary entity or
person to carry out the purpose for which the funding was awarded.
(c) The institute shall establish a process for the
selection of research projects to fund under this section. The
process must provide for the evaluation of research projects based
on their alignment with the statewide behavioral health strategic
plan or whether they address key issues identified by the
institute.
(d) Notwithstanding any other law, this section does not
create a civil, criminal, or administrative cause of action or
liability or create a standard of care, obligation, or duty that
provides the basis for a cause of action.
Sec. 104A.007. EXECUTIVE COMMITTEE. (a) The Texas Mental
and Behavioral Health Research Institute Executive Committee is
created to make final decisions on all research proposals
recommended by the institute for funding. The executive committee
shall adopt reasonable rules and procedures to ensure that final
decisions are made in an unbiased and objective manner.
(b) The executive committee is composed of 11 members with
appropriate expertise in mental and behavioral health issues,
appointed as follows:
(1) three members appointed by the governor;
(2) three members appointed by the lieutenant
governor;
(3) three members appointed by the speaker of the
house of representatives;
(4) one member appointed by the membership of the
institute, who may be the presiding officer of the institute; and
(5) one member who represents the statewide behavioral
health coordinating council, appointed by the governor.
(c) A vacancy on the executive committee shall be filled in
the same manner as the original appointment.
(d) The executive committee shall elect a presiding officer
from among the membership of the executive committee.
Sec. 104A.008. FUNDING. In addition to any money
appropriated to the institute, the institute may solicit and accept
gifts, grants, and donations from any source for the purpose of
carrying out this chapter.
Sec. 104A.009. WEBSITE. The Texas Higher Education
Coordinating Board shall assist the institute in creating an
Internet website for the institute.
Sec. 104A.010. COLLABORATION WITH HISTORICALLY BLACK
COLLEGE OR UNIVERSITY. A health-related institution of higher
education listed in Section 104A.003(a)(5) may contract with a
historically black college or university in this state to
collaborate with the institution in carrying out any part of this
chapter.
Sec. 104A.011. REPORT. Not later than December 1 of each
even-numbered year, the institute shall prepare and submit to the
governor and the Legislative Budget Board and post on the
institute's Internet website a biennial report on the institute's
activities and legislative recommendations based on those
activities.
Sec. 104A.012. APPROPRIATION CONTINGENCY. The institute is
required to implement a provision of this chapter only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the institute may, but is not required to, implement the
provision using other money available to the institute for that
purpose.
SECTION 2. Sections 481.076(a), (d), and (j), Health and
Safety Code, are amended to read as follows:
(a) The board may not permit any person to have access to
information submitted to the board under Section 481.074(q) or
481.075 except:
(1) the board, the Texas Medical Board, the Texas
Department of Licensing and Regulation, with respect to the
regulation of podiatrists [State Board of Podiatric Medical
Examiners], the State Board of Dental Examiners, the State Board of
Veterinary Medical Examiners, the Texas Board of Nursing, or the
Texas Optometry Board for the purpose of:
(A) investigating a specific license holder; or
(B) monitoring for potentially harmful
prescribing or dispensing patterns or practices under Section
481.0762;
(2) an authorized officer or member of the department
or authorized employee of the board engaged in the administration,
investigation, or enforcement of this chapter or another law
governing illicit drugs in this state or another state;
(3) the department on behalf of a law enforcement or
prosecutorial official engaged in the administration,
investigation, or enforcement of this chapter or another law
governing illicit drugs in this state or another state;
(4) a medical examiner conducting an investigation;
(5) provided that accessing the information is
authorized under the Health Insurance Portability and
Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
adopted under that Act:
(A) a pharmacist or a pharmacy technician, as
defined by Section 551.003, Occupations Code, acting at the
direction of a pharmacist; or
(B) a practitioner who:
(i) is a physician, dentist, veterinarian,
podiatrist, optometrist, or advanced practice nurse or is a
physician assistant described by Section 481.002(39)(D) or an
employee or other agent of a practitioner acting at the direction of
a practitioner; and
(ii) is inquiring about a recent Schedule
II, III, IV, or V prescription history of a particular patient of
the practitioner;
(6) a pharmacist or practitioner who is inquiring
about the person's own dispensing or prescribing activity; [or]
(7) one or more states or an association of states with
which the board has an interoperability agreement, as provided by
Subsection (j); or
(8) a health-related institution of higher education
listed in Section 104A.003(a)(5) that is certified by the Centers
for Medicare and Medicaid Services as a qualified entity under the
qualified entity certification program.
(d) Information submitted to the board under this section
may be used only for:
(1) the administration, investigation, or enforcement
of this chapter or another law governing illicit drugs in this state
or another state;
(2) investigatory, evidentiary, or monitoring
purposes in connection with the functions of an agency listed in
Subsection (a)(1);
(3) the prescribing and dispensing of controlled
substances by a person listed in Subsection (a)(5); [or]
(4) dissemination by the board to the public in the
form of a statistical tabulation or report if all information
reasonably likely to reveal the identity of each patient,
practitioner, or other person who is a subject of the information
has been removed; or
(5) any other purpose outlined by an interoperability
agreement related to institutional compliance monitoring or
medical or public health research.
(j) The board may enter into an interoperability agreement
with one or more states or an association of states authorizing the
board to access prescription monitoring information maintained or
collected by the other state or states or the association,
including information maintained on a central database such as the
National Association of Boards of Pharmacy Prescription Monitoring
Program InterConnect. Pursuant to an interoperability agreement,
the board may authorize the prescription monitoring program of one
or more states or an association of states or an institution of
higher education described by Subsection (a)(8) to access
information submitted to the board under Sections 481.074(q) and
481.075, including by submitting or sharing information through a
central database such as the National Association of Boards of
Pharmacy Prescription Monitoring Program InterConnect.
SECTION 3. Not later than December 1, 2019, the appropriate
appointing authority shall appoint members to the Texas Mental and
Behavioral Health Research Institute in accordance with Section
104A.003, Health and Safety Code, as added by this Act.
SECTION 4. If the constitutional amendment proposed by the
86th Legislature, Regular Session, 2019, providing for the issuance
of general obligation bonds by the Texas Public Finance Authority
to fund research, treatment, and access to services in this state
for behavioral health, mental health, and substance use and
addiction issues is approved by the voters, the Texas Mental and
Behavioral Health Research Institute established by Chapter 104A,
Health and Safety Code, as added by this Act, is eligible to receive
funding through the proceeds of bonds issued under the authority of
Section 68, Article III, Texas Constitution, for any activities
conducted by the institute that serve the purposes of that
constitutional provision.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. If S.B. 10, Acts of the 86th Legislature, Regular
Session, 2019, creating the Texas Mental Health Care Consortium, or
similar legislation creating a comparable entity, becomes law, the
Texas Mental and Behavioral Health Research Institute established
by Chapter 104A, Health and Safety Code, as added by this Act,
shall, to the greatest extent possible, coordinate with the Texas
Mental Health Care Consortium or comparable entity in conducting
meetings and carrying out the purposes of each entity.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.