Texas 2023 - 88th Regular

Texas House Bill HB5244 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Toth H.B. No. 5244
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to certain hospitals and their treatment of mental health.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 448.901, Administrative code, is amended
9	9	by amending Subsections(c), (o), and (p) to read as follows:
10	10	(c) Chemical dependency or Mental Health education and life
11	11	skills training shall follow a written curriculum. All educational
12	12	sessions shall include client participation and discussion of the
13	13	material presented.
14	14	(o) Individuals responsible for planning, directing, or
15	15	supervising treatment programs shall be QCCs. The clinical program
16	16	director must have at least two years of post-licensure experience
17	17	providing chemical dependency treatment. Clinical Directors of a
18	18	Mental Health primary residential program must be a Psychiatrist or
19	19	a Licensed Medical Doctor, or PA with a minimum of 2 years
20	20	experience with mental health medicine maintenance protocol.
21	21	(p) Chemical dependency counseling must be provided by a
22	22	qualified credentialed counselor (QCC), graduate, or counselor
23	23	intern. Mental health and trauma counseling must be provided by a
24	24	qualified credentialed counselor, graduate, or counselor intern.
25	25	Chemical dependency and mental health education and life skills
26	26	training shall be provided by counselors or individuals who have
27	27	the specialized education and expertise.
28	28	SECTION 2. Section 448.903, Administrative Code, is amended
29	29	to read as follows:
30	30	(a) Residential treatment provides 24-hour per day, 7 days
31	31	per week multidisciplinary professional clinical support to
32	32	facilitate recovery from addiction or other mental health
33	33	conditions. Clients are housed in a residential site.
34	34	Comprehensive chemical dependency treatment services or mental
35	35	health care treatment services offer a structured therapeutic
36	36	environment.
37	37	(b) The facility shall ensure access to the full continuum
38	38	of treatment services and will ensure sufficient treatment
39	39	intensity to achieve treatment plan goals. Intensity and content
40	40	of treatment shall be appropriate to the client's needs and
41	41	consistent with generally accepted placement guidelines and
42	42	standards of care.
43	43	(c) Each individual admitted to intensive residential
44	44	services shall be appropriate for this treatment setting, with
45	45	written justification to support the admission.
46	46	(d) Intensive residential shall provide an average of at
47	47	least 30 hours of services per week for each client, comprised of at
48	48	least:
49	49	(1) ten hours of chemical dependency or mental health
50	50	counseling, (one hour of which shall be individual counseling);
51	51	(2) ten hours of additional counseling, chemical
52	52	dependency or mental health education, life skills training,
53	53	relapse prevention education, if appropriate; and
54	54	(3) ten hours of planned, structured activities monitored
55	55	by staff. Five hours of these services shall occur on weekends and
56	56	evenings.
57	57	(e) In adult intensive residential programs, the direct
58	58	care staff-to-client ratio shall be at least 1:16 when clients are
59	59	awake and 1:32 during sleeping hours.
60	60	(f) In intensive residential programs counselor caseloads
61	61	shall not exceed ten clients for each counselor.
62	62	(g) Supportive residential shall provide at least six hours
63	63	of treatment services per week for each client, comprised of at
64	64	least :
65	65	(1) three hours of chemical dependency and mental health
66	66	counseling (one hour per month of which shall be individual
67	67	counseling); and
68	68	(2) three hours of additional counseling, chemical
69	69	dependency education, life skills training, and relapse prevention
70	70	education or mental health counselling based on individual's
71	71	treatment plan.
72	72	(h) In adult supportive residential programs, the direct
73	73	care staff-to-client ratio shall be at least 1:20 when clients are
74	74	awake and 1:50 during sleeping hours.
75	75	(i) Each supportive residential program shall set limits on
76	76	caseload size that ensure effective, individualized treatment. The
77	77	program shall justify the caseload size in writing based on the
78	78	program design, characteristics and needs of the population served,
79	79	and any other relevant factors.
80	80	SECTION 3. Section 448.912, Administrative Code, is amended
81	81	to read as follows:
82	82	A licensed chemical dependency treatment facility shall not
83	83	discriminate based on a client's disability and shall comply with
84	84	Texas Health and Safety Code Chapter 161, Subchapter S (relating to
85	85	Allocation of Kidneys and Other Organs Available for Transplant).
86	86	SECTION 4. This Act takes effect September 1, 2023.