Texas 2025 - 89th Regular

Texas House Bill HB2819 Compare Versions

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

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1	1	By: Oliverson H.B. No. 2819
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the licensing and regulation of outpatient behavioral
9	9	health centers; authorizing civil and administrative penalties;
10	10	imposing fees.
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 577B to read as follows:
14	14	CHAPTER 577B. OUTPATIENT BEHAVIORAL HEALTH CENTERS
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 577B.001. DEFINITIONS. In this chapter:
17	17	(1) "Commission" means the Health and Human Services
18	18	Commission.
19	19	(2) "Outpatient behavioral health center" means a
20	20	private facility that provides partial hospitalization services or
21	21	intensive outpatient mental health services for persons with
22	22	substance use disorders or who are experiencing mental illness.
23	23	Sec. 577B.002. EXEMPTIONS. This chapter does not apply to:
24	24	(1) a mental hospital;
25	25	(2) a private mental hospital or other mental health
26	26	facility licensed under Chapter 577; or
27	27	(3) a psychiatric residential youth treatment
28	28	facility certified under Chapter 577A.
29	29	Sec. 577B.003. RULES. The executive commissioner shall
30	30	adopt rules necessary to implement this chapter.
31	31	SUBCHAPTER B. LICENSING, FEES, AND INSPECTIONS
32	32	Sec. 577B.051. LICENSE REQUIRED. A person may not operate
33	33	an outpatient behavioral health center without a license issued by
34	34	the commission under this chapter.
35	35	Sec. 577B.052. LICENSE APPLICATION. (a) An applicant for a
36	36	license under this chapter must submit a sworn application to the
37	37	commission on a form prescribed by the commission.
38	38	(b) The commission shall prepare the application form and
39	39	make the form available on request.
40	40	(c) The application must be accompanied by a nonrefundable
41	41	application fee and by a license fee. The commission shall return
42	42	the license fee if the application is denied.
43	43	(d) The application must contain:
44	44	(1) the name and location of the outpatient behavioral
45	45	health center;
46	46	(2) the name and address of the physician to be in
47	47	charge of the treatment of patients;
48	48	(3) the name and address of the outpatient behavioral
49	49	health center owners, including the officers, directors, and
50	50	principal stockholders if the owner is a corporation or other
51	51	association;
52	52	(4) the number, duties, and qualifications of the
53	53	professional staff;
54	54	(5) a description of the equipment and facilities of
55	55	the outpatient behavioral health center; and
56	56	(6) other information required by the commission,
57	57	including affirmative evidence of ability to comply with the
58	58	commission's rules and standards.
59	59	(e) The applicant must submit a plan of the outpatient
60	60	behavioral health center premises that describes the buildings and
61	61	grounds and the manner in which the various parts of the premises
62	62	are intended to be used.
63	63	(f) Subsection (e) does not apply to an application
64	64	submitted for an outpatient behavioral health center that is in
65	65	operation on September 1, 2025. This subsection expires September
66	66	1, 2026.
67	67	Sec. 577B.053. INVESTIGATION. The commission shall conduct
68	68	an investigation as considered necessary after receiving the
69	69	completed license application and the required fees.
70	70	Sec. 577B.054. ISSUANCE AND RENEWAL OF LICENSE. (a) The
71	71	commission shall issue a license if the commission finds that the
72	72	premises are suitable and that the applicant is qualified to
73	73	operate an outpatient behavioral health center, in accordance with
74	74	the requirements and standards prescribed by law and the
75	75	commission.
76	76	(b) A license issued to the applicant under this chapter:
77	77	(1) is valid only for the premises described by the
78	78	license; and
79	79	(2) is not transferable or assignable.
80	80	(c) A license issued under this chapter expires on the
81	81	second anniversary of the date the license is issued or renewed.
82	82	(d) The commission shall renew a license if:
83	83	(1) the license holder submits to the commission a fee
84	84	established by the executive commissioner under Section 577B.055;
85	85	and
86	86	(2) on inspection and investigation the commission
87	87	determines the license holder meets the requirements of this
88	88	chapter and commission rules.
89	89	Sec. 577B.055. FEES. (a) The executive commissioner by
90	90	rule shall adopt fees for the application for a license and for the
91	91	renewal of a license in amounts reasonable and necessary to cover
92	92	the cost of administering this chapter.
93	93	(b) All fees collected under this chapter shall be deposited
94	94	to the credit of the general revenue fund.
95	95	SUBCHAPTER C. REGULATION OF OUTPATIENT BEHAVIORAL HEALTH CENTERS
96	96	Sec. 577B.101. MINIMUM STANDARDS. The executive
97	97	commissioner shall adopt minimum standards to ensure proper care
98	98	and treatment of patients in an outpatient behavioral health
99	99	center.
100	100	SUBCHAPTER D. ENFORCEMENT
101	101	Sec. 577B.151. PENALTIES. A facility licensed under this
102	102	chapter is subject to a civil penalty under Section 571.023 or an
103	103	administrative penalty under Section 571.025, as applicable, for a
104	104	violation of this chapter or a rule adopted under this chapter.
105	105	SECTION 2. Section 577.002(b), Health and Safety Code, is
106	106	amended to read as follows:
107	107	(b) This chapter does not apply to:
108	108	(1) a psychiatric residential youth treatment
109	109	facility certified under Chapter 577A; or
110	110	(2) an outpatient behavioral health center licensed
111	111	under Chapter 577B.
112	112	SECTION 3. Section 577A.002, Health and Safety Code, is
113	113	amended to read as follows:
114	114	Sec. 577A.002. EXEMPTIONS. This chapter does not apply to:
115	115	(1) a mental hospital; [or]
116	116	(2) a private mental hospital or other mental health
117	117	facility licensed under Chapter 577; or
118	118	(3) an outpatient behavioral health center licensed
119	119	under Chapter 577B.
120	120	SECTION 4. (a) As soon as practicable after the effective
121	121	date of this Act, the executive commissioner of the Health and Human
122	122	Services Commission shall adopt rules necessary to implement
123	123	Chapter 577B, Health and Safety Code, as added by this Act.
124	124	(b) Notwithstanding Chapter 577B, Health and Safety Code,
125	125	as added by this Act, an outpatient behavioral health center
126	126	described by that chapter is not required to be licensed under that
127	127	chapter until September 1, 2026.
128	128	SECTION 5. This Act takes effect September 1, 2025.