86R2843 JG-D
By: Watson S.B. No. 914
A BILL TO BE ENTITLED
AN ACT
relating to mental health and substance use resources for certain
school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 8, Education Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. MENTAL HEALTH AND SUBSTANCE USE RESOURCES FOR
SCHOOL DISTRICT PERSONNEL
Sec. 8.151. DEFINITIONS. In this subchapter, "local mental
health authority" and "non-physician mental health professional"
have the meanings assigned by Section 571.003, Health and Safety
Code.
Sec. 8.152. EMPLOYMENT OF NON-PHYSICIAN MENTAL HEALTH
PROFESSIONAL AS MENTAL HEALTH AND SUBSTANCE USE RESOURCE. (a) A
local mental health authority shall employ a non-physician mental
health professional to serve as a mental health and substance use
resource for school districts located in the region served by a
regional education service center and in which the local mental
health authority provides services.
(b) If two or more local mental health authorities provide
services in a region served by a regional education service center,
the local mental health authority that primarily operates in the
county in which the center is located shall employ the
non-physician mental health professional and, in making any hiring
decision, consult with other local mental health authorities
providing services in that region.
Sec. 8.153. INTERAGENCY COLLABORATION; MEMORANDUM OF
UNDERSTANDING. (a) A local mental health authority that employs a
non-physician mental health professional under Section 8.152 and
the regional education service center shall collaborate in carrying
out this subchapter.
(b) Each regional education service center shall provide
for a non-physician mental health professional employed for the
region served by the center with a space for the professional to
carry out the professional's duties under Section 8.155. The local
mental health authority that employs the professional shall pay the
center a reasonable administrative cost for providing the space.
(c) A local mental health authority and a regional education
service center may enter into a memorandum of understanding for the
administration of this section.
Sec. 8.154. SUPERVISION OF NON-PHYSICIAN MENTAL HEALTH
PROFESSIONAL. The local mental health authority that employs a
non-physician mental health professional under Section 8.152
shall:
(1) supervise the professional in carrying out the
professional's duties under Section 8.155; and
(2) consult with any other local mental health
authorities in the region in supervising the professional.
Sec. 8.155. DUTIES OF NON-PHYSICIAN MENTAL HEALTH
PROFESSIONAL. (a) A non-physician mental health professional
employed under Section 8.152 shall act as a resource for school
district personnel by:
(1) helping personnel gain awareness and a better
understanding of mental health and co-occurring mental health and
substance use disorders;
(2) assisting personnel to implement initiatives
related to mental health or substance use under state law or agency
rules;
(3) ensuring personnel are aware of:
(A) the list of recommended best practice-based
programs and research-based practices developed under Section
161.325, Health and Safety Code; and
(B) other treatment programs available in the
school district, including programs provided by a local mental
health authority;
(4) on a bimonthly basis, providing personnel with
mental health first aid training;
(5) on a bimonthly basis, providing personnel with
training on prevention and intervention programs that have been
shown to be effective in helping students cope with pressures to:
(A) use alcohol, cigarettes, or illegal drugs; or
(B) misuse prescription drugs; and
(6) on an annual basis, providing personnel with
training regarding the effects of grief and trauma and providing
support to children with intellectual or developmental
disabilities who suffer from grief or trauma.
(b) A non-physician mental health professional employed
under Section 8.152 may not treat or provide counseling to a student
or provide specific advice to school district personnel regarding a
student.
Sec. 8.156. PARTICIPATION BY SCHOOL DISTRICT NOT REQUIRED.
This subchapter does not require a school district to participate
in training provided by a non-physician mental health professional
or otherwise use the professional as a resource.
Sec. 8.157. DISTRIBUTION OF FUNDING. A state agency to
which money is appropriated to carry out this subchapter shall
ensure that the money is distributed equally among the local mental
health authorities that employ and supervise non-physician mental
health professionals under this subchapter.
Sec. 8.158. REPORT. (a) Before the last business day of
each calendar year, each local mental health authority that employs
and supervises a non-physician mental health professional under
this subchapter shall prepare and submit a report to the Health and
Human Services Commission regarding the outcomes for school
districts and students resulting from services provided by the
non-physician mental health professional.
(b) Not later than January 31 of the following calendar
year, the commission shall compile the information submitted under
this section and prepare and submit a report to the lieutenant
governor, the speaker of the house of representatives, each
standing committee of the legislature having primary jurisdiction
over mental health, and each standing committee of the legislature
having primary jurisdiction over public education.
SECTION 2. This Act takes effect September 1, 2019.