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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Texas Mental Health Care |
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Enterprise Fund and the granting of license reciprocity to certain |
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mental health professionals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 7, Health and Safety Code, is |
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amended by adding Chapter 616 to read as follows: |
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CHAPTER 616. TEXAS MENTAL HEALTH CARE ENTERPRISE FUND |
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Sec. 616.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Fund" means the Texas Mental Health Care |
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Enterprise Fund established under this chapter. |
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(3) "Mental health professional" means: |
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(A) a physician certified in psychiatry that is |
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licensed under Subtitle B, Title 3, Occupations Code; |
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(B) a clinical psychologist licensed under |
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Chapter 501, Occupations Code; |
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(C) a behavior analyst licensed under Chapter |
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506, Occupations Code; |
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(D) a clinical social worker licensed under |
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Chapter 505, Occupations Code; |
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(E) a licensed professional counselor licensed |
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under Chapter 503, Occupations Code; |
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(F) a marriage and family therapist licensed |
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under Chapter 502, Occupations Code; |
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(G) an advanced practice registered nurse, as |
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defined by Section 301.152, Occupations Code, certified in |
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psychiatry; and |
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(H) a nurse licensed under Chapter 301, |
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Occupations Code, with a master's or doctoral degree in psychiatric |
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nursing. |
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Sec. 616.002. TEXAS MENTAL HEALTH CARE ENTERPRISE FUND. |
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(a) The Texas Mental Health Care Enterprise Fund is an account in |
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the general revenue fund that may be used only for making payments |
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under this chapter and to pay costs of administering this chapter. |
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(b) The fund includes: |
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(1) amounts appropriated by the legislature to the |
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fund for purposes of this chapter; |
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(2) interest or other returns earned on the investment |
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of money in the fund; and |
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(3) gifts, grants, and other donations received for |
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the purposes of the fund. |
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(c) The commission shall award from the fund bonus payments |
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to eligible mental health professionals for the purpose of |
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recruiting and retaining those professionals to provide services in |
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this state. |
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Sec. 616.003. ELIGIBILITY; AWARD. (a) A mental health |
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professional is eligible to receive a bonus payment under this |
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chapter only if the professional is employed by or is under contract |
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with: |
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(1) a local mental health authority, as defined by |
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Section 531.002; |
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(2) a local behavioral health authority designated by |
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the commission under Section 533.0356; |
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(3) a state hospital, as defined by Section 552.0011; |
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(4) the Waco Center for Youth; or |
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(5) a public hospital licensed under Chapter 241 that |
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employs: |
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(A) medical and nursing professionals who |
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provide 24-hour professional monitoring, supervision, and |
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assistance in an environment designed to provide safety and |
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security during an acute behavioral health crisis; and |
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(B) staff who provide intensive interventions |
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designed to relieve acute symptomatology and restore the patient's |
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ability to function in a less restrictive setting. |
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(b) The commission may award bonus payments in different |
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amounts based on: |
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(1) the mental health professional's specific mental |
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health role; and |
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(2) whether the mental health professional works in an |
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urban or rural area. |
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(c) The commission may not award bonus payments to an |
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individual mental health professional: |
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(1) more than once in a calendar year; |
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(2) in an amount that exceeds $15,000 for a single |
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payment; and |
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(3) in a total amount of more than $30,000. |
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Sec. 616.004. RULES. The executive commissioner shall |
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adopt rules to implement this chapter. |
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SECTION 2. Chapter 112, Occupations Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. RECIPROCITY FOR CERTAIN MENTAL HEALTH PROFESSIONALS |
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Sec. 112.101. DEFINITIONS. In this subchapter: |
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(1) "Licensing entity" means a department, |
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commission, board, office, authority, or other agency of this state |
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that regulates a mental health professional. |
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(2) "Mental health professional" has the meaning |
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assigned by Section 616.001, Health and Safety Code. |
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Sec. 112.102. RECIPROCITY. (a) A licensing entity shall |
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issue a license to a person who is currently licensed as a mental |
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health professional from another state or jurisdiction that imposes |
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licensure requirements similar to those specified in this chapter. |
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(b) An applicant for a reciprocal license shall: |
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(1) submit evidence to the licensing entity that the |
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applicant: |
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(A) is in good standing as determined by the |
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licensing entity; |
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(B) holds a valid license from another state or |
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jurisdiction; and |
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(C) is in compliance with other requirements |
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established by the licensing entity; and |
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(2) pay the required fees, if applicable. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Chapter 616, Health and Safety Code, as added by this Act. |
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SECTION 4. Section 112.102, Occupations Code, as added by |
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this Act, applies only to an application for a license submitted to |
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a licensing entity to which that section applies on or after the |
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effective date of this Act. An application for a license submitted |
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before the effective date of this Act is governed by the law in |
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effect on the date the application was submitted, and the former law |
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is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |