By: Nelson, et al.	S.B. No. 10

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the Texas Mental Health Care
	Consortium.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle E, Title 2, Health and Safety Code, is
	amended by adding Chapter 113 to read as follows:
	CHAPTER 113. TEXAS MENTAL HEALTH CARE CONSORTIUM
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 113.0001.  DEFINITIONS. In this chapter:
	(1)  "Community mental health provider" means an entity
	that provides mental health care services at a local level. The
	term includes community centers established under Subchapter A,
	Chapter 534.
	(2)  "Consortium" means the Texas Mental Health Care
	Consortium.
	(3)  "Executive committee" means the executive
	committee of the consortium.
	SUBCHAPTER B. CONSORTIUM
	Sec. 113.0051.  ESTABLISHMENT; PURPOSE. The Texas Mental
	Health Care Consortium is established to:
	(1)  leverage the expertise and capacity in the
	health-related institutions of higher education listed in Section
	113.0052 to address urgent mental health challenges and improve the
	mental health care system in this state;
	(2)  enhance the state's ability to address mental
	health care needs through stronger collaboration and institutional
	alignment of the health-related institutions of higher education
	listed in Section 113.0052;
	(3)  improve the effectiveness and efficiency of mental
	health care services delivered in this state;
	(4)  facilitate access to mental health care services
	through telemedicine, telehealth, and other cost-effective,
	evidence-based programs;
	(5)  improve mental health and substance use disorder
	research efforts conducted by health-related institutions of
	higher education; and
	(6)  improve and expand the psychiatric workforce
	through training and development opportunities between the
	health-related institutions of higher education listed in Section
	113.0052 and community mental health providers.
	Sec. 113.0052.  COMPOSITION. The consortium is composed of:
	(1)  the following health-related institutions of
	higher education:
	(A)  Baylor College of Medicine;
	(B)  The Texas A&M University System Health
	Science Center;
	(C)  Texas Tech University Health Sciences
	Center;
	(D)  Texas Tech University Health Sciences Center
	at El Paso;
	(E)  University of North Texas Health Science
	Center at Fort Worth;
	(F)  Dell Medical School at The University of
	Texas at Austin;
	(G)  The University of Texas Medical Branch at
	Galveston;
	(H)  The University of Texas Health Science Center
	at Houston;
	(I)  The University of Texas Health Science Center
	at San Antonio;
	(J)  The University of Texas Rio Grande Valley
	School of Medicine;
	(K)  The University of Texas Health Science Center
	at Tyler; and
	(L)  The University of Texas Southwestern Medical
	Center;
	(2)  the commission;
	(3)  three nonprofit organizations that focus on mental
	health care, designated by a majority of the members described by
	Subdivision (1); and
	(4)  any other entity that the executive committee
	considers necessary.
	Sec. 113.0053.  ADMINISTRATIVE ATTACHMENT. (a)  The
	consortium is administratively attached to the Texas Higher
	Education Coordinating Board for the purpose of receiving and
	administering appropriations and other funds under this chapter.
	The board is not responsible for providing to the consortium staff
	human resources, contract monitoring, purchasing, or any other
	administrative support services.
	(b)  The Texas Higher Education Coordinating Board may not
	use funds intended to carry out the purposes of this chapter for any
	costs incurred by the board under this chapter.
	SUBCHAPTER C. EXECUTIVE COMMITTEE
	Sec. 113.0101.  EXECUTIVE COMMITTEE COMPOSITION. The
	consortium is governed by an executive committee composed of the
	following members:
	(1)  the chair of the academic department of psychiatry
	of each of the health-related institutions of higher education
	listed in Section 113.0052;
	(2)  a representative of the commission with expertise
	in the delivery of mental health care services, appointed by the
	executive commissioner;
	(3)  a representative of the commission with expertise
	in mental health facilities, appointed by the executive
	commissioner;
	(4)  a representative of an organization that
	represents the interests of community centers established under
	Subchapter A, Chapter 534, designated by a majority of the members
	described by Subdivision (1);
	(5)  a representative of each nonprofit organization
	described by Section 113.0052 that is part of the consortium,
	designated by a majority of the members described by Subdivision
	(1); and
	(6)  any other representative designated by a majority
	of the members described by Subdivision (1) at the request of the
	executive committee.
	Sec. 113.0102.  PRESIDING OFFICER. The executive committee
	shall elect a presiding officer from among the membership of the
	executive committee.
	Sec. 113.0103.  MEETINGS. The executive committee shall
	meet at the call of the presiding officer.
	Sec. 113.0104.  VACANCY. A vacancy on the executive
	committee shall be filled in the same manner as the original
	appointment.
	SUBCHAPTER D. POWERS AND DUTIES
	Sec. 113.0151.  GENERAL DUTIES. (a)  The executive
	committee shall:
	(1)  coordinate the provision of funding to the
	health-related institutions of higher education listed in Section
	113.0052 to carry out the purposes of this chapter;
	(2)  establish procedures and policies for the
	administration of funds under this chapter;
	(3)  monitor funding and agreements entered into under
	this chapter to ensure recipients of funding comply with the terms
	and conditions of the funding and agreements; and
	(4)  establish procedures to document compliance by
	executive committee members and staff with applicable laws
	governing conflicts of interest.
	(b)  In carrying out the duties under Subsection (a), the
	consortium shall ensure that evidence-based tools, including
	telemedicine and telehealth, are used to help expand the delivery
	of mental health care services.
	(c)  The consortium shall designate a member of the executive
	committee to represent the consortium on the statewide behavioral
	health coordinating council.
	Sec. 113.0152.  ACCESS TO CARE; CHILD PSYCHIATRY ACCESS
	NETWORK AND TELEMEDICINE AND TELEHEALTH PROGRAMS. (a)  The
	consortium shall establish a statewide network of comprehensive
	child psychiatry access centers at the health-related institutions
	of higher education listed in Section 113.0052.  A center
	established under this section shall collaborate with community
	mental health providers to better care for children and youth with
	behavioral health needs by providing consultation services and
	training opportunities for pediatricians and primary care
	providers operating in the center's geographic region.
	(b)  The consortium shall establish or expand telemedicine
	or telehealth programs at health-related institutions of higher
	education listed in Section 113.0052 for identifying and assessing
	behavioral health needs and providing access to mental health care
	services.  The consortium shall develop a statewide plan to
	implement this subsection that makes the behavioral health needs of
	at-risk children and adolescents a priority.
	(c)  A health-related institution of higher education listed
	in Section 113.0052 may enter into a memorandum of understanding
	with a community mental health provider to carry out Subsection (a)
	or (b).
	(d)  The consortium shall leverage the resources of a
	hospital system to carry out Subsection (a) or (b) if the hospital
	system:
	(1)  provides consultation services and training
	opportunities for pediatricians and primary care providers that are
	consistent with those described by Subsection (a); and
	(2)  has an existing telemedicine or telehealth program
	for identifying and assessing the behavioral health needs of and
	providing access to mental health care services for children and
	adolescents.
	Sec. 113.0153.  MENTAL HEALTH RESEARCH PLAN. (a)  The
	consortium shall:
	(1)  develop and implement a mental health research
	plan to advance the research component of the statewide behavioral
	health strategic plan;
	(2)  create an aggregated inventory of mental health
	and substance use disorder research completed by institutions of
	higher education in this state; and
	(3)  coordinate mental health and substance use
	disorder research efforts by the health-related institutions of
	higher education listed in Section 113.0052 to ensure those
	institutions engage in effective and targeted research to leverage
	additional funding.
	(b)  The executive committee shall establish a process for
	the selection of research projects to fund under this section.  The
	process must evaluate research projects based on their alignment
	with the statewide behavioral health strategic plan and
	multi-institutional collaboration among the health-related
	institutions of higher education listed in Section 113.0052.
	(c)  Data on or personally identifying information of a
	person obtained under Section 113.0152 may not be used for a
	research project funded under this section.
	Sec. 113.0154.  PSYCHIATRY WORKFORCE EXPANSION PROJECT.
	(a)  The consortium shall enhance collaboration between the
	health-related institutions of higher education listed in Section
	113.0052 and community mental health providers to increase
	psychiatric residency training and improve the quality of care for
	persons receiving mental health care services in this state.
	(b)  The executive committee may provide funding to the
	academic department of psychiatry at a health-related institution
	of higher education listed in Section 113.0052 for the purpose of
	funding:
	(1)  one full-time psychiatrist who treats adults or
	one full-time psychiatrist who treats children and adolescents to
	serve as academic medical director for a community mental health
	provider; and
	(2)  two resident rotation positions.
	(c)  An academic medical director described by Subsection
	(b) shall collaborate and coordinate with community mental health
	providers to expand the amount and availability of mental health
	care resources by:
	(1)  developing training opportunities for residents
	and medical students; and
	(2)  promoting the use of telemedicine, telehealth, or
	other evidence-based tools to provide comprehensive mental health
	care services to a greater population.
	(d)  An institution of higher education that receives
	funding under Subsection (b) shall require that psychiatric
	residents participate in rotations through a facility operated by a
	community mental health provider.
	Sec. 113.0155.  CONSENT REQUIRED FOR SERVICES TO MINOR.
	(a)  A person may provide mental health care services to a child
	younger than 18 years of age through a program established under
	this chapter only if the person obtains the written consent of the
	parent, legal guardian, or caretaker of the child.
	(b)  The consortium shall develop and post on its Internet
	website a model form for a parent, legal guardian, or caretaker to
	provide consent under this section.
	(c)  This section does not apply to services provided by a
	school counselor in accordance with Section 33.005, 33.006, or
	33.007, Education Code.
	Sec. 113.0156.  REIMBURSEMENT FOR SERVICES.  A child
	psychiatry access center established under Section 113.0152 may not
	submit an insurance claim or charge a pediatrician or primary care
	provider a fee for providing consultation services or training
	opportunities under that section.
	Sec. 113.0157.  ANNUAL REPORT. Not later than November 1 of
	each year, the consortium shall submit to the governor, the
	lieutenant governor, the speaker of the house of representatives,
	and the standing committee of each house of the legislature with
	primary jurisdiction over behavioral health issues and post on its
	Internet website a written report that outlines:
	(1)  the activities and objectives of the consortium;
	(2)  the health-related institutions of higher
	education listed in Section 113.0052 that receive funding by the
	executive committee; and
	(3)  any research accomplishments associated with the
	consortium.
	SUBCHAPTER E. MISCELLANEOUS PROVISIONS
	Sec. 113.0201.  JUDICIAL INSTRUCTION REGARDING MENTAL
	HEALTH CARE RESOURCES. The Supreme Court of Texas and the Texas
	Court of Criminal Appeals, in consultation with the consortium,
	shall develop a training program to educate and inform designated
	judges and their staff on mental health care resources available
	within the geographic region in which the designated judges
	preside.  The Supreme Court of Texas and the Texas Court of Criminal
	Appeals may develop and operate the training program in conjunction
	with any other training programs.
	SECTION 2.  As soon as practicable after the effective date
	of this Act, the executive commissioner of the Health and Human
	Services Commission and the members of the executive committee
	described by Section 113.0101(1), Health and Safety Code, as added
	by this Act, shall make the appointments and designations required
	by Section 113.0101, Health and Safety Code, as added by this Act.
	SECTION 3.  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.