Bill Text: TX HB4033 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the employment of certain mental health professionals at a public school campus.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-21 - Referred to Public Education [HB4033 Detail]

Download: Texas-2019-HB4033-Introduced.html

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86R13570 TSS-D
By: Dominguez H.B. No. 4033

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 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, 2019.