H.B. No. 3121
AN ACT
relating to a voluntary quality standards certification process for
certain private residential psychiatric treatment facilities that
provide treatments and services to youth; imposing fees;
authorizing civil and administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Alec's Law.
SECTION 2. Subtitle C, Title 7, Health and Safety Code, is
amended by adding Chapter 577A to read as follows:
CHAPTER 577A. PSYCHIATRIC RESIDENTIAL YOUTH TREATMENT FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 577A.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Executive commissioner" means the executive
commissioner of the commission.
(3) "Psychiatric residential youth treatment
facility" means a private facility that provides psychiatric health
treatments and services in a residential, nonhospital setting
exclusively to individuals who are 21 years of age or younger and is
licensed as a general residential operation under Chapter 42, Human
Resources Code. The term includes a facility that provides room and
board.
(4) "Severe emotional disturbance" means a mental,
behavioral, or emotional disorder of sufficient duration to result
in functional impairment that substantially interferes with or
limits an individual's role or ability to function in family,
school, or community activities.
Sec. 577A.002. EXEMPTIONS. This chapter does not apply to:
(1) a mental hospital; or
(2) a private mental hospital or other mental health
facility licensed under Chapter 577.
Sec. 577A.003. LICENSING AND OTHER REQUIREMENTS NOT
AFFECTED. This chapter does not affect any licensing or other
requirements of or create a separate license for a psychiatric
residential youth treatment facility under Chapter 42, Human
Resources Code.
Sec. 577A.004. RULES. The executive commissioner shall
adopt rules necessary to implement this chapter.
SUBCHAPTER B. CERTIFICATION, FEES, AND INSPECTIONS
Sec. 577A.051. VOLUNTARY QUALITY STANDARDS CERTIFICATION.
The commission shall, using existing resources to the extent
feasible, develop and implement a voluntary quality standards
certification process to certify a psychiatric residential youth
treatment facility that meets standards for certification under
this chapter.
Sec. 577A.052. CERTIFICATE APPLICATION. (a) To obtain a
certificate under this chapter, an applicant must submit to the
commission an application in the form and manner prescribed by the
commission.
(b) Each application must be accompanied by a fee
established by the executive commissioner under Section 577A.053.
Sec. 577A.053. FEES. The executive commissioner by rule
shall establish a nonrefundable certificate application fee and a
nonrefundable certificate renewal fee in amounts necessary to cover
the costs of administering this chapter.
Sec. 577A.054. ISSUANCE AND RENEWAL OF CERTIFICATE. (a)
The commission shall issue a certificate to an applicant if on
inspection and investigation the commission determines the
applicant meets the requirements of this chapter and commission
rules. The commission may not issue to an applicant a certificate
under this chapter unless the applicant is licensed as a general
residential operation under Chapter 42, Human Resources Code.
(b) A certificate issued under this chapter expires on the
second anniversary of the date the certificate is issued or
renewed.
(c) The commission shall renew a certificate if:
(1) the certificate holder submits to the commission a
fee established by the executive commissioner under Section
577A.053; and
(2) on inspection and investigation the commission
determines the certificate holder meets the requirements of this
chapter and commission rules.
Sec. 577A.055. INSPECTIONS. In addition to the inspections
required under Section 577A.054, the commission shall conduct an
inspection not later than the first anniversary of the date a
certificate is issued or renewed to ensure the certificate holder
remains in compliance with the requirements of this chapter and
commission rules.
SUBCHAPTER C. REGULATION OF CERTIFIED PSYCHIATRIC RESIDENTIAL
YOUTH TREATMENT FACILITIES
Sec. 577A.101. MINIMUM STANDARDS. The executive
commissioner by rule shall establish minimum standards for the
certification of psychiatric residential youth treatment
facilities under this chapter. The minimum standards must require
a facility to:
(1) obtain accreditation by The Joint Commission, the
Commission on Accreditation of Rehabilitation Facilities, the
Council on Accreditation, or another accrediting organization
approved by the commission; and
(2) provide and prescribe guidelines for the provision
of the following activities, treatments, and services:
(A) development and implementation of individual
plans of care, including the provision of services provided by a
licensed psychiatrist or physician to develop individual plans of
care;
(B) individual therapy;
(C) family engagement activities;
(D) consultation services with qualified
professionals, including case managers, primary care
professionals, community-based mental health providers, school
staff, and other support planners;
(E) 24-hour nursing services; and
(F) direct care and supervision services,
supportive services for daily living and safety, and positive
behavior management services.
Sec. 577A.102. ADMISSION CRITERIA. A facility certified
under this chapter may not admit or provide treatments or services
to an individual unless the individual:
(1) is 21 years of age or younger;
(2) has been diagnosed with a severe emotional
disturbance by a licensed mental health professional;
(3) requires residential psychiatric treatment under
the direction of a licensed physician to improve the individual's
condition; and
(4) was referred for treatments or services in a
psychiatric residential youth treatment facility by a licensed
mental health professional.
SUBCHAPTER D. ENFORCEMENT
Sec. 577A.151. PENALTIES. A facility certified under this
chapter is subject to a civil penalty under Section 571.023 or an
administrative penalty under Section 571.025, as applicable, for a
violation of this chapter or a rule adopted under this chapter.
SECTION 3. Section 577.002, Health and Safety Code, is
amended to read as follows:
Sec. 577.002. EXEMPTIONS [FROM LICENSING REQUIREMENT]. (a)
A mental health facility operated by the department or a federal
agency need not be licensed under this chapter.
(b) This chapter does not apply to a psychiatric residential
youth treatment facility certified under Chapter 577A.
SECTION 4. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Chapter 577A, Health and Safety Code, as added by this Act.
SECTION 5. If the legislature does not appropriate money
specifically for the purpose of implementing a provision of this
Act, the Health and Human Services Commission may, but is not
required to, implement a provision of this Act using other
appropriations that are available for that purpose.
SECTION 6. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3121 was passed by the House on May
13, 2021, by the following vote: Yeas 97, Nays 44, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3121 on May 28, 2021, by the following vote: Yeas 95, Nays 53,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3121 was passed by the Senate, with
amendments, on May 26, 2021, by the following vote: Yeas 27, Nays
4.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor