BILL ANALYSIS

 

 

Senate Research Center	H.B. 19
86R16981 JG-F	By: Price et al. (Watson)
	Health & Human Services
	5/2/2019
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

One of the findings of Governor Abbott's School and Firearm Safety Action Plan was the importance of mental health first aid training for school staff. The plan also found that while Local Mental Health Authorities (LMHA) have trained some staff in our schools in mental health first aid, there are barriers to expanding the number of teachers who can be trained under this program.

 

To address this problem, H.B. 19 provides a resource for schools that will allow for more school staff to receive mental health first aid training and/or other training to increase awareness and understanding of mental health and co-occurring mental health and substance use disorders. Under the bill, a non-physician mental health professional employed by an LMHA will be housed at the educational service center to facilitate or provide training or other assistance in mental health awareness and steps that can be taken to address these issues in schools. This individual will not provide any clinical services, including treating or counseling a student, but is rather solely charged with training and other assistance in increasing awareness at our schools, as recommended by the governor's plan.

 

H.B. 19 amends current law relating to mental health and substance use resources for certain school districts.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 8, Education Code, by adding Subchapter E, as follows:

 

SUBCHAPTER E. MENTAL HEALTH AND SUBSTANCE USE RESOURCES FOR SCHOOL DISTRICT PERSONNEL

 

Sec. 8.151. DEFINITIONS. Defines "local mental health authority" and "non-physician mental health professional."

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Sec. 8.152. EMPLOYMENT OF NON-PHYSICIAN MENTAL HEALTH PROFESSIONAL AS MENTAL HEALTH AND SUBSTANCE USE RESOURCE. (a) Requires a local mental health authority to employ a non-physician mental health professional to serve as a mental health and substance use resource for school districts located in the region served by a regional education service center (ESC) and in which the local mental health authority provides services.

 

(b) Requires the local mental health authority that primarily operates in the county in which an ESC is located, if two or more local mental health authorities provide services in a region served by a ESC, to employ the non-physician mental health professional and, in making any hiring decision, consult with other local mental health authorities providing services in that region.

 

Sec. 8.153. INTERAGENCY COLLABORATION; MEMORANDUM OF UNDERSTANDING. (a) Requires a local mental health authority that employs a non‑physician mental health professional under Section 8.152 and ESC to collaborate in carrying out this subchapter.

 

(b) Requires each ESC to provide for a non-physician mental health professional employed for the region served by the ESC with a space for the professional to carry out the professional's duties under Section 8.155. Requires the local mental health authority that employs the professional to pay the ESC a reasonable administrative cost for providing the space.

 

(c) Authorizes a local mental health authority and an ESC to enter into a memorandum of understanding for the administration of this section.

 

Sec. 8.154. SUPERVISION OF NON-PHYSICIAN MENTAL HEALTH PROFESSIONAL. Requires the local mental health authority that employs a non‑physician mental health professional under Section 8.152 to:

 

(1) supervise the professional in carrying out the professional's duties under Section 8.155; and

 

(2) consult with any other local mental health authorities in the region in supervising the professional.

 

Sec. 8.155. DUTIES OF NON-PHYSICIAN MENTAL HEALTH PROFESSIONAL. (a) Requires a non-physician mental health professional employed under Section 8.152 to act as a resource for school district personnel by:

 

(1) helping personnel gain awareness and a better understanding of mental health and co-occurring mental health and substance use disorders;

 

(2) assisting personnel to implement initiatives related to mental health or substance use under state law or agency rules;

 

(3) ensuring personnel are aware of:

 

(A) the list of recommended best practice-based programs and research-based practices developed under Section 161.325 (Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention) Health and Safety Code; and

 

(B) other treatment programs available in the school district, including evidence-based programs provided by a local mental health authority and other public or private mental health providers;

 

(4) on a monthly basis, facilitating mental health first aid training;

 

(5) on a monthly basis, facilitating training regarding the effects of grief and trauma and providing support to children with intellectual or developmental disabilities who suffer from grief or trauma; and

 

(6) on a monthly basis, facilitating training on prevention and intervention programs that have been shown to be effective in helping students cope with pressures to use alcohol, cigarettes, or illegal drugs, or to misuse prescription drugs.

 

(b) Prohibits a non-physician mental health professional employed under Section 8.152 from treating or providing counseling to a student or providing specific advice to school district personnel regarding a student.

 

Sec. 8.156. PARTICIPATION BY SCHOOL DISTRICT NOT REQUIRED. Provides that this subchapter does not require a school district to participate in training provided by a non-physician mental health professional or otherwise use the professional as a resource.

 

Sec. 8.157. DISTRIBUTION OF FUNDING. Requires a state agency to which money is appropriated to carry out this subchapter to ensure that the money is distributed equally among the local mental health authorities that employ and supervise non-physician mental health professionals under this subchapter.

 

Sec. 8.158. REPORT. (a) Requires each local mental health authority that employs and supervises a non-physician mental health professional under this subchapter, before the last business day of each calendar year, to prepare and submit a report to the Health and Human Services Commission (HHSC) regarding the outcomes for school districts and students resulting from services provided by the non-physician mental health professional.

 

(b) Requires HHSC, not later than January 31 of the following calendar year, to compile the information submitted under this section and prepare and submit a report to the lieutenant governor, the speaker of the house of representatives, each standing committee of the legislature having primary jurisdiction over mental health, and each standing committee of the legislature having primary jurisdiction over public education.

 

SECTION 2. Effective date: September 1, 2019.