Texas 2019 - 86th Regular

Texas Senate Bill SB914 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R2843 JG-D
2	2	By: Watson S.B. No. 914
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to mental health and substance use resources for certain
8	8	school districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 8, Education Code, is amended by adding
11	11	Subchapter E to read as follows:
12	12	SUBCHAPTER E. MENTAL HEALTH AND SUBSTANCE USE RESOURCES FOR
13	13	SCHOOL DISTRICT PERSONNEL
14	14	Sec. 8.151. DEFINITIONS. In this subchapter, "local mental
15	15	health authority" and "non-physician mental health professional"
16	16	have the meanings assigned by Section 571.003, Health and Safety
17	17	Code.
18	18	Sec. 8.152. EMPLOYMENT OF NON-PHYSICIAN MENTAL HEALTH
19	19	PROFESSIONAL AS MENTAL HEALTH AND SUBSTANCE USE RESOURCE. (a) A
20	20	local mental health authority shall employ a non-physician mental
21	21	health professional to serve as a mental health and substance use
22	22	resource for school districts located in the region served by a
23	23	regional education service center and in which the local mental
24	24	health authority provides services.
25	25	(b) If two or more local mental health authorities provide
26	26	services in a region served by a regional education service center,
27	27	the local mental health authority that primarily operates in the
28	28	county in which the center is located shall employ the
29	29	non-physician mental health professional and, in making any hiring
30	30	decision, consult with other local mental health authorities
31	31	providing services in that region.
32	32	Sec. 8.153. INTERAGENCY COLLABORATION; MEMORANDUM OF
33	33	UNDERSTANDING. (a) A local mental health authority that employs a
34	34	non-physician mental health professional under Section 8.152 and
35	35	the regional education service center shall collaborate in carrying
36	36	out this subchapter.
37	37	(b) Each regional education service center shall provide
38	38	for a non-physician mental health professional employed for the
39	39	region served by the center with a space for the professional to
40	40	carry out the professional's duties under Section 8.155. The local
41	41	mental health authority that employs the professional shall pay the
42	42	center a reasonable administrative cost for providing the space.
43	43	(c) A local mental health authority and a regional education
44	44	service center may enter into a memorandum of understanding for the
45	45	administration of this section.
46	46	Sec. 8.154. SUPERVISION OF NON-PHYSICIAN MENTAL HEALTH
47	47	PROFESSIONAL. The local mental health authority that employs a
48	48	non-physician mental health professional under Section 8.152
49	49	shall:
50	50	(1) supervise the professional in carrying out the
51	51	professional's duties under Section 8.155; and
52	52	(2) consult with any other local mental health
53	53	authorities in the region in supervising the professional.
54	54	Sec. 8.155. DUTIES OF NON-PHYSICIAN MENTAL HEALTH
55	55	PROFESSIONAL. (a) A non-physician mental health professional
56	56	employed under Section 8.152 shall act as a resource for school
57	57	district personnel by:
58	58	(1) helping personnel gain awareness and a better
59	59	understanding of mental health and co-occurring mental health and
60	60	substance use disorders;
61	61	(2) assisting personnel to implement initiatives
62	62	related to mental health or substance use under state law or agency
63	63	rules;
64	64	(3) ensuring personnel are aware of:
65	65	(A) the list of recommended best practice-based
66	66	programs and research-based practices developed under Section
67	67	161.325, Health and Safety Code; and
68	68	(B) other treatment programs available in the
69	69	school district, including programs provided by a local mental
70	70	health authority;
71	71	(4) on a bimonthly basis, providing personnel with
72	72	mental health first aid training;
73	73	(5) on a bimonthly basis, providing personnel with
74	74	training on prevention and intervention programs that have been
75	75	shown to be effective in helping students cope with pressures to:
76	76	(A) use alcohol, cigarettes, or illegal drugs; or
77	77	(B) misuse prescription drugs; and
78	78	(6) on an annual basis, providing personnel with
79	79	training regarding the effects of grief and trauma and providing
80	80	support to children with intellectual or developmental
81	81	disabilities who suffer from grief or trauma.
82	82	(b) A non-physician mental health professional employed
83	83	under Section 8.152 may not treat or provide counseling to a student
84	84	or provide specific advice to school district personnel regarding a
85	85	student.
86	86	Sec. 8.156. PARTICIPATION BY SCHOOL DISTRICT NOT REQUIRED.
87	87	This subchapter does not require a school district to participate
88	88	in training provided by a non-physician mental health professional
89	89	or otherwise use the professional as a resource.
90	90	Sec. 8.157. DISTRIBUTION OF FUNDING. A state agency to
91	91	which money is appropriated to carry out this subchapter shall
92	92	ensure that the money is distributed equally among the local mental
93	93	health authorities that employ and supervise non-physician mental
94	94	health professionals under this subchapter.
95	95	Sec. 8.158. REPORT. (a) Before the last business day of
96	96	each calendar year, each local mental health authority that employs
97	97	and supervises a non-physician mental health professional under
98	98	this subchapter shall prepare and submit a report to the Health and
99	99	Human Services Commission regarding the outcomes for school
100	100	districts and students resulting from services provided by the
101	101	non-physician mental health professional.
102	102	(b) Not later than January 31 of the following calendar
103	103	year, the commission shall compile the information submitted under
104	104	this section and prepare and submit a report to the lieutenant
105	105	governor, the speaker of the house of representatives, each
106	106	standing committee of the legislature having primary jurisdiction
107	107	over mental health, and each standing committee of the legislature
108	108	having primary jurisdiction over public education.
109	109	SECTION 2. This Act takes effect September 1, 2019.