87R6915 TSS-D
 
  By: Dominguez H.B. No. 1713
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the employment of certain mental health professionals
  at a public school campus.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.003(b), Education Code, is amended to
  read as follows:
         (b)  Except as otherwise provided by this subsection, a
  person may not be employed by a school district as an audiologist,
  occupational therapist, physical therapist, physician, nurse,
  school psychologist, associate school psychologist, licensed
  professional counselor, marriage and family therapist, social
  worker, psychiatric or mental health advanced practice nurse,
  chemical dependency counselor, or speech language pathologist
  unless the person is licensed by the state agency that licenses that
  profession and may perform specific services within those
  professions for a school district only if the person holds the
  appropriate credential from the appropriate state agency. As long
  as a person employed by a district before September 1, 2011, to
  perform marriage and family therapy, as defined by Section 502.002,
  Occupations Code, is employed by the same district, the person is
  not required to hold a license as a marriage and family therapist to
  perform marriage and family therapy with that district.
         SECTION 2.  Subchapter Z, Chapter 33, Education Code, is
  amended by adding Section 33.911 to read as follows:
         Sec. 33.911.  LICENSED MENTAL HEALTH PROFESSIONAL. (a)  In
  this section, "mental health professional" has the meaning assigned
  by Section 61.601. 
         (b)  A school district with 500 or more students in average
  daily attendance shall employ a mental health professional for
  every 500 students in the district.
         (c)  A school district with fewer than 500 students in
  average daily attendance shall provide mental health services to
  students by:
               (1)  employing a part-time mental health professional;
               (2)  employing a part-time teacher licensed as a mental
  health professional; or
               (3)  entering into a shared services arrangement
  agreement with one or more school districts to share the services of
  a mental health professional.
         (d)  A mental health professional employed by a school
  district is subject to the professional standard of care applicable
  to the mental health professional's licensure.
         (e)  A mental health professional may provide services to a
  student only if the school district obtains the written consent of
  the student's parent or guardian or another person having legal
  control of the student on a consent form developed by the district.  
  The student's parent or guardian or another person having legal
  control of the student may give consent for a student to receive
  ongoing services or may limit consent to one or more services
  provided on a single occasion.
         (f)  The consent form must be in a format that complies with
  all applicable state and federal laws and allows a person to consent
  to one or more categories of services.
         SECTION 3.  A school district shall employ or obtain the
  services of a mental health professional, as required by Section
  33.911, Education Code, as added by this Act, as soon as practicable
  after the effective date of this Act.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.