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Texas Senate Bill SB10

Texas 2019 - 86th Regular

Texas Senate Bill SB10 Compare Versions

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1-86R32604 JG-F
21 By: Nelson, et al. S.B. No. 10
3- (Zerwas, Price, Button, Allison, Coleman, et al.)
4- Substitute the following for S.B. No. 10: No.
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
96 relating to the creation of the Texas Mental Health Care
107 Consortium.
118 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
129 SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
1310 amended by adding Chapter 113 to read as follows:
1411 CHAPTER 113. TEXAS MENTAL HEALTH CARE CONSORTIUM
1512 SUBCHAPTER A. GENERAL PROVISIONS
1613 Sec. 113.0001. DEFINITIONS. In this chapter:
1714 (1) "Community mental health provider" means an entity
18- that provides mental health care services at a local level.
15+ that provides mental health care services at a local level. The
16+ term includes community centers established under Subchapter A,
17+ Chapter 534.
1918 (2) "Consortium" means the Texas Mental Health Care
2019 Consortium.
2120 (3) "Executive committee" means the executive
2221 committee of the consortium.
2322 SUBCHAPTER B. CONSORTIUM
2423 Sec. 113.0051. ESTABLISHMENT; PURPOSE. The Texas Mental
2524 Health Care Consortium is established to:
26- (1) leverage the expertise and capacity of the
25+ (1) leverage the expertise and capacity in the
2726 health-related institutions of higher education listed in Section
2827 113.0052 to address urgent mental health challenges and improve the
29- mental health care system in this state; and
28+ mental health care system in this state;
3029 (2) enhance the state's ability to address mental
31- health care needs through collaboration of the health-related
32- institutions of higher education listed in Section 113.0052.
30+ health care needs through stronger collaboration and institutional
31+ alignment of the health-related institutions of higher education
32+ listed in Section 113.0052;
33+ (3) improve the effectiveness and efficiency of mental
34+ health care services delivered in this state;
35+ (4) facilitate access to mental health care services
36+ through telemedicine, telehealth, and other cost-effective,
37+ evidence-based programs;
38+ (5) improve mental health and substance use disorder
39+ research efforts conducted by health-related institutions of
40+ higher education; and
41+ (6) improve and expand the psychiatric workforce
42+ through training and development opportunities between the
43+ health-related institutions of higher education listed in Section
44+ 113.0052 and community mental health providers.
3345 Sec. 113.0052. COMPOSITION. The consortium is composed of:
3446 (1) the following health-related institutions of
3547 higher education:
3648 (A) Baylor College of Medicine;
3749 (B) The Texas A&M University System Health
3850 Science Center;
3951 (C) Texas Tech University Health Sciences
4052 Center;
4153 (D) Texas Tech University Health Sciences Center
4254 at El Paso;
4355 (E) University of North Texas Health Science
4456 Center at Fort Worth;
45- (F) the Dell Medical School at The University of
57+ (F) Dell Medical School at The University of
4658 Texas at Austin;
47- (G) The University of Texas M.D. Anderson Cancer
48- Center;
49- (H) The University of Texas Medical Branch at
59+ (G) The University of Texas Medical Branch at
5060 Galveston;
61+ (H) The University of Texas Health Science Center
62+ at Houston;
5163 (I) The University of Texas Health Science Center
52- at Houston;
53- (J) The University of Texas Health Science Center
5464 at San Antonio;
55- (K) The University of Texas Rio Grande Valley
65+ (J) The University of Texas Rio Grande Valley
5666 School of Medicine;
57- (L) The University of Texas Health Science Center
67+ (K) The University of Texas Health Science Center
5868 at Tyler; and
59- (M) The University of Texas Southwestern Medical
69+ (L) The University of Texas Southwestern Medical
6070 Center;
6171 (2) the commission;
62- (3) the Texas Higher Education Coordinating Board;
63- (4) three nonprofit organizations that focus on mental
72+ (3) three nonprofit organizations that focus on mental
6473 health care, designated by a majority of the members described by
6574 Subdivision (1); and
66- (5) any other entity that the executive committee
75+ (4) any other entity that the executive committee
6776 considers necessary.
68- Sec. 113.0053. ADMINISTRATIVE ATTACHMENT. The consortium
69- is administratively attached to the Texas Higher Education
70- Coordinating Board for the purpose of receiving and administering
71- appropriations and other funds under this chapter. The board is not
72- responsible for providing to the consortium staff human resources,
73- contract monitoring, purchasing, or any other administrative
74- support services.
77+ Sec. 113.0053. ADMINISTRATIVE ATTACHMENT. (a) The
78+ consortium is administratively attached to the Texas Higher
79+ Education Coordinating Board for the purpose of receiving and
80+ administering appropriations and other funds under this chapter.
81+ The board is not responsible for providing to the consortium staff
82+ human resources, contract monitoring, purchasing, or any other
83+ administrative support services.
84+ (b) The Texas Higher Education Coordinating Board may not
85+ use funds intended to carry out the purposes of this chapter for any
86+ costs incurred by the board under this chapter.
7587 SUBCHAPTER C. EXECUTIVE COMMITTEE
76- Sec. 113.0101. EXECUTIVE COMMITTEE COMPOSITION. (a) The
88+ Sec. 113.0101. EXECUTIVE COMMITTEE COMPOSITION. The
7789 consortium is governed by an executive committee composed of the
7890 following members:
7991 (1) the chair of the academic department of psychiatry
8092 of each of the health-related institutions of higher education
81- listed in Section 113.0052 or a licensed psychiatrist, including a
82- child-adolescent psychiatrist, designated by the chair to serve in
83- the chair's place;
93+ listed in Section 113.0052;
8494 (2) a representative of the commission with expertise
8595 in the delivery of mental health care services, appointed by the
8696 executive commissioner;
8797 (3) a representative of the commission with expertise
8898 in mental health facilities, appointed by the executive
8999 commissioner;
90- (4) a representative of the Texas Higher Education
91- Coordinating Board, appointed by the commissioner of the
92- coordinating board;
100+ (4) a representative of an organization that
101+ represents the interests of community centers established under
102+ Subchapter A, Chapter 534, designated by a majority of the members
103+ described by Subdivision (1);
93104 (5) a representative of each nonprofit organization
94105 described by Section 113.0052 that is part of the consortium,
95106 designated by a majority of the members described by Subdivision
96- (1);
97- (6) a representative of a hospital system in this
98- state, designated by a majority of the members described by
99- Subdivision (1); and
100- (7) any other representative designated:
101- (A) under Subsection (b); or
102- (B) by a majority of the members described by
103- Subdivision (1) at the request of the executive committee.
104- (b) The president of each of the health-related
105- institutions of higher education listed in Section 113.0052 may
106- designate a representative to serve on the executive committee.
107- Sec. 113.0102. VACANCY. A vacancy on the executive
107+ (1); and
108+ (6) any other representative designated by a majority
109+ of the members described by Subdivision (1) at the request of the
110+ executive committee.
111+ Sec. 113.0102. PRESIDING OFFICER. The executive committee
112+ shall elect a presiding officer from among the membership of the
113+ executive committee.
114+ Sec. 113.0103. MEETINGS. The executive committee shall
115+ meet at the call of the presiding officer.
116+ Sec. 113.0104. VACANCY. A vacancy on the executive
108117 committee shall be filled in the same manner as the original
109118 appointment.
110- Sec. 113.0103. PRESIDING OFFICER. The executive committee
111- shall elect a presiding officer from among the membership of the
112- executive committee.
113- Sec. 113.0104. STATEWIDE BEHAVIORAL HEALTH COORDINATING
114- COUNCIL. The consortium shall designate a member of the executive
115- committee to represent the consortium on the statewide behavioral
116- health coordinating council.
117- Sec. 113.0105. GENERAL DUTIES. The executive committee
118- shall:
119+ SUBCHAPTER D. POWERS AND DUTIES
120+ Sec. 113.0151. GENERAL DUTIES. (a) The executive
121+ committee shall:
119122 (1) coordinate the provision of funding to the
120123 health-related institutions of higher education listed in Section
121124 113.0052 to carry out the purposes of this chapter;
122125 (2) establish procedures and policies for the
123126 administration of funds under this chapter;
124127 (3) monitor funding and agreements entered into under
125128 this chapter to ensure recipients of funding comply with the terms
126129 and conditions of the funding and agreements; and
127130 (4) establish procedures to document compliance by
128131 executive committee members and staff with applicable laws
129132 governing conflicts of interest.
130- SUBCHAPTER D. ACCESS TO CARE
131- Sec. 113.0151. CHILD PSYCHIATRY ACCESS NETWORK AND
132- TELEMEDICINE AND TELEHEALTH PROGRAMS. (a) The consortium shall
133- establish a network of comprehensive child psychiatry access
134- centers. A center established under this section shall:
135- (1) be located at a health-related institution of
136- higher education listed in Section 113.0052; and
137- (2) provide consultation services and training
138- opportunities for pediatricians and primary care providers
139- operating in the center's geographic region to better care for
140- children and youth with behavioral health needs.
133+ (b) In carrying out the duties under Subsection (a), the
134+ consortium shall ensure that evidence-based tools, including
135+ telemedicine and telehealth, are used to help expand the delivery
136+ of mental health care services.
137+ (c) The consortium shall designate a member of the executive
138+ committee to represent the consortium on the statewide behavioral
139+ health coordinating council.
140+ Sec. 113.0152. ACCESS TO CARE; CHILD PSYCHIATRY ACCESS
141+ NETWORK AND TELEMEDICINE AND TELEHEALTH PROGRAMS. (a) The
142+ consortium shall establish a statewide network of comprehensive
143+ child psychiatry access centers at the health-related institutions
144+ of higher education listed in Section 113.0052. A center
145+ established under this section shall collaborate with community
146+ mental health providers to better care for children and youth with
147+ behavioral health needs by providing consultation services and
148+ training opportunities for pediatricians and primary care
149+ providers operating in the center's geographic region.
141150 (b) The consortium shall establish or expand telemedicine
142- or telehealth programs for identifying and assessing behavioral
143- health needs and providing access to mental health care services.
144- The consortium shall implement this subsection with a focus on the
145- behavioral health needs of at-risk children and adolescents.
151+ or telehealth programs at health-related institutions of higher
152+ education listed in Section 113.0052 for identifying and assessing
153+ behavioral health needs and providing access to mental health care
154+ services. The consortium shall develop a statewide plan to
155+ implement this subsection that makes the behavioral health needs of
156+ at-risk children and adolescents a priority.
146157 (c) A health-related institution of higher education listed
147158 in Section 113.0052 may enter into a memorandum of understanding
148- with a community mental health provider to:
149- (1) establish a center under Subsection (a); or
150- (2) establish or expand a program under Subsection
151- (b).
159+ with a community mental health provider to carry out Subsection (a)
160+ or (b).
152161 (d) The consortium shall leverage the resources of a
153- hospital system under Subsection (a) or (b) if the hospital system:
162+ hospital system to carry out Subsection (a) or (b) if the hospital
163+ system:
154164 (1) provides consultation services and training
155165 opportunities for pediatricians and primary care providers that are
156166 consistent with those described by Subsection (a); and
157167 (2) has an existing telemedicine or telehealth program
158168 for identifying and assessing the behavioral health needs of and
159169 providing access to mental health care services for children and
160170 adolescents.
161- Sec. 113.0152. CONSENT REQUIRED FOR SERVICES TO MINOR.
171+ Sec. 113.0153. MENTAL HEALTH RESEARCH PLAN. (a) The
172+ consortium shall:
173+ (1) develop and implement a mental health research
174+ plan to advance the research component of the statewide behavioral
175+ health strategic plan;
176+ (2) create an aggregated inventory of mental health
177+ and substance use disorder research completed by institutions of
178+ higher education in this state; and
179+ (3) coordinate mental health and substance use
180+ disorder research efforts by the health-related institutions of
181+ higher education listed in Section 113.0052 to ensure those
182+ institutions engage in effective and targeted research to leverage
183+ additional funding.
184+ (b) The executive committee shall establish a process for
185+ the selection of research projects to fund under this section. The
186+ process must evaluate research projects based on their alignment
187+ with the statewide behavioral health strategic plan and
188+ multi-institutional collaboration among the health-related
189+ institutions of higher education listed in Section 113.0052.
190+ (c) Data on or personally identifying information of a
191+ person obtained under Section 113.0152 may not be used for a
192+ research project funded under this section.
193+ Sec. 113.0154. PSYCHIATRY WORKFORCE EXPANSION PROJECT.
194+ (a) The consortium shall enhance collaboration between the
195+ health-related institutions of higher education listed in Section
196+ 113.0052 and community mental health providers to increase
197+ psychiatric residency training and improve the quality of care for
198+ persons receiving mental health care services in this state.
199+ (b) The executive committee may provide funding to the
200+ academic department of psychiatry at a health-related institution
201+ of higher education listed in Section 113.0052 for the purpose of
202+ funding:
203+ (1) one full-time psychiatrist who treats adults or
204+ one full-time psychiatrist who treats children and adolescents to
205+ serve as academic medical director for a community mental health
206+ provider; and
207+ (2) two resident rotation positions.
208+ (c) An academic medical director described by Subsection
209+ (b) shall collaborate and coordinate with community mental health
210+ providers to expand the amount and availability of mental health
211+ care resources by:
212+ (1) developing training opportunities for residents
213+ and medical students; and
214+ (2) promoting the use of telemedicine, telehealth, or
215+ other evidence-based tools to provide comprehensive mental health
216+ care services to a greater population.
217+ (d) An institution of higher education that receives
218+ funding under Subsection (b) shall require that psychiatric
219+ residents participate in rotations through a facility operated by a
220+ community mental health provider.
221+ Sec. 113.0155. CONSENT REQUIRED FOR SERVICES TO MINOR.
162222 (a) A person may provide mental health care services to a child
163223 younger than 18 years of age through a program established under
164- this subchapter only if the person obtains the written consent of
165- the parent or legal guardian of the child.
224+ this chapter only if the person obtains the written consent of the
225+ parent, legal guardian, or caretaker of the child.
166226 (b) The consortium shall develop and post on its Internet
167- website a model form for a parent or legal guardian to provide
168- consent under this section.
227+ website a model form for a parent, legal guardian, or caretaker to
228+ provide consent under this section.
169229 (c) This section does not apply to services provided by a
170230 school counselor in accordance with Section 33.005, 33.006, or
171231 33.007, Education Code.
172- Sec. 113.0153. REIMBURSEMENT FOR SERVICES. A child
173- psychiatry access center established under Section 113.0151(a) may
174- not submit an insurance claim or charge a pediatrician or primary
175- care provider a fee for providing consultation services or training
232+ Sec. 113.0156. REIMBURSEMENT FOR SERVICES. A child
233+ psychiatry access center established under Section 113.0152 may not
234+ submit an insurance claim or charge a pediatrician or primary care
235+ provider a fee for providing consultation services or training
176236 opportunities under that section.
177- SUBCHAPTER E. MENTAL HEALTH WORKFORCE
178- Sec. 113.0201. COMMUNITY PSYCHIATRY WORKFORCE EXPANSION.
179- (a) The executive committee may provide funding to a
180- health-related institution of higher education listed in Section
181- 113.0052 for the purpose of funding:
182- (1) one full-time psychiatrist who treats adults or
183- one full-time psychiatrist who treats children and adolescents to
184- serve as academic medical director at a facility operated by a
185- community mental health provider; and
186- (2) two new resident rotation positions.
187- (b) An academic medical director described by Subsection
188- (a) shall collaborate and coordinate with a community mental health
189- provider to expand the amount and availability of mental health
190- care resources by developing training opportunities for residents
191- and supervising residents at a facility operated by the community
192- mental health provider.
193- (c) An institution of higher education that receives
194- funding under Subsection (a) shall require that psychiatric
195- residents participate in rotations through the facility operated by
196- the community mental health provider in accordance with Subsection
197- (b).
198- Sec. 113.0202. CHILD AND ADOLESCENT PSYCHIATRY FELLOWSHIP.
199- (a) The executive committee may provide funding to a
200- health-related institution of higher education listed in Section
201- 113.0052 for the purpose of funding a physician fellowship position
202- that will lead to a medical specialty in the diagnosis and treatment
203- of psychiatric and associated behavioral health issues affecting
204- children and adolescents.
205- (b) The funding provided to a health-related institution of
206- higher education under this section must be used to increase the
207- number of fellowship positions at the institution and may not be
208- used to replace existing funding for the institution.
209- SUBCHAPTER F. MISCELLANEOUS PROVISIONS
210- Sec. 113.0251. BIENNIAL REPORT. Not later than December 1
211- of each even-numbered year, the consortium shall prepare and submit
212- to the governor, the lieutenant governor, the speaker of the house
213- of representatives, and the standing committee of each house of the
214- legislature with primary jurisdiction over behavioral health
215- issues and post on its Internet website a written report that
216- outlines:
237+ Sec. 113.0157. ANNUAL REPORT. Not later than November 1 of
238+ each year, the consortium shall submit to the governor, the
239+ lieutenant governor, the speaker of the house of representatives,
240+ and the standing committee of each house of the legislature with
241+ primary jurisdiction over behavioral health issues and post on its
242+ Internet website a written report that outlines:
217243 (1) the activities and objectives of the consortium;
218244 (2) the health-related institutions of higher
219245 education listed in Section 113.0052 that receive funding by the
220246 executive committee; and
221- (3) any legislative recommendations based on the
222- activities and objectives described by Subdivision (1).
223- Sec. 113.0252. APPROPRIATION CONTINGENCY. The consortium
224- is required to implement a provision of this chapter only if the
225- legislature appropriates money specifically for that purpose. If
226- the legislature does not appropriate money specifically for that
227- purpose, the consortium may, but is not required to, implement a
228- provision of this chapter.
229- Sec. 113.0253. JUDICIAL INSTRUCTION REGARDING MENTAL
247+ (3) any research accomplishments associated with the
248+ consortium.
249+ SUBCHAPTER E. MISCELLANEOUS PROVISIONS
250+ Sec. 113.0201. JUDICIAL INSTRUCTION REGARDING MENTAL
230251 HEALTH CARE RESOURCES. The Supreme Court of Texas and the Texas
231252 Court of Criminal Appeals, in consultation with the consortium,
232253 shall develop a training program to educate and inform designated
233254 judges and their staff on mental health care resources available
234255 within the geographic region in which the designated judges
235256 preside. The Supreme Court of Texas and the Texas Court of Criminal
236257 Appeals may develop and operate the training program in conjunction
237258 with any other training programs.
238259 SECTION 2. As soon as practicable after the effective date
239260 of this Act, the executive commissioner of the Health and Human
240- Services Commission, the commissioner of the Texas Higher Education
241- Coordinating Board, and the members of the executive committee
242- described by Section 113.0101(a)(1), Health and Safety Code, as
243- added by this Act, shall make the appointments and designations
244- required by Section 113.0101, Health and Safety Code, as added by
245- this Act.
261+ Services Commission and the members of the executive committee
262+ described by Section 113.0101(1), Health and Safety Code, as added
263+ by this Act, shall make the appointments and designations required
264+ by Section 113.0101, Health and Safety Code, as added by this Act.
246265 SECTION 3. This Act takes effect immediately if it receives
247266 a vote of two-thirds of all the members elected to each house, as
248267 provided by Section 39, Article III, Texas Constitution. If this
249268 Act does not receive the vote necessary for immediate effect, this
250269 Act takes effect September 1, 2019.