Texas 2021 - 87th Regular

Texas Senate Bill SB1218 Compare Versions

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

Old	New	Differences
1	1	87R10924 JG-D
2	2	By: Johnson S.B. No. 1218
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a voluntary quality standards certification process for
8	8	certain private residential psychiatric treatment facilities that
9	9	provide treatments and services to youth; imposing fees;
10	10	authorizing civil and administrative penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 7, Health and Safety Code, is
13	13	amended by adding Chapter 577A to read as follows:
14	14	CHAPTER 577A. PSYCHIATRIC RESIDENTIAL YOUTH TREATMENT FACILITIES
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 577A.001. DEFINITIONS. In this chapter:
17	17	(1) "Commission" means the Health and Human Services
18	18	Commission.
19	19	(2) "Executive commissioner" means the executive
20	20	commissioner of the commission.
21	21	(3) "Psychiatric residential youth treatment
22	22	facility" means a private facility that provides residential
23	23	psychiatric health treatments and services exclusively to
24	24	individuals who are 21 years of age or younger. The term includes a
25	25	facility that provides room and board.
26	26	Sec. 577A.002. EXEMPTIONS. This chapter does not apply to:
27	27	(1) a mental hospital; or
28	28	(2) a private mental hospital or other mental health
29	29	facility licensed under Chapter 577.
30	30	Sec. 577A.003. LICENSING AND OTHER REQUIREMENTS NOT
31	31	AFFECTED. This chapter does not affect any licensing or other
32	32	requirements of a psychiatric residential youth treatment facility
33	33	under Chapter 42, Human Resources Code.
34	34	Sec. 577A.004. RULES. The executive commissioner shall
35	35	adopt rules necessary to implement this chapter.
36	36	SUBCHAPTER B. CERTIFICATION, FEES, AND INSPECTIONS
37	37	Sec. 577A.051. VOLUNTARY QUALITY STANDARDS CERTIFICATION.
38	38	The commission shall develop and implement a voluntary quality
39	39	standards certification process to certify a psychiatric
40	40	residential youth treatment facility that meets standards for
41	41	certification under this chapter.
42	42	Sec. 577A.052. CERTIFICATE APPLICATION. (a) To obtain a
43	43	certificate under this chapter, an applicant must submit to the
44	44	commission an application in the form and manner prescribed by the
45	45	commission.
46	46	(b) Each application must be accompanied by a fee
47	47	established by the executive commissioner under Section 577A.053.
48	48	Sec. 577A.053. FEES. The executive commissioner by rule
49	49	shall establish a nonrefundable certificate application fee and a
50	50	nonrefundable certificate renewal fee in amounts necessary to cover
51	51	the costs of administering this chapter.
52	52	Sec. 577A.054. ISSUANCE AND RENEWAL OF CERTIFICATE. (a)
53	53	The commission shall issue a certificate to an applicant if on
54	54	inspection and investigation the commission determines the
55	55	applicant meets the requirements of this chapter and commission
56	56	rules.
57	57	(b) A certificate issued under this chapter expires on the
58	58	second anniversary of the date the certificate is issued or
59	59	renewed.
60	60	(c) The commission shall renew a certificate if:
61	61	(1) the certificate holder submits to the commission a
62	62	fee established by the executive commissioner under Section
63	63	577A.053; and
64	64	(2) on inspection and investigation the commission
65	65	determines the certificate holder meets the requirements of this
66	66	chapter and commission rules.
67	67	Sec. 577A.055. INSPECTIONS. In addition to the inspections
68	68	required under Section 577A.054, the commission shall conduct an
69	69	inspection not later than the first anniversary of the date a
70	70	certificate is issued or renewed to ensure the certificate holder
71	71	remains in compliance with the requirements of this chapter and
72	72	commission rules.
73	73	SUBCHAPTER C. REGULATION OF CERTIFIED PSYCHIATRIC RESIDENTIAL
74	74	YOUTH TREATMENT FACILITIES
75	75	Sec. 577A.101. MINIMUM STANDARDS. The executive
76	76	commissioner by rule shall establish minimum standards for the
77	77	certification of psychiatric residential youth treatment
78	78	facilities under this chapter. The minimum standards must require
79	79	a facility to:
80	80	(1) obtain accreditation by The Joint Commission, the
81	81	Commission on Accreditation of Rehabilitation Facilities, the
82	82	Council on Accreditation, or another accrediting organization
83	83	approved by the commission; and
84	84	(2) provide and prescribe guidelines for the provision
85	85	of the following activities, treatments, and services:
86	86	(A) development and implementation of individual
87	87	plans of care, including the provision of services provided by a
88	88	licensed psychiatrist or physician to develop individual plans of
89	89	care;
90	90	(B) individual therapy;
91	91	(C) family engagement activities;
92	92	(D) consultation services with qualified
93	93	professionals, including case managers, primary care
94	94	professionals, community-based mental health providers, school
95	95	staff, and other support planners;
96	96	(E) 24-hour nursing services; and
97	97	(F) direct care and supervision services,
98	98	supportive services for daily living and safety, and positive
99	99	behavior management services.
100	100	Sec. 577A.102. ADMISSION CRITERIA. A facility certified
101	101	under this chapter may not admit or provide treatments or services
102	102	to an individual unless the individual:
103	103	(1) is 21 years of age or younger;
104	104	(2) has a mental health diagnosis that is supported
105	105	by:
106	106	(A) clinical evidence of severe aggression; or
107	107	(B) a finding that the individual poses a risk to
108	108	the individual or to others;
109	109	(3) requires residential psychiatric treatment under
110	110	the direction of a licensed physician to improve the individual's
111	111	condition; and
112	112	(4) was referred for treatments or services in a
113	113	psychiatric residential youth treatment facility by a licensed
114	114	mental health professional.
115	115	SUBCHAPTER D. ENFORCEMENT
116	116	Sec. 577A.151. PENALTIES. A facility certified under this
117	117	chapter is subject to a civil penalty under Section 571.023 or an
118	118	administrative penalty under Section 571.025, as applicable, for a
119	119	violation of this chapter or a rule adopted under this chapter.
120	120	SECTION 2. Section 577.002, Health and Safety Code, is
121	121	amended to read as follows:
122	122	Sec. 577.002. EXEMPTIONS [FROM LICENSING REQUIREMENT]. (a)
123	123	A mental health facility operated by the department or a federal
124	124	agency need not be licensed under this chapter.
125	125	(b) This chapter does not apply to a psychiatric residential
126	126	youth treatment facility certified under Chapter 577A.
127	127	SECTION 3. As soon as practicable after the effective date
128	128	of this Act, the executive commissioner of the Health and Human
129	129	Services Commission shall adopt rules necessary to implement
130	130	Chapter 577A, Health and Safety Code, as added by this Act.
131	131	SECTION 4. This Act takes effect September 1, 2021.