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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications for a person to provide services as a |
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mental health and substance use resource for school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8.151, Education Code, is amended to |
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read as follows: |
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Sec. 8.151. DEFINITIONS. In this subchapter: |
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(1) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(2) "Local[, "local] mental health authority" and |
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"non-physician mental health professional" have the meanings |
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assigned by Section 571.003, Health and Safety Code. |
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SECTION 2. Section 8.152, Education Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) If a local mental health authority is unable to employ a |
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professional who qualifies as a non-physician mental health |
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professional, the authority may request a waiver from the executive |
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commissioner for approval to employ, for purposes of performing the |
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functions and duties of a non-physician mental health professional |
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under this subchapter, a person who: |
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(1) is a licensed master social worker, as defined by |
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Section 505.002, Occupations Code; or |
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(2) has been issued a licensed professional counselor |
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associate license by the Texas State Board of Examiners of |
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Professional Counselors. |
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(d) A person approved under a waiver under Subsection (c) |
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shall carry out the functions and duties required of a |
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non-physician mental health professional under this subchapter in |
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the same manner as a non-physician mental health professional |
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employed under Subsection (a) or (b). |
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SECTION 3. Not later than November 1, 2024, the executive |
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commissioner of the Health and Human Services Commission shall by |
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rule establish the process for requesting a waiver under Section |
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8.152(c), Education Code, as added by 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, 2023. |