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A BILL TO BE ENTITLED
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AN ACT
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relating to the employment of certain mental health professionals |
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at a public school campus. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.003(b), Education Code, is amended to |
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read as follows: |
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(b) Except as otherwise provided by this subsection, a |
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person may not be employed by a school district as an audiologist, |
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occupational therapist, physical therapist, physician, nurse, |
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school psychologist, associate school psychologist, licensed |
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professional counselor, marriage and family therapist, social |
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worker, psychiatric or mental health advanced practice nurse, |
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chemical dependency counselor, or speech language pathologist |
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unless the person is licensed by the state agency that licenses that |
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profession and may perform specific services within those |
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professions for a school district only if the person holds the |
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appropriate credential from the appropriate state agency. As long |
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as a person employed by a district before September 1, 2011, to |
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perform marriage and family therapy, as defined by Section 502.002, |
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Occupations Code, is employed by the same district, the person is |
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not required to hold a license as a marriage and family therapist to |
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perform marriage and family therapy with that district. |
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SECTION 2. Subchapter Z, Chapter 33, Education Code, is |
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amended by adding Section 33.911 to read as follows: |
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Sec. 33.911. LICENSED MENTAL HEALTH PROFESSIONAL. (a) In |
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this section, "mental health professional" has the meaning assigned |
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by Section 61.601. |
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(b) A school district with 500 or more students in average |
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daily attendance shall employ a mental health professional for |
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every 500 students in the district. |
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(c) A school district with fewer than 500 students in |
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average daily attendance shall provide mental health services to |
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students by: |
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(1) employing a part-time mental health professional; |
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(2) employing a part-time teacher licensed as a mental |
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health professional; or |
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(3) entering into a shared services arrangement |
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agreement with one or more school districts to share the services of |
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a mental health professional. |
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(d) A mental health professional employed by a school |
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district is subject to the professional standard of care applicable |
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to the mental health professional's licensure. |
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(e) A mental health professional may provide services to a |
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student only if the school district obtains the written consent of |
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the student's parent or guardian or another person having legal |
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control of the student on a consent form developed by the district. |
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The student's parent or guardian or another person having legal |
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control of the student may give consent for a student to receive |
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ongoing services or may limit consent to one or more services |
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provided on a single occasion. |
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(f) The consent form must be in a format that complies with |
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all applicable state and federal laws and allows a person to consent |
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to one or more categories of services. |
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SECTION 3. A school district shall employ or obtain the |
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services of a mental health professional, as required by Section |
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33.911, Education Code, as added by this Act, as soon as practicable |
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after the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |