BILL ANALYSIS

C.S.H.B. 2361

By: Price

Youth Health & Safety, Select

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Some local mental health authorities have been unable to hire a non-physician mental health professional to serve in collaboration with an education service center as a resource for student behavioral health as required by H.B. 19, 86th Legislature, Regular Session, 2019. For purposes of meeting this requirement, a non-physician mental health professional must be one of the following: a psychologist licensed to practice in Texas and designated as a health-service provider; a registered nurse with a master's or doctoral degree in psychiatric nursing; a licensed clinical social worker; a licensed professional counselor licensed to practice in Texas; a licensed marriage and family therapist licensed to practice in Texas; or a physician assistant licensed to practice in Texas who has expertise in psychiatry or is currently working in a mental health facility. C.S.H.B. 2361 seeks to allow a local mental health authority to hire a person who is a licensed master social worker or who has been issued a licensed professional counselor associate license by the Texas State Board of Examiners of Professional Counselors if granted a waiver by the Health and Human Services Commission.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 3 of this bill.

ANALYSIS

C.S.H.B. 2361 amends the Education Code to authorize a local mental health authority that is unable to employ a professional who qualifies as a non-physician mental health professional serving as a mental health and substance use resource for public school districts to request a waiver from the executive commissioner of the Health and Human Services Commission (HHSC) for approval to employ the following persons for purposes of performing the functions and duties of such a professional:

·         a person who is a licensed master social worker; or

·         a person who has been issued a licensed professional counselor associate license by the Texas State Board of Examiners of Professional Counselors.

The bill requires a person approved under the waiver to carry out the functions and duties required of a non-physician mental health professional in the same manner as such a professional employed by a local mental health authority to provide services as a mental health and substance use resource for districts. The bill requires the executive commissioner by rule to establish the process for requesting a waiver not later than November 1, 2024.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 2361 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

While both the introduced and substitute authorize a local mental health authority to request a waiver from the executive commissioner to employ a non-physician mental health professional, the substitute replaces the condition that the local mental health authority must be unable to fill an open position due to a shortage of qualified applicants, as in the introduced, with the condition that the local mental health authority must be unable to employ a professional who qualifies as a non-physician mental health profession.

Whereas the introduced included provisions changing the statutory deadlines and reporting periods for each local mental health authority and HHSC regarding outcomes for districts and students resulting from services provided by a non-physician mental health professional, the substitute does not include those provisions.

The substitute changes the deadline by which the executive commissioner must establish rules from not later than November 1, 2023, as in the introduced, to not later than November 1, 2024.