1 | 1 | | 86R8538 JG-F |
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2 | 2 | | By: Zerwas H.B. No. 1448 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the creation of the Texas Mental Health Care |
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8 | 8 | | Consortium. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subtitle E, Title 2, Health and Safety Code, is |
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11 | 11 | | amended by adding Chapter 113 to read as follows: |
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12 | 12 | | CHAPTER 113. TEXAS MENTAL HEALTH CARE CONSORTIUM |
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13 | 13 | | SUBCHAPTER A. GENERAL PROVISIONS |
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14 | 14 | | Sec. 113.0001. DEFINITIONS. In this chapter: |
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15 | 15 | | (1) "Community mental health provider" means an entity |
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16 | 16 | | that provides mental health care services at a local level. The |
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17 | 17 | | term includes community centers established under Subchapter A, |
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18 | 18 | | Chapter 534. |
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19 | 19 | | (2) "Consortium" means the Texas Mental Health Care |
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20 | 20 | | Consortium. |
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21 | 21 | | (3) "Executive committee" means the executive |
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22 | 22 | | committee of the consortium. |
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23 | 23 | | SUBCHAPTER B. CONSORTIUM |
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24 | 24 | | Sec. 113.0051. ESTABLISHMENT; PURPOSE. The Texas Mental |
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25 | 25 | | Health Care Consortium is established to: |
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26 | 26 | | (1) leverage the expertise and capacity in the |
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27 | 27 | | health-related institutions of higher education listed in Section |
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28 | 28 | | 113.0052 to address urgent mental health challenges and improve the |
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29 | 29 | | mental health care system in this state; |
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30 | 30 | | (2) enhance the state's ability to address mental |
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31 | 31 | | health care needs through stronger collaboration and institutional |
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32 | 32 | | alignment of the health-related institutions of higher education |
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33 | 33 | | listed in Section 113.0052; |
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34 | 34 | | (3) improve the effectiveness and efficiency of mental |
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35 | 35 | | health care services delivered in this state; |
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36 | 36 | | (4) facilitate access to mental health care services |
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37 | 37 | | through telemedicine and other cost-effective, evidence-based |
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38 | 38 | | programs; |
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39 | 39 | | (5) improve mental health and substance use disorder |
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40 | 40 | | research efforts conducted by institutions of higher education; and |
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41 | 41 | | (6) improve and expand the behavioral health workforce |
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42 | 42 | | through training and development opportunities between the |
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43 | 43 | | health-related institutions of higher education listed in Section |
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44 | 44 | | 113.0052 and community mental health providers. |
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45 | 45 | | Sec. 113.0052. COMPOSITION. The consortium is composed of: |
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46 | 46 | | (1) the following health-related institutions of |
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47 | 47 | | higher education: |
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48 | 48 | | (A) Baylor College of Medicine; |
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49 | 49 | | (B) The Texas A&M University System Health |
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50 | 50 | | Science Center; |
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51 | 51 | | (C) Texas Tech University Health Sciences |
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52 | 52 | | Center; |
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53 | 53 | | (D) Texas Tech University Health Sciences Center |
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54 | 54 | | at El Paso; |
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55 | 55 | | (E) University of North Texas Health Science |
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56 | 56 | | Center at Fort Worth; |
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57 | 57 | | (F) Dell Medical School at The University of |
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58 | 58 | | Texas at Austin; |
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59 | 59 | | (G) The University of Texas Medical Branch at |
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60 | 60 | | Galveston; |
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61 | 61 | | (H) The University of Texas Health Science Center |
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62 | 62 | | at Houston; |
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63 | 63 | | (I) The University of Texas Health Science Center |
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64 | 64 | | at San Antonio; |
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65 | 65 | | (J) The University of Texas Rio Grande Valley |
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66 | 66 | | School of Medicine; |
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67 | 67 | | (K) The University of Texas Health Science Center |
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68 | 68 | | at Tyler; and |
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69 | 69 | | (L) The University of Texas Southwestern Medical |
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70 | 70 | | Center; |
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71 | 71 | | (2) the commission; |
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72 | 72 | | (3) not fewer than three nonprofit organizations that |
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73 | 73 | | focus on mental health care; and |
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74 | 74 | | (4) any other entity that the executive committee |
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75 | 75 | | considers necessary. |
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76 | 76 | | Sec. 113.0053. ADMINISTRATIVE ATTACHMENT. (a) The |
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77 | 77 | | consortium is administratively attached to the Texas Higher |
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78 | 78 | | Education Coordinating Board for the purpose of receiving and |
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79 | 79 | | administering appropriations and other funds under this chapter. |
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80 | 80 | | The board is not responsible for providing to the consortium staff |
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81 | 81 | | human resources, contract monitoring, purchasing, or any other |
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82 | 82 | | administrative support services. |
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83 | 83 | | (b) The Texas Higher Education Coordinating Board may not |
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84 | 84 | | use funds intended to carry out the purposes of this chapter for any |
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85 | 85 | | costs incurred by the board under this chapter. |
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86 | 86 | | SUBCHAPTER C. EXECUTIVE COMMITTEE |
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87 | 87 | | Sec. 113.0101. EXECUTIVE COMMITTEE COMPOSITION. The |
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88 | 88 | | consortium is governed by an executive committee composed of the |
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89 | 89 | | following members: |
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90 | 90 | | (1) the chair of the academic department of psychiatry |
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91 | 91 | | of each of the health-related institutions of higher education |
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92 | 92 | | listed in Section 113.0052; |
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93 | 93 | | (2) a representative of the commission with expertise |
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94 | 94 | | in the delivery of mental health care services, appointed by the |
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95 | 95 | | executive commissioner; |
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96 | 96 | | (3) a representative of the commission with expertise |
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97 | 97 | | in mental health facilities, appointed by the executive |
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98 | 98 | | commissioner; |
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99 | 99 | | (4) a representative of an organization that |
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100 | 100 | | represents the interests of community centers established under |
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101 | 101 | | Subchapter A, Chapter 534, designated by a majority of the members |
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102 | 102 | | described by Subdivision (1); |
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103 | 103 | | (5) a representative of each nonprofit organization |
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104 | 104 | | described by Section 113.0052 that is part of the consortium, |
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105 | 105 | | designated by a majority of the members described by Subdivision |
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106 | 106 | | (1); and |
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107 | 107 | | (6) any other representative designated by a majority |
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108 | 108 | | of the members described by Subdivision (1) at the request of the |
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109 | 109 | | executive committee. |
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110 | 110 | | Sec. 113.0102. PRESIDING OFFICER. The executive committee |
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111 | 111 | | shall elect a presiding officer from among the membership of the |
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112 | 112 | | executive committee. |
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113 | 113 | | Sec. 113.0103. MEETINGS. The executive committee shall |
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114 | 114 | | meet at the call of the presiding officer. |
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115 | 115 | | Sec. 113.0104. VACANCY. A vacancy on the executive |
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116 | 116 | | committee shall be filled in the same manner as the original |
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117 | 117 | | appointment. |
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118 | 118 | | Sec. 113.0105. GIFTS, GRANTS, AND DONATIONS. The executive |
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119 | 119 | | committee may accept on behalf of the consortium gifts, grants, or |
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120 | 120 | | donations from any public or private source for the purpose of |
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121 | 121 | | carrying out this chapter. |
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122 | 122 | | SUBCHAPTER D. POWERS AND DUTIES |
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123 | 123 | | Sec. 113.0151. GENERAL DUTIES. (a) The executive |
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124 | 124 | | committee shall: |
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125 | 125 | | (1) coordinate the provision of grants or other |
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126 | 126 | | funding to the health-related institutions of higher education |
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127 | 127 | | listed in Section 113.0052 to carry out the purposes of this |
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128 | 128 | | chapter; |
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129 | 129 | | (2) establish procedures and policies for the |
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130 | 130 | | administration of funds under this chapter; |
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131 | 131 | | (3) monitor contracts and other agreements entered |
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132 | 132 | | into under this chapter to ensure recipients of grants or other |
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133 | 133 | | funding comply with the terms and conditions of those contracts or |
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134 | 134 | | agreements; and |
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135 | 135 | | (4) establish procedures to document compliance by |
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136 | 136 | | executive committee members and staff with applicable laws |
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137 | 137 | | governing conflicts of interest. |
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138 | 138 | | (b) In carrying out the duties under Subsection (a), the |
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139 | 139 | | consortium shall ensure that evidence-based tools, including |
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140 | 140 | | telemedicine, are used to help expand the delivery of mental health |
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141 | 141 | | care services. |
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142 | 142 | | (c) The consortium shall designate a member of the executive |
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143 | 143 | | committee to work in liaison with the statewide behavioral health |
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144 | 144 | | coordinating council. |
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145 | 145 | | Sec. 113.0152. COMPREHENSIVE CHILD PSYCHIATRY ACCESS |
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146 | 146 | | CENTERS. (a) The consortium shall establish a network of |
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147 | 147 | | comprehensive child psychiatry access centers at the |
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148 | 148 | | health-related institutions of higher education listed in Section |
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149 | 149 | | 113.0052. |
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150 | 150 | | (b) A center established under Subsection (a) shall |
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151 | 151 | | collaborate with community mental health providers to better care |
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152 | 152 | | for children and youth with behavioral health needs by: |
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153 | 153 | | (1) providing consultation services and training |
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154 | 154 | | opportunities for pediatricians and primary care providers |
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155 | 155 | | operating in the center's geographic region; and |
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156 | 156 | | (2) establishing or expanding a telemedicine or |
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157 | 157 | | telehealth program for identifying and assessing behavioral health |
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158 | 158 | | needs and providing access to mental health care services. |
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159 | 159 | | (c) A center established under Subsection (a) may enter into |
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160 | 160 | | a memorandum of understanding with a community mental health |
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161 | 161 | | provider to carry out this section. |
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162 | 162 | | Sec. 113.0153. MENTAL HEALTH RESEARCH PLAN. The consortium |
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163 | 163 | | shall: |
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164 | 164 | | (1) develop and implement a mental health research |
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165 | 165 | | plan to advance the research component of the statewide behavioral |
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166 | 166 | | health strategic plan; |
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167 | 167 | | (2) create an aggregated inventory of mental health |
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168 | 168 | | and substance use disorder research completed by institutions of |
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169 | 169 | | higher education in this state; and |
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170 | 170 | | (3) coordinate mental health and substance use |
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171 | 171 | | disorder research efforts by the health-related institutions of |
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172 | 172 | | higher education listed in Section 113.0052 to ensure those |
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173 | 173 | | institutions engage in effective and targeted research to leverage |
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174 | 174 | | additional funding. |
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175 | 175 | | Sec. 113.0154. BEHAVIORAL HEALTH WORKFORCE EXPANSION |
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176 | 176 | | PROJECT. (a) The consortium shall enhance collaboration between |
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177 | 177 | | the health-related institutions of higher education listed in |
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178 | 178 | | Section 113.0052 and community mental health providers to increase |
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179 | 179 | | psychiatric residency training and improve the quality of care for |
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180 | 180 | | persons receiving mental health care services in this state. |
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181 | 181 | | (b) The executive committee may provide grants or other |
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182 | 182 | | funding to the academic department of psychiatry at a |
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183 | 183 | | health-related institution of higher education listed in Section |
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184 | 184 | | 113.0052 for the purpose of funding: |
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185 | 185 | | (1) one full-time psychiatrist to serve as academic |
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186 | 186 | | medical director for a community mental health provider; and |
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187 | 187 | | (2) two resident positions. |
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188 | 188 | | (c) An academic medical director described by Subsection |
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189 | 189 | | (b) shall collaborate and coordinate with community mental health |
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190 | 190 | | providers to expand the amount and availability of mental health |
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191 | 191 | | care resources by: |
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192 | 192 | | (1) developing training opportunities for residents |
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193 | 193 | | and medical students; and |
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194 | 194 | | (2) promoting the use of telemedicine or other |
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195 | 195 | | evidence-based tools to provide comprehensive mental health care |
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196 | 196 | | services to a greater population. |
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197 | 197 | | (d) An institution of higher education that receives grants |
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198 | 198 | | or other funding under Subsection (b) shall include in its |
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199 | 199 | | curriculum a requirement that psychiatric residents and medical |
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200 | 200 | | students participate in rotations through a facility operated by |
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201 | 201 | | community mental health providers. |
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202 | 202 | | Sec. 113.0155. REIMBURSEMENT FOR SERVICES. A person may |
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203 | 203 | | not be reimbursed by the consortium for providing mental health |
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204 | 204 | | care services under this chapter if the person is reimbursed under |
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205 | 205 | | Medicaid or another program operated by the commission for |
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206 | 206 | | providing those services. |
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207 | 207 | | Sec. 113.0156. ANNUAL REPORT. Not later than July 31 of |
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208 | 208 | | each year, the consortium shall submit to the governor, the |
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209 | 209 | | lieutenant governor, the speaker of the house of representatives, |
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210 | 210 | | and the standing committee of each house of the legislature with |
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211 | 211 | | primary jurisdiction over behavioral health issues and post on its |
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212 | 212 | | Internet website a written report that outlines: |
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213 | 213 | | (1) the activities and objectives of the consortium; |
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214 | 214 | | (2) the health-related institutions of higher |
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215 | 215 | | education listed in Section 113.0052 awarded grants or other |
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216 | 216 | | funding by the executive committee; |
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217 | 217 | | (3) any prospective grants or funding the consortium |
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218 | 218 | | expects to receive; and |
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219 | 219 | | (4) any research accomplishments associated with the |
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220 | 220 | | consortium. |
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221 | 221 | | SUBCHAPTER E. MISCELLANEOUS PROVISIONS |
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222 | 222 | | Sec. 113.0201. JUDICIAL INSTRUCTION REGARDING MENTAL |
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223 | 223 | | HEALTH CARE RESOURCES. The Supreme Court of Texas and the Texas |
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224 | 224 | | Court of Criminal Appeals, in consultation with the consortium, |
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225 | 225 | | shall develop a training program to educate and inform designated |
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226 | 226 | | judges and their staff on mental health care resources available |
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227 | 227 | | within the geographic region in which the designated judges |
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228 | 228 | | preside. The Supreme Court of Texas and the Texas Court of Criminal |
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229 | 229 | | Appeals may develop and operate the training program in conjunction |
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230 | 230 | | with any other training programs. |
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231 | 231 | | SECTION 2. As soon as practicable after the effective date |
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232 | 232 | | of this Act, the executive commissioner of the Health and Human |
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233 | 233 | | Services Commission and the members of the executive committee |
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234 | 234 | | described by Section 113.0101(1), Health and Safety Code, as added |
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235 | 235 | | by this Act, shall make the appointments and designations required |
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236 | 236 | | by Section 113.0101, Health and Safety Code, as added by this Act. |
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237 | 237 | | SECTION 3. This Act takes effect immediately if it receives |
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238 | 238 | | a vote of two-thirds of all the members elected to each house, as |
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239 | 239 | | provided by Section 39, Article III, Texas Constitution. If this |
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240 | 240 | | Act does not receive the vote necessary for immediate effect, this |
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241 | 241 | | Act takes effect September 1, 2019. |
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