88R9570 EAS-D
By: Springer S.B. No. 1282
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Texas Mental Health Care
Enterprise Fund and the granting of license reciprocity to certain
mental health professionals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 7, Health and Safety Code, is
amended by adding Chapter 616 to read as follows:
CHAPTER 616. TEXAS MENTAL HEALTH CARE ENTERPRISE FUND
Sec. 616.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Fund" means the Texas Mental Health Care
Enterprise Fund established under this chapter.
(3) "Mental health professional" means:
(A) a physician certified in psychiatry that is
licensed under Subtitle B, Title 3, Occupations Code;
(B) a clinical psychologist licensed under
Chapter 501, Occupations Code;
(C) a behavior analyst licensed under Chapter
506, Occupations Code;
(D) a clinical social worker licensed under
Chapter 505, Occupations Code;
(E) a licensed professional counselor licensed
under Chapter 503, Occupations Code;
(F) a marriage and family therapist licensed
under Chapter 502, Occupations Code;
(G) an advanced practice registered nurse, as
defined by Section 301.152, Occupations Code, certified in
psychiatry; and
(H) a nurse licensed under Chapter 301,
Occupations Code, with a master's or doctoral degree in psychiatric
nursing.
Sec. 616.002. TEXAS MENTAL HEALTH CARE ENTERPRISE FUND.
(a) The Texas Mental Health Care Enterprise Fund is an account in
the general revenue fund that may be used only for making payments
under this chapter and to pay costs of administering this chapter.
(b) The fund includes:
(1) amounts appropriated by the legislature to the
fund for purposes of this chapter;
(2) interest or other returns earned on the investment
of money in the fund; and
(3) gifts, grants, and other donations received for
the purposes of the fund.
(c) The commission shall award from the fund bonus payments
to eligible mental health professionals for the purpose of
recruiting and retaining those professionals to provide services in
this state.
Sec. 616.003. ELIGIBILITY; AWARD. (a) A mental health
professional is eligible to receive a bonus payment under this
chapter only if the professional is employed by or is under contract
with:
(1) a local mental health authority, as defined by
Section 531.002;
(2) a local behavioral health authority designated by
the commission under Section 533.0356;
(3) a state hospital, as defined by Section 552.0011;
(4) the Waco Center for Youth; or
(5) a public hospital licensed under Chapter 241 that
employs:
(A) medical and nursing professionals who
provide 24-hour professional monitoring, supervision, and
assistance in an environment designed to provide safety and
security during an acute behavioral health crisis; and
(B) staff who provide intensive interventions
designed to relieve acute symptomatology and restore the patient's
ability to function in a less restrictive setting.
(b) The commission may award bonus payments in different
amounts based on:
(1) the mental health professional's specific mental
health role; and
(2) whether the mental health professional works in an
urban or rural area.
(c) The commission may not award bonus payments to an
individual mental health professional:
(1) more than once in a calendar year;
(2) in an amount that exceeds $15,000 for a single
payment; and
(3) in a total amount of more than $30,000.
Sec. 616.004. RULES. The executive commissioner shall
adopt rules to implement this chapter.
SECTION 2. Chapter 112, Occupations Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. RECIPROCITY FOR CERTAIN MENTAL HEALTH PROFESSIONALS
Sec. 112.101. DEFINITIONS. In this subchapter:
(1) "Licensing entity" means a department,
commission, board, office, authority, or other agency of this state
that regulates a mental health professional.
(2) "Mental health professional" has the meaning
assigned by Section 616.001, Health and Safety Code.
Sec. 112.102. RECIPROCITY. (a) A licensing entity shall
issue a license to a person who is currently licensed as a mental
health professional from another state or jurisdiction that imposes
licensure requirements similar to those specified in this chapter.
(b) An applicant for a reciprocal license shall:
(1) submit evidence to the licensing entity that the
applicant:
(A) is in good standing as determined by the
licensing entity;
(B) holds a valid license from another state or
jurisdiction; and
(C) is in compliance with other requirements
established by the licensing entity; and
(2) pay the required fees, if applicable.
SECTION 3. 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 616, Health and Safety Code, as added by this Act.
SECTION 4. Section 112.102, Occupations Code, as added by
this Act, applies only to an application for a license submitted to
a licensing entity to which that section applies on or after the
effective date of this Act. An application for a license submitted
before the effective date of this Act is governed by the law in
effect on the date the application was submitted, and the former law
is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2023.