89R4798 LRM-D

By: Menéndez S.B. No. 2475

A BILL TO BE ENTITLED

AN ACT

relating to the disclosure and consideration of criminal conduct for purposes of certification as a peer specialist or peer specialist supervisor to provide Medicaid mental health and substance use services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 547.0003(a), Government Code, as effective April 1, 2025, is amended to read as follows:

(a) With input from mental health and substance use peer specialists and subject to Section 547.00031, the commission shall develop and the executive commissioner shall adopt:

(1) rules establishing training requirements for peer specialists to provide services to individuals with mental illness or individuals with substance use conditions;

(2) rules establishing certification and supervision requirements for peer specialists;

(3) rules defining the scope of services that peer specialists may provide;

(4) rules distinguishing peer services from other services that a person must hold a license to provide; and

(5) any other rules necessary to protect the health and safety of individuals receiving peer services.

SECTION 2. Subchapter A, Chapter 547, Government Code, as effective April 1, 2025, is amended by adding Section 547.00031 to read as follows:

Sec. 547.00031. MEDICAID PEER SPECIALISTS AND PEER SPECIALIST SUPERVISORS. (a) In this section, "certification entity" means an entity that issues a certification to an individual to provide mental health or substance use peer specialist services or to act as a peer specialist supervisor.

(b) An applicant for certification as a peer specialist or peer specialist supervisor or a certificate holder shall disclose to the certification entity and provide to the entity complete information about the individual's involvement as a defendant in any of the following:

(1) a misdemeanor or felony charge;

(2) an indictment;

(3) a placement on community supervision, including deferred adjudication community supervision, or probation; or

(4) a conviction.

(c) An individual's failure to fully and accurately disclose information as required by Subsection (b) may be grounds for denial of an application for certification as a peer specialist or peer specialist supervisor or for disciplinary action against a certificate holder, including revocation of the certification.

(d) A certified peer specialist or peer specialist supervisor shall immediately report to the certification entity the individual's conviction of or placement on community supervision, including deferred adjudication community supervision, for:

(1) a category one offense, which consists of any of the following offenses:

(A) a capital offense;

(B) a sexual offense that involves a victim who is a child;

(C) one or more counts of a sexual offense punishable as a felony that involves a victim who is an adult client of the individual;

(D) multiple counts of a sexual offense punishable as a felony that involves a victim who is an adult and who is not the individual's client; and

(E) an offense of criminal homicide punishable as a felony of the first degree;

(2) a category two offense, which consists of any of the following offenses:

(A) kidnapping;

(B) arson;

(C) an offense of criminal homicide other than an offense described by Subdivision (1)(E);

(D) a single count of a sexual offense punishable as a felony that involves a victim who is an adult and who is not the individual's client; and

(E) an offense involving an attempt to commit an offense described by Subdivision (1) or this subdivision;

(3) a category three offense, which consists of any offense punishable as a felony that is not listed separately in this subsection and that resulted or had the potential to result in physical harm to another individual or an animal;

(4) a category four offense, which consists of any of the following offenses:

(A) an alcohol or drug offense punishable as a Class A misdemeanor;

(B) an offense punishable as a Class A misdemeanor that resulted or had the potential to result in physical harm to another individual or an animal;

(C) an alcohol or drug offense punishable as a felony; and

(D) any other offense punishable as a felony that is not included in another category in this subsection; and

(5) a category five offense, which consists of any of the following offenses:

(A) an alcohol or drug offense punishable as a Class B misdemeanor; and

(B) an offense punishable as a Class B misdemeanor that resulted or had the potential to result in physical harm to another individual or an animal.

(e) A certification entity shall deny the initial or renewal application for certification as a peer specialist or peer specialist supervisor of an applicant who has been convicted of or placed on community supervision, including deferred adjudication community supervision, for an offense:

(1) permanently, if the offense is a category one offense;

(2) for a period of 15 years from the date of conviction or placement on community supervision if the offense is a category two offense;

(3) for a period of 10 years from the date of conviction or placement on community supervision if the offense is a category three offense; and

(4) for a period of two years from the date of conviction or placement on community supervision if the offense is:

(A) a category four offense unless, at the time of application, the proceedings have been dismissed and the applicant has been discharged after completing deferred adjudication community supervision; or

(B) a category five offense.

(f) A certification entity shall deny the initial or renewal application for certification as a peer specialist or peer specialist supervisor of an applicant if a court in a criminal proceeding has entered a finding of incapacity involving the applicant based on a mental defect or disease.

(g) A certification entity shall defer approving or denying an initial or renewal application for certification as a peer specialist or peer specialist supervisor made by an applicant who has been charged with or is under indictment for an offense described by Subsection (d). The certification entity shall:

(1) deny the application in accordance with the applicable period prescribed by Subsection (e) if the applicant is subsequently convicted of or placed on community supervision, including deferred adjudication community supervision, for the offense; or

(2) make a decision on the application without prejudice from the charge or indictment if the charged offense is subsequently dismissed or the applicant is subsequently acquitted of committing the offense.

(h) A certification entity shall send notice by certified mail to an applicant for certification whose application is deferred under Subsection (g) at the address listed in the certification entity's records stating the reason for deferral of the decision on the application.

(i) A certified peer specialist or peer specialist supervisor remains subject to applicable certification renewal requirements regardless of whether the certification entity's approval or denial of the renewal application is deferred as required by Subsection (g).

(j) An individual whose application is denied in accordance with Subsection (e) or (f) may reapply for certification on or after the date:

(1) the individual receives a full pardon based on the individual's wrongful conviction;

(2) the applicable period established by Subsection (e) has elapsed; or

(3) a court finds that the individual is no longer incapacitated after a previous finding of incapacity in accordance with Subsection (f).

(k) An individual whose application for certification has been denied or deferred under this section may appeal the action only if:

(1) the individual was convicted of or placed on community supervision, including deferred adjudication community supervision, for an offense; and

(2) the individual claims that the period established by Subsection (e) applicable to that offense has elapsed.

(l) Nothing in this section limits the commission's or certification entity's authority under other law, including rules, or policies to take any other action against an applicant for certification as a peer specialist or peer specialist supervisor or a certificate holder.

(m) An individual may not be certified as a peer specialist or peer specialist supervisor if the individual is listed on the employee misconduct registry maintained by the commission under Chapter 253, Health and Safety Code.

(n) A certification entity may develop an exception process under which an applicant for certification as a peer specialist or peer specialist supervisor who has a criminal history involving an offense that under Subsection (e) would otherwise preclude certification may request approval of the applicant's application on the basis of extraordinary or extenuating circumstances specific to the applicant's criminal history and events of the applicant's life since the conviction of or placement on community supervision for the offense. A certification entity's exception process:

(1) must be documented and approved by the commission; and

(2) may not allow for an exception to Subsection (m).

SECTION 3. Section 547.00031, Government Code, as added by this Act, applies to an application for certification, including an application for a renewal certification, as a peer specialist or peer specialist supervisor pending on or submitted on or after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2025.