Texas 2025 - 89th Regular

Texas Senate Bill SB2475 Compare Versions

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

Old	New	Differences
1	1	89R4798 LRM-D
2	2	By: Menéndez S.B. No. 2475
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the disclosure and consideration of criminal conduct
10	10	for purposes of certification as a peer specialist or peer
11	11	specialist supervisor to provide Medicaid mental health and
12	12	substance use services.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 547.0003(a), Government Code, as
15	15	effective April 1, 2025, is amended to read as follows:
16	16	(a) With input from mental health and substance use peer
17	17	specialists and subject to Section 547.00031, the commission shall
18	18	develop and the executive commissioner shall adopt:
19	19	(1) rules establishing training requirements for peer
20	20	specialists to provide services to individuals with mental illness
21	21	or individuals with substance use conditions;
22	22	(2) rules establishing certification and supervision
23	23	requirements for peer specialists;
24	24	(3) rules defining the scope of services that peer
25	25	specialists may provide;
26	26	(4) rules distinguishing peer services from other
27	27	services that a person must hold a license to provide; and
28	28	(5) any other rules necessary to protect the health
29	29	and safety of individuals receiving peer services.
30	30	SECTION 2. Subchapter A, Chapter 547, Government Code, as
31	31	effective April 1, 2025, is amended by adding Section 547.00031 to
32	32	read as follows:
33	33	Sec. 547.00031. MEDICAID PEER SPECIALISTS AND PEER
34	34	SPECIALIST SUPERVISORS. (a) In this section, "certification
35	35	entity" means an entity that issues a certification to an
36	36	individual to provide mental health or substance use peer
37	37	specialist services or to act as a peer specialist supervisor.
38	38	(b) An applicant for certification as a peer specialist or
39	39	peer specialist supervisor or a certificate holder shall disclose
40	40	to the certification entity and provide to the entity complete
41	41	information about the individual's involvement as a defendant in
42	42	any of the following:
43	43	(1) a misdemeanor or felony charge;
44	44	(2) an indictment;
45	45	(3) a placement on community supervision, including
46	46	deferred adjudication community supervision, or probation; or
47	47	(4) a conviction.
48	48	(c) An individual's failure to fully and accurately
49	49	disclose information as required by Subsection (b) may be grounds
50	50	for denial of an application for certification as a peer specialist
51	51	or peer specialist supervisor or for disciplinary action against a
52	52	certificate holder, including revocation of the certification.
53	53	(d) A certified peer specialist or peer specialist
54	54	supervisor shall immediately report to the certification entity the
55	55	individual's conviction of or placement on community supervision,
56	56	including deferred adjudication community supervision, for:
57	57	(1) a category one offense, which consists of any of
58	58	the following offenses:
59	59	(A) a capital offense;
60	60	(B) a sexual offense that involves a victim who
61	61	is a child;
62	62	(C) one or more counts of a sexual offense
63	63	punishable as a felony that involves a victim who is an adult client
64	64	of the individual;
65	65	(D) multiple counts of a sexual offense
66	66	punishable as a felony that involves a victim who is an adult and
67	67	who is not the individual's client; and
68	68	(E) an offense of criminal homicide punishable as
69	69	a felony of the first degree;
70	70	(2) a category two offense, which consists of any of
71	71	the following offenses:
72	72	(A) kidnapping;
73	73	(B) arson;
74	74	(C) an offense of criminal homicide other than an
75	75	offense described by Subdivision (1)(E);
76	76	(D) a single count of a sexual offense punishable
77	77	as a felony that involves a victim who is an adult and who is not the
78	78	individual's client; and
79	79	(E) an offense involving an attempt to commit an
80	80	offense described by Subdivision (1) or this subdivision;
81	81	(3) a category three offense, which consists of any
82	82	offense punishable as a felony that is not listed separately in this
83	83	subsection and that resulted or had the potential to result in
84	84	physical harm to another individual or an animal;
85	85	(4) a category four offense, which consists of any of
86	86	the following offenses:
87	87	(A) an alcohol or drug offense punishable as a
88	88	Class A misdemeanor;
89	89	(B) an offense punishable as a Class A
90	90	misdemeanor that resulted or had the potential to result in
91	91	physical harm to another individual or an animal;
92	92	(C) an alcohol or drug offense punishable as a
93	93	felony; and
94	94	(D) any other offense punishable as a felony that
95	95	is not included in another category in this subsection; and
96	96	(5) a category five offense, which consists of any of
97	97	the following offenses:
98	98	(A) an alcohol or drug offense punishable as a
99	99	Class B misdemeanor; and
100	100	(B) an offense punishable as a Class B
101	101	misdemeanor that resulted or had the potential to result in
102	102	physical harm to another individual or an animal.
103	103	(e) A certification entity shall deny the initial or renewal
104	104	application for certification as a peer specialist or peer
105	105	specialist supervisor of an applicant who has been convicted of or
106	106	placed on community supervision, including deferred adjudication
107	107	community supervision, for an offense:
108	108	(1) permanently, if the offense is a category one
109	109	offense;
110	110	(2) for a period of 15 years from the date of
111	111	conviction or placement on community supervision if the offense is
112	112	a category two offense;
113	113	(3) for a period of 10 years from the date of
114	114	conviction or placement on community supervision if the offense is
115	115	a category three offense; and
116	116	(4) for a period of two years from the date of
117	117	conviction or placement on community supervision if the offense is:
118	118	(A) a category four offense unless, at the time
119	119	of application, the proceedings have been dismissed and the
120	120	applicant has been discharged after completing deferred
121	121	adjudication community supervision; or
122	122	(B) a category five offense.
123	123	(f) A certification entity shall deny the initial or renewal
124	124	application for certification as a peer specialist or peer
125	125	specialist supervisor of an applicant if a court in a criminal
126	126	proceeding has entered a finding of incapacity involving the
127	127	applicant based on a mental defect or disease.
128	128	(g) A certification entity shall defer approving or denying
129	129	an initial or renewal application for certification as a peer
130	130	specialist or peer specialist supervisor made by an applicant who
131	131	has been charged with or is under indictment for an offense
132	132	described by Subsection (d). The certification entity shall:
133	133	(1) deny the application in accordance with the
134	134	applicable period prescribed by Subsection (e) if the applicant is
135	135	subsequently convicted of or placed on community supervision,
136	136	including deferred adjudication community supervision, for the
137	137	offense; or
138	138	(2) make a decision on the application without
139	139	prejudice from the charge or indictment if the charged offense is
140	140	subsequently dismissed or the applicant is subsequently acquitted
141	141	of committing the offense.
142	142	(h) A certification entity shall send notice by certified
143	143	mail to an applicant for certification whose application is
144	144	deferred under Subsection (g) at the address listed in the
145	145	certification entity's records stating the reason for deferral of
146	146	the decision on the application.
147	147	(i) A certified peer specialist or peer specialist
148	148	supervisor remains subject to applicable certification renewal
149	149	requirements regardless of whether the certification entity's
150	150	approval or denial of the renewal application is deferred as
151	151	required by Subsection (g).
152	152	(j) An individual whose application is denied in accordance
153	153	with Subsection (e) or (f) may reapply for certification on or after
154	154	the date:
155	155	(1) the individual receives a full pardon based on the
156	156	individual's wrongful conviction;
157	157	(2) the applicable period established by Subsection
158	158	(e) has elapsed; or
159	159	(3) a court finds that the individual is no longer
160	160	incapacitated after a previous finding of incapacity in accordance
161	161	with Subsection (f).
162	162	(k) An individual whose application for certification has
163	163	been denied or deferred under this section may appeal the action
164	164	only if:
165	165	(1) the individual was convicted of or placed on
166	166	community supervision, including deferred adjudication community
167	167	supervision, for an offense; and
168	168	(2) the individual claims that the period established
169	169	by Subsection (e) applicable to that offense has elapsed.
170	170	(l) Nothing in this section limits the commission's or
171	171	certification entity's authority under other law, including rules,
172	172	or policies to take any other action against an applicant for
173	173	certification as a peer specialist or peer specialist supervisor or
174	174	a certificate holder.
175	175	(m) An individual may not be certified as a peer specialist
176	176	or peer specialist supervisor if the individual is listed on the
177	177	employee misconduct registry maintained by the commission under
178	178	Chapter 253, Health and Safety Code.
179	179	(n) A certification entity may develop an exception process
180	180	under which an applicant for certification as a peer specialist or
181	181	peer specialist supervisor who has a criminal history involving an
182	182	offense that under Subsection (e) would otherwise preclude
183	183	certification may request approval of the applicant's application
184	184	on the basis of extraordinary or extenuating circumstances specific
185	185	to the applicant's criminal history and events of the applicant's
186	186	life since the conviction of or placement on community supervision
187	187	for the offense. A certification entity's exception process:
188	188	(1) must be documented and approved by the commission;
189	189	and
190	190	(2) may not allow for an exception to Subsection (m).
191	191	SECTION 3. Section 547.00031, Government Code, as added by
192	192	this Act, applies to an application for certification, including an
193	193	application for a renewal certification, as a peer specialist or
194	194	peer specialist supervisor pending on or submitted on or after the
195	195	effective date of this Act.
196	196	SECTION 4. This Act takes effect September 1, 2025.