Bill Text: TX SB1282 | 2023-2024 | 88th Legislature | Introduced

Texas Senate Bill 1282 (Prior Session Legislation)

Introduced

Bill Title: Relating to the establishment of the Texas Mental Health Care Enterprise Fund and the granting of license reciprocity to certain mental health professionals.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2023-05-04 - Co-author authorized [SB1282 Detail]

Download: Texas-2023-SB1282-Introduced.html

	88R9570 EAS-D

	By: Springer	S.B. No. 1282



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