86R5068 MM-F By: Allison H.B. No. 3220 A BILL TO BE ENTITLED AN ACT relating to repayment of certain mental health professional education loans. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 61.601, Education Code, as amended by Chapters 891 (H.B. 3083) and 1101 (H.B. 3808), Acts of the 85th Legislature, Regular Session, 2017, is reenacted and amended to read as follows: Sec. 61.601. DEFINITION. In this subchapter, "mental health professional" means: (1) a licensed physician who is: (A) a graduate of an accredited psychiatric residency training program; or (B) certified in psychiatry by: (i) the American Board of Psychiatry and Neurology; or (ii) the American Osteopathic Board of Neurology and Psychiatry; (2) a psychologist, as defined by Section 501.002, Occupations Code; (3) a licensed professional counselor, as defined by Section 503.002, Occupations Code; (4) an advanced practice registered nurse, as defined by Section 301.152, Occupations Code, who holds a nationally recognized board certification in psychiatric or mental health nursing; (5) a licensed clinical social worker, as defined by Section 505.002, Occupations Code; [and] (6) a chemical dependency counselor, as defined by Section 504.001, Occupations Code; (7) [(6)] a licensed marriage and family therapist, as defined by Section 502.002, Occupations Code; and (8) a licensed specialist in school psychology, as defined by Section 501.002, Occupations Code. SECTION 2. Section 61.603, Education Code, is amended to read as follows: Sec. 61.603. ELIGIBILITY. (a) Except as provided by Subsection (b), to [To] be eligible to receive repayment assistance under this subchapter, a mental health professional must: (1) apply to the board; (2) have completed one, two, three, four, or five consecutive years of practice in a mental health professional shortage area designated by the Department of State Health Services; and (3) provide mental health services in this state to: (A) recipients under the medical assistance program authorized by Chapter 32, Human Resources Code; (B) enrollees under the child health plan program authorized by Chapter 62, Health and Safety Code; or (C) persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or persons confined in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice. (b) To be eligible to receive repayment assistance under this subchapter, a mental health professional described by Section 61.601(8) who is employed by a school district or open-enrollment charter school must: (1) apply to the board; (2) provide mental health services to students enrolled in a school district or open-enrollment charter school; and (3) have completed one, two, three, four, or five consecutive years of practice in this state as described by Subdivision (2). (c) In addition to satisfying the requirements under Subsection (a), for a licensed physician to be eligible to receive repayment assistance under this subchapter after the physician's third consecutive year of practice described under Subsection (a)(2), the physician must be certified in psychiatry by: (1) the American Board of Psychiatry and Neurology; or (2) the American Osteopathic Board of Neurology and Psychiatry. SECTION 3. Sections 61.604(d) and (e), Education Code, as added by Chapter 1101 (H.B. 3808), Acts of the 85th Legislature, Regular Session, 2017, are amended to read as follows: (d) The board may award a grant under this subchapter to a mental health professional described by Section 61.601(7) or (8) [61.601(6)] only in accordance with Subsection (e). (e) If in a state fiscal year there are funds available for purposes of the program after funding grants to all eligible mental health professionals described by Sections [Subsections] 61.601(1)-(6) [61.601(1)-(5)], the board may allocate any unused funds to award repayment assistance grants to mental health professionals in any of the professions listed in Section 61.601 except that priority must be given to awarding grants to mental health professionals described by Sections [Subsections] 61.601(1)-(6) [61.601(1)-(5)]. The limitations prescribed by Subsections (b) and (c) do not apply to grants awarded under this subsection. SECTION 4. Section 61.607(b), Education Code, as amended by Chapters 891 (H.B. 3083) and 1101 (H.B. 3808), Acts of the 85th Legislature, Regular Session, 2017, is reenacted and amended to read as follows: (b) The total amount of repayment assistance received by a mental health professional under this subchapter may not exceed: (1) $160,000, for assistance from the state received by a licensed physician; (2) $80,000, for assistance from the state received by: (A) a psychologist; (B) a licensed clinical social worker, if the social worker has received a doctoral degree related to social work; (C) a licensed professional counselor, if the counselor has received a doctoral degree related to counseling; or (D) a licensed marriage and family therapist, if the marriage and family therapist has received a doctoral degree related to marriage and family therapy; (3) $60,000, for assistance from the state received by an advanced practice registered nurse; (4) $40,000, for assistance from the state received by a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional counselor who is not described by Subdivision (2); and (5) $10,000, for assistance from the state received by: (A) a licensed chemical dependency counselor, if the chemical dependency counselor has received an associate degree related to chemical dependency counseling or behavioral science; or (B) a licensed specialist in school psychology. SECTION 5. The following provisions are repealed: (1) Section 61.604(d), Education Code, as added by Chapter 891 (H.B. 3083), Acts of the 85th Legislature, Regular Session, 2017; and (2) Section 61.608(c), Education Code, as added by Chapter 891 (H.B. 3083), Acts of the 85th Legislature, Regular Session, 2017. SECTION 6. 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 7. This Act takes effect September 1, 2019.