86R32604 JG-F
By: Nelson, et al. S.B. No. 10
(Zerwas, Price, Button, Allison, Coleman, et al.)
Substitute the following for S.B. No. 10: No.
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Mental Health Care
Consortium.
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 113 to read as follows:
CHAPTER 113. TEXAS MENTAL HEALTH CARE CONSORTIUM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 113.0001. DEFINITIONS. In this chapter:
(1) "Community mental health provider" means an entity
that provides mental health care services at a local level.
(2) "Consortium" means the Texas Mental Health Care
Consortium.
(3) "Executive committee" means the executive
committee of the consortium.
SUBCHAPTER B. CONSORTIUM
Sec. 113.0051. ESTABLISHMENT; PURPOSE. The Texas Mental
Health Care Consortium is established to:
(1) leverage the expertise and capacity of the
health-related institutions of higher education listed in Section
113.0052 to address urgent mental health challenges and improve the
mental health care system in this state; and
(2) enhance the state's ability to address mental
health care needs through collaboration of the health-related
institutions of higher education listed in Section 113.0052.
Sec. 113.0052. COMPOSITION. The consortium is composed of:
(1) the following health-related institutions of
higher education:
(A) Baylor College of Medicine;
(B) The Texas A&M University System Health
Science Center;
(C) Texas Tech University Health Sciences
Center;
(D) Texas Tech University Health Sciences Center
at El Paso;
(E) University of North Texas Health Science
Center at Fort Worth;
(F) the Dell Medical School at The University of
Texas at Austin;
(G) The University of Texas M.D. Anderson Cancer
Center;
(H) The University of Texas Medical Branch at
Galveston;
(I) The University of Texas Health Science Center
at Houston;
(J) The University of Texas Health Science Center
at San Antonio;
(K) The University of Texas Rio Grande Valley
School of Medicine;
(L) The University of Texas Health Science Center
at Tyler; and
(M) The University of Texas Southwestern Medical
Center;
(2) the commission;
(3) the Texas Higher Education Coordinating Board;
(4) three nonprofit organizations that focus on mental
health care, designated by a majority of the members described by
Subdivision (1); and
(5) any other entity that the executive committee
considers necessary.
Sec. 113.0053. ADMINISTRATIVE ATTACHMENT. The consortium
is administratively attached to the Texas Higher Education
Coordinating Board for the purpose of receiving and administering
appropriations and other funds under this chapter. The board is not
responsible for providing to the consortium staff human resources,
contract monitoring, purchasing, or any other administrative
support services.
SUBCHAPTER C. EXECUTIVE COMMITTEE
Sec. 113.0101. EXECUTIVE COMMITTEE COMPOSITION. (a) The
consortium is governed by an executive committee composed of the
following members:
(1) the chair of the academic department of psychiatry
of each of the health-related institutions of higher education
listed in Section 113.0052 or a licensed psychiatrist, including a
child-adolescent psychiatrist, designated by the chair to serve in
the chair's place;
(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;
(5) a representative of each nonprofit organization
described by Section 113.0052 that is part of the consortium,
designated by a majority of the members described by Subdivision
(1);
(6) a representative of a hospital system in this
state, designated by a majority of the members described by
Subdivision (1); and
(7) any other representative designated:
(A) under Subsection (b); or
(B) by a majority of the members described by
Subdivision (1) at the request of the executive committee.
(b) The president of each of the health-related
institutions of higher education listed in Section 113.0052 may
designate a representative to serve on the executive committee.
Sec. 113.0102. VACANCY. A vacancy on the executive
committee shall be filled in the same manner as the original
appointment.
Sec. 113.0103. PRESIDING OFFICER. The executive committee
shall elect a presiding officer from among the membership of the
executive committee.
Sec. 113.0104. STATEWIDE BEHAVIORAL HEALTH COORDINATING
COUNCIL. The consortium shall designate a member of the executive
committee to represent the consortium on the statewide behavioral
health coordinating council.
Sec. 113.0105. GENERAL DUTIES. The executive committee
shall:
(1) coordinate the provision of funding to the
health-related institutions of higher education listed in Section
113.0052 to carry out the purposes of this chapter;
(2) establish procedures and policies for the
administration of funds under this chapter;
(3) monitor funding and agreements entered into under
this chapter to ensure recipients of funding comply with the terms
and conditions of the funding and agreements; and
(4) establish procedures to document compliance by
executive committee members and staff with applicable laws
governing conflicts of interest.
SUBCHAPTER D. ACCESS TO CARE
Sec. 113.0151. CHILD PSYCHIATRY ACCESS NETWORK AND
TELEMEDICINE AND TELEHEALTH PROGRAMS. (a) The consortium shall
establish a network of comprehensive child psychiatry access
centers. A center established under this section shall:
(1) be located at a health-related institution of
higher education listed in Section 113.0052; and
(2) provide consultation services and training
opportunities for pediatricians and primary care providers
operating in the center's geographic region to better care for
children and youth with behavioral health needs.
(b) The consortium shall establish or expand telemedicine
or telehealth programs for identifying and assessing behavioral
health needs and providing access to mental health care services.
The consortium shall implement this subsection with a focus on the
behavioral health needs of at-risk children and adolescents.
(c) A health-related institution of higher education listed
in Section 113.0052 may enter into a memorandum of understanding
with a community mental health provider to:
(1) establish a center under Subsection (a); or
(2) establish or expand a program under Subsection
(b).
(d) The consortium shall leverage the resources of a
hospital system under Subsection (a) or (b) if the hospital system:
(1) provides consultation services and training
opportunities for pediatricians and primary care providers that are
consistent with those described by Subsection (a); and
(2) has an existing telemedicine or telehealth program
for identifying and assessing the behavioral health needs of and
providing access to mental health care services for children and
adolescents.
Sec. 113.0152. CONSENT REQUIRED FOR SERVICES TO MINOR.
(a) A person may provide mental health care services to a child
younger than 18 years of age through a program established under
this subchapter only if the person obtains the written consent of
the parent or legal guardian of the child.
(b) The consortium shall develop and post on its Internet
website a model form for a parent or legal guardian to provide
consent under this section.
(c) This section does not apply to services provided by a
school counselor in accordance with Section 33.005, 33.006, or
33.007, Education Code.
Sec. 113.0153. REIMBURSEMENT FOR SERVICES. A child
psychiatry access center established under Section 113.0151(a) may
not submit an insurance claim or charge a pediatrician or primary
care provider a fee for providing consultation services or training
opportunities under that section.
SUBCHAPTER E. MENTAL HEALTH WORKFORCE
Sec. 113.0201. COMMUNITY PSYCHIATRY WORKFORCE EXPANSION.
(a) The executive committee may provide funding to a
health-related institution of higher education listed in Section
113.0052 for the purpose of funding:
(1) one full-time psychiatrist who treats adults or
one full-time psychiatrist who treats children and adolescents to
serve as academic medical director at a facility operated by a
community mental health provider; and
(2) two new resident rotation positions.
(b) An academic medical director described by Subsection
(a) shall collaborate and coordinate with a community mental health
provider to expand the amount and availability of mental health
care resources by developing training opportunities for residents
and supervising residents at a facility operated by the community
mental health provider.
(c) An institution of higher education that receives
funding under Subsection (a) shall require that psychiatric
residents participate in rotations through the facility operated by
the community mental health provider in accordance with Subsection
(b).
Sec. 113.0202. CHILD AND ADOLESCENT PSYCHIATRY FELLOWSHIP.
(a) The executive committee may provide funding to a
health-related institution of higher education listed in Section
113.0052 for the purpose of funding a physician fellowship position
that will lead to a medical specialty in the diagnosis and treatment
of psychiatric and associated behavioral health issues affecting
children and adolescents.
(b) The funding provided to a health-related institution of
higher education under this section must be used to increase the
number of fellowship positions at the institution and may not be
used to replace existing funding for the institution.
SUBCHAPTER F. MISCELLANEOUS PROVISIONS
Sec. 113.0251. BIENNIAL REPORT. Not later than December 1
of each even-numbered year, the consortium shall prepare and submit
to the governor, the lieutenant governor, the speaker of the house
of representatives, and the standing committee of each house of the
legislature with primary jurisdiction over behavioral health
issues and post on its Internet website a written report that
outlines:
(1) the activities and objectives of the consortium;
(2) the health-related institutions of higher
education listed in Section 113.0052 that receive funding by the
executive committee; and
(3) any legislative recommendations based on the
activities and objectives described by Subdivision (1).
Sec. 113.0252. APPROPRIATION CONTINGENCY. The consortium
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 consortium may, but is not required to, implement a
provision of this chapter.
Sec. 113.0253. JUDICIAL INSTRUCTION REGARDING MENTAL
HEALTH CARE RESOURCES. The Supreme Court of Texas and the Texas
Court of Criminal Appeals, in consultation with the consortium,
shall develop a training program to educate and inform designated
judges and their staff on mental health care resources available
within the geographic region in which the designated judges
preside. The Supreme Court of Texas and the Texas Court of Criminal
Appeals may develop and operate the training program in conjunction
with any other training programs.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission, the commissioner of the Texas Higher Education
Coordinating Board, and the members of the executive committee
described by Section 113.0101(a)(1), Health and Safety Code, as
added by this Act, shall make the appointments and designations
required by Section 113.0101, Health and Safety Code, as added by
this Act.
SECTION 3. 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.