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A BILL TO BE ENTITLED
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AN ACT
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relating to a list of mental health, substance abuse, and suicide |
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prevention programs that may be selected for implementation by |
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public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter O-1, Chapter 161, |
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Health and Safety Code, is amended to read as follows: |
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SUBCHAPTER O-1. [EARLY] MENTAL HEALTH, SUBSTANCE ABUSE, |
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[INTERVENTION] AND [PREVENTION OF] YOUTH SUICIDE |
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SECTION 2. The heading to Section 161.325, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 161.325. [EARLY] MENTAL HEALTH PROMOTION AND |
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INTERVENTION, SUBSTANCE ABUSE PREVENTION AND INTERVENTION, AND |
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SUICIDE PREVENTION. |
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SECTION 3. Section 161.325, Health and Safety Code, is |
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amended by amending Subsections (a), (b), (d), (e), and (i) and |
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adding Subsections (a-1) and (a-2) to read as follows: |
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(a) The department, in coordination with the Texas |
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Education Agency and regional education service centers, shall |
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provide and annually update a list of recommended best |
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practice-based programs in the areas specified under Subsection |
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(a-1) [early mental health intervention and suicide prevention
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programs] for implementation in public elementary, junior high, |
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middle, and high schools within the general education |
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setting. Each school district may select from the list a program |
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or programs appropriate for implementation in the district. |
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(a-1) The list must include programs in the following areas: |
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(1) early mental health intervention; |
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(2) culturally competent mental health promotion and |
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positive youth development; |
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(3) substance abuse prevention; |
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(4) substance abuse intervention; and |
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(5) suicide prevention. |
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(a-2) The department, the Texas Education Agency, and each |
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regional education service center shall make the list easily |
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accessible on their websites. |
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(b) The programs on the list must include components that |
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provide for training counselors, teachers, nurses, administrators, |
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and other staff, as well as law enforcement officers and social |
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workers who regularly interact with students, to: |
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(1) recognize students at risk of committing suicide, |
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including students who are or may be the victims of or who engage in |
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bullying; |
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(2) recognize students displaying early warning signs |
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and a possible need for early mental health or substance abuse |
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intervention, which warning signs may include declining academic |
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performance, depression, anxiety, isolation, unexplained changes |
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in sleep or eating habits, and destructive behavior toward self and |
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others; and |
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(3) intervene effectively with students described by |
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Subdivision (1) or (2) by providing notice and referral to a parent |
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or guardian so appropriate action, such as seeking mental health or |
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substance abuse services, may be taken by a parent or guardian. |
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(d) The board of trustees of each school district may adopt |
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a policy concerning [early] mental health promotion and |
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intervention, substance abuse prevention and intervention, and |
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suicide prevention that: |
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(1) establishes a procedure for providing notice of a |
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recommendation for early mental health or substance abuse |
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intervention regarding a student to a parent or guardian of the |
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student within a reasonable amount of time after the identification |
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of early warning signs as described by Subsection (b)(2); |
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(2) establishes a procedure for providing notice of a |
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student identified as at risk of committing suicide to a parent or |
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guardian of the student within a reasonable amount of time after the |
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identification of early warning signs as described by Subsection |
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(b)(2); |
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(3) establishes that the district may develop a |
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reporting mechanism and may designate at least one person to act as |
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a liaison officer in the district for the purposes of identifying |
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students in need of early mental health or substance abuse |
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intervention or suicide prevention; and |
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(4) sets out available counseling alternatives for a |
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parent or guardian to consider when their child is identified as |
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possibly being in need of early mental health or substance abuse |
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intervention or suicide prevention. |
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(e) The policy must prohibit the use without the prior |
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consent of a student's parent or guardian of a medical screening of |
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the student as part of the process of identifying whether the |
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student is possibly in need of early mental health or substance |
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abuse intervention or suicide prevention. |
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(i) Nothing in this section is intended to interfere with |
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the rights of parents or guardians and the decision-making |
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regarding the best interest of the child. Policy and procedures |
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adopted in accordance with this section are intended to notify a |
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parent or guardian of a need for mental health or substance abuse |
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intervention so that a parent or guardian may take appropriate |
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action. Nothing in this section shall be construed as giving school |
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districts the authority to prescribe medications. Any and all |
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medical decisions are to be made by a parent or guardian of a |
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student. |
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SECTION 4. This Act takes effect September 1, 2013. |