By: Turner of Dallas, et al. H.B. No. 3121
        (Senate Sponsor - Johnson)
         (In the Senate - Received from the House May 14, 2021;
  May 18, 2021, read first time and referred to Committee on Health &
  Human Services; May 21, 2021, reported favorably by the following
  vote:  Yeas 9, Nays 0; May 21, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a voluntary quality standards certification process for
  certain private residential psychiatric treatment facilities that
  provide treatments and services to youth; imposing fees;
  authorizing civil and administrative penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as Alec's Law.
         SECTION 2.  Subtitle C, Title 7, Health and Safety Code, is
  amended by adding Chapter 577A to read as follows:
  CHAPTER 577A. PSYCHIATRIC RESIDENTIAL YOUTH TREATMENT FACILITIES
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 577A.001.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Executive commissioner" means the executive
  commissioner of the commission.
               (3)  "Psychiatric residential youth treatment
  facility" means a private facility that provides psychiatric health
  treatments and services in a residential, nonhospital setting
  exclusively to individuals who are 21 years of age or younger and
  that meets criteria to be licensed as a general residential
  operation under Chapter 42, Human Resources Code. The term
  includes a facility that provides room and board.
               (4)  "Severe emotional disturbance" means a mental,
  behavioral, or emotional disorder of sufficient duration to result
  in functional impairment that substantially interferes with or
  limits an individual's role or ability to function in family,
  school, or community activities.
         Sec. 577A.002.  EXEMPTIONS. This chapter does not apply to:
               (1)  a mental hospital; or
               (2)  a private mental hospital or other mental health
  facility licensed under Chapter 577.
         Sec. 577A.003.  LICENSING AND OTHER REQUIREMENTS NOT
  AFFECTED. This chapter does not affect any licensing or other
  requirements of a psychiatric residential youth treatment facility
  under Chapter 42, Human Resources Code.
         Sec. 577A.004.  RULES. The executive commissioner shall
  adopt rules necessary to implement this chapter.
  SUBCHAPTER B. CERTIFICATION, FEES, AND INSPECTIONS
         Sec. 577A.051.  VOLUNTARY QUALITY STANDARDS CERTIFICATION.
  The commission shall develop and implement a voluntary quality
  standards certification process to certify a psychiatric
  residential youth treatment facility that meets standards for
  certification under this chapter.
         Sec. 577A.052.  CERTIFICATE APPLICATION. (a) To obtain a
  certificate under this chapter, an applicant must submit to the
  commission an application in the form and manner prescribed by the
  commission.
         (b)  Each application must be accompanied by a fee
  established by the executive commissioner under Section 577A.053.
         Sec. 577A.053.  FEES. The executive commissioner by rule
  shall establish a nonrefundable certificate application fee and a
  nonrefundable certificate renewal fee in amounts necessary to cover
  the costs of administering this chapter.
         Sec. 577A.054.  ISSUANCE AND RENEWAL OF CERTIFICATE. (a)
  The commission shall issue a certificate to an applicant if on
  inspection and investigation the commission determines the
  applicant meets the requirements of this chapter and commission
  rules.
         (b)  A certificate issued under this chapter expires on the
  second anniversary of the date the certificate is issued or
  renewed.
         (c)  The commission shall renew a certificate if:
               (1)  the certificate holder submits to the commission a
  fee established by the executive commissioner under Section
  577A.053; and
               (2)  on inspection and investigation the commission
  determines the certificate holder meets the requirements of this
  chapter and commission rules.
         Sec. 577A.055.  INSPECTIONS. In addition to the inspections
  required under Section 577A.054, the commission shall conduct an
  inspection not later than the first anniversary of the date a
  certificate is issued or renewed to ensure the certificate holder
  remains in compliance with the requirements of this chapter and
  commission rules.
  SUBCHAPTER C. REGULATION OF CERTIFIED PSYCHIATRIC RESIDENTIAL
  YOUTH TREATMENT FACILITIES
         Sec. 577A.101.  MINIMUM STANDARDS. The executive
  commissioner by rule shall establish minimum standards for the
  certification of psychiatric residential youth treatment
  facilities under this chapter. The minimum standards must require
  a facility to:
               (1)  obtain accreditation by The Joint Commission, the
  Commission on Accreditation of Rehabilitation Facilities, the
  Council on Accreditation, or another accrediting organization
  approved by the commission; and
               (2)  provide and prescribe guidelines for the provision
  of the following activities, treatments, and services:
                     (A)  development and implementation of individual
  plans of care, including the provision of services provided by a
  licensed psychiatrist or physician to develop individual plans of
  care;
                     (B)  individual therapy;
                     (C)  family engagement activities;
                     (D)  consultation services with qualified
  professionals, including case managers, primary care
  professionals, community-based mental health providers, school
  staff, and other support planners;
                     (E)  24-hour nursing services; and
                     (F)  direct care and supervision services,
  supportive services for daily living and safety, and positive
  behavior management services.
         Sec. 577A.102.  ADMISSION CRITERIA. A facility certified
  under this chapter may not admit or provide treatments or services
  to an individual unless the individual:
               (1)  is 21 years of age or younger;
               (2)  has been diagnosed with a severe emotional
  disturbance by a licensed mental health professional;
               (3)  requires residential psychiatric treatment under
  the direction of a licensed physician to improve the individual's
  condition; and
               (4)  was referred for treatments or services in a
  psychiatric residential youth treatment facility by a licensed
  mental health professional.
  SUBCHAPTER D. ENFORCEMENT
         Sec. 577A.151.  PENALTIES. A facility certified under this
  chapter is subject to a civil penalty under Section 571.023 or an
  administrative penalty under Section 571.025, as applicable, for a
  violation of this chapter or a rule adopted under this chapter.
         SECTION 3.  Section 577.002, Health and Safety Code, is
  amended to read as follows:
         Sec. 577.002.  EXEMPTIONS [FROM LICENSING REQUIREMENT]. (a)
  A mental health facility operated by the department or a federal
  agency need not be licensed under this chapter.
         (b)  This chapter does not apply to a psychiatric residential
  youth treatment facility certified under Chapter 577A.
         SECTION 4.  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 577A, Health and Safety Code, as added by this Act.
         SECTION 5.  This Act takes effect September 1, 2021.
 
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