89R4798 LRM-D
By: Menéndez S.B. No. 2475
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure and consideration of criminal conduct
for purposes of certification as a peer specialist or peer
specialist supervisor to provide Medicaid mental health and
substance use services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 547.0003(a), Government Code, as
effective April 1, 2025, is amended to read as follows:
(a) With input from mental health and substance use peer
specialists and subject to Section 547.00031, the commission shall
develop and the executive commissioner shall adopt:
(1) rules establishing training requirements for peer
specialists to provide services to individuals with mental illness
or individuals with substance use conditions;
(2) rules establishing certification and supervision
requirements for peer specialists;
(3) rules defining the scope of services that peer
specialists may provide;
(4) rules distinguishing peer services from other
services that a person must hold a license to provide; and
(5) any other rules necessary to protect the health
and safety of individuals receiving peer services.
SECTION 2. Subchapter A, Chapter 547, Government Code, as
effective April 1, 2025, is amended by adding Section 547.00031 to
read as follows:
Sec. 547.00031. MEDICAID PEER SPECIALISTS AND PEER
SPECIALIST SUPERVISORS. (a) In this section, "certification
entity" means an entity that issues a certification to an
individual to provide mental health or substance use peer
specialist services or to act as a peer specialist supervisor.
(b) An applicant for certification as a peer specialist or
peer specialist supervisor or a certificate holder shall disclose
to the certification entity and provide to the entity complete
information about the individual's involvement as a defendant in
any of the following:
(1) a misdemeanor or felony charge;
(2) an indictment;
(3) a placement on community supervision, including
deferred adjudication community supervision, or probation; or
(4) a conviction.
(c) An individual's failure to fully and accurately
disclose information as required by Subsection (b) may be grounds
for denial of an application for certification as a peer specialist
or peer specialist supervisor or for disciplinary action against a
certificate holder, including revocation of the certification.
(d) A certified peer specialist or peer specialist
supervisor shall immediately report to the certification entity the
individual's conviction of or placement on community supervision,
including deferred adjudication community supervision, for:
(1) a category one offense, which consists of any of
the following offenses:
(A) a capital offense;
(B) a sexual offense that involves a victim who
is a child;
(C) one or more counts of a sexual offense
punishable as a felony that involves a victim who is an adult client
of the individual;
(D) multiple counts of a sexual offense
punishable as a felony that involves a victim who is an adult and
who is not the individual's client; and
(E) an offense of criminal homicide punishable as
a felony of the first degree;
(2) a category two offense, which consists of any of
the following offenses:
(A) kidnapping;
(B) arson;
(C) an offense of criminal homicide other than an
offense described by Subdivision (1)(E);
(D) a single count of a sexual offense punishable
as a felony that involves a victim who is an adult and who is not the
individual's client; and
(E) an offense involving an attempt to commit an
offense described by Subdivision (1) or this subdivision;
(3) a category three offense, which consists of any
offense punishable as a felony that is not listed separately in this
subsection and that resulted or had the potential to result in
physical harm to another individual or an animal;
(4) a category four offense, which consists of any of
the following offenses:
(A) an alcohol or drug offense punishable as a
Class A misdemeanor;
(B) an offense punishable as a Class A
misdemeanor that resulted or had the potential to result in
physical harm to another individual or an animal;
(C) an alcohol or drug offense punishable as a
felony; and
(D) any other offense punishable as a felony that
is not included in another category in this subsection; and
(5) a category five offense, which consists of any of
the following offenses:
(A) an alcohol or drug offense punishable as a
Class B misdemeanor; and
(B) an offense punishable as a Class B
misdemeanor that resulted or had the potential to result in
physical harm to another individual or an animal.
(e) A certification entity shall deny the initial or renewal
application for certification as a peer specialist or peer
specialist supervisor of an applicant who has been convicted of or
placed on community supervision, including deferred adjudication
community supervision, for an offense:
(1) permanently, if the offense is a category one
offense;
(2) for a period of 15 years from the date of
conviction or placement on community supervision if the offense is
a category two offense;
(3) for a period of 10 years from the date of
conviction or placement on community supervision if the offense is
a category three offense; and
(4) for a period of two years from the date of
conviction or placement on community supervision if the offense is:
(A) a category four offense unless, at the time
of application, the proceedings have been dismissed and the
applicant has been discharged after completing deferred
adjudication community supervision; or
(B) a category five offense.
(f) A certification entity shall deny the initial or renewal
application for certification as a peer specialist or peer
specialist supervisor of an applicant if a court in a criminal
proceeding has entered a finding of incapacity involving the
applicant based on a mental defect or disease.
(g) A certification entity shall defer approving or denying
an initial or renewal application for certification as a peer
specialist or peer specialist supervisor made by an applicant who
has been charged with or is under indictment for an offense
described by Subsection (d). The certification entity shall:
(1) deny the application in accordance with the
applicable period prescribed by Subsection (e) if the applicant is
subsequently convicted of or placed on community supervision,
including deferred adjudication community supervision, for the
offense; or
(2) make a decision on the application without
prejudice from the charge or indictment if the charged offense is
subsequently dismissed or the applicant is subsequently acquitted
of committing the offense.
(h) A certification entity shall send notice by certified
mail to an applicant for certification whose application is
deferred under Subsection (g) at the address listed in the
certification entity's records stating the reason for deferral of
the decision on the application.
(i) A certified peer specialist or peer specialist
supervisor remains subject to applicable certification renewal
requirements regardless of whether the certification entity's
approval or denial of the renewal application is deferred as
required by Subsection (g).
(j) An individual whose application is denied in accordance
with Subsection (e) or (f) may reapply for certification on or after
the date:
(1) the individual receives a full pardon based on the
individual's wrongful conviction;
(2) the applicable period established by Subsection
(e) has elapsed; or
(3) a court finds that the individual is no longer
incapacitated after a previous finding of incapacity in accordance
with Subsection (f).
(k) An individual whose application for certification has
been denied or deferred under this section may appeal the action
only if:
(1) the individual was convicted of or placed on
community supervision, including deferred adjudication community
supervision, for an offense; and
(2) the individual claims that the period established
by Subsection (e) applicable to that offense has elapsed.
(l) Nothing in this section limits the commission's or
certification entity's authority under other law, including rules,
or policies to take any other action against an applicant for
certification as a peer specialist or peer specialist supervisor or
a certificate holder.
(m) An individual may not be certified as a peer specialist
or peer specialist supervisor if the individual is listed on the
employee misconduct registry maintained by the commission under
Chapter 253, Health and Safety Code.
(n) A certification entity may develop an exception process
under which an applicant for certification as a peer specialist or
peer specialist supervisor who has a criminal history involving an
offense that under Subsection (e) would otherwise preclude
certification may request approval of the applicant's application
on the basis of extraordinary or extenuating circumstances specific
to the applicant's criminal history and events of the applicant's
life since the conviction of or placement on community supervision
for the offense. A certification entity's exception process:
(1) must be documented and approved by the commission;
and
(2) may not allow for an exception to Subsection (m).
SECTION 3. Section 547.00031, Government Code, as added by
this Act, applies to an application for certification, including an
application for a renewal certification, as a peer specialist or
peer specialist supervisor pending on or submitted on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2025.