HEALTH AND SAFETY CODE
TITLE 12. HEALTH AND MENTAL HEALTH
CHAPTER 1001. DEPARTMENT OF STATE HEALTH SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 219, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services Commission.
(2) "Commissioner" means the commissioner of state health services.
(3) "Council" means the State Health Services Council.
(4) "Department" means the Department of State Health Services.
(5) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 200, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.002. AGENCY. The department is an agency of the state.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 200, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.003. SUNSET PROVISION. The Department of State Health Services is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2015.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 3.03, eff. June 15, 2007.
Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 2.09, eff. July 10, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 2.11, eff. June 17, 2011.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 200, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.021. STATE HEALTH SERVICES COUNCIL. (a) The State Health Services Council is created to assist the commissioner in developing rules and policies for the department.
(b) The council is composed of nine members of the public appointed by the governor with the advice and consent of the senate. To be eligible for appointment to the council, a person must have demonstrated an interest in and knowledge of problems and available services related to public health, mental health, or substance abuse.
(c) The council shall study and make recommendations to the executive commissioner and the commissioner regarding the management and operation of the department, including policies and rules governing the delivery of services to persons who are served by the department and the rights and duties of persons who are served or regulated by the department.
(d) Chapter 551, Government Code, applies to the council.
(e) Chapter 2110, Government Code, does not apply to the council.
(f) A majority of the members of the council constitute a quorum for the transaction of business.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 200, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.022. APPOINTMENTS. (a) Appointments to the council shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(b) Appointments to the council shall be made so that each geographic area of the state is represented on the council. Notwithstanding Subsection (a), appointments to the council must reflect the ethnic diversity of this state.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 200, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.023. TRAINING PROGRAM FOR COUNCIL MEMBERS. (a) A person who is appointed as a member of the council may not vote, deliberate, or be counted as a member in attendance at a meeting of the council until the person completes a training program that complies with this section.
(b) The training program must provide the person with information regarding:
(1) the legislation that created the department and the council;
(2) the programs operated by the department;
(3) the role and functions of the department and the council, including detailed information regarding:
(A) the division of authority and of responsibility between the commissioner and the executive commissioner; and
(B) the advisory responsibilities of the council;
(4) the rules of the executive commissioner applicable to the department, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the department;
(7) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government Code; and
(D) other laws relating to public officials, including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the executive commissioner or the Texas Ethics Commission.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 200, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.024. TERMS. (a) Council members serve for staggered six-year terms with the terms of three members expiring February 1 of each odd-numbered year.
(b) A member of the council may not serve more than two consecutive full terms as a council member.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 200, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.025. VACANCY. The governor by appointment shall fill the unexpired term of a vacancy on the council.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 200, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.026. PRESIDING OFFICER; OTHER OFFICERS; MEETINGS. (a) The governor shall designate a member of the council as the presiding officer to serve in that capacity at the pleasure of the governor.
(b) The members of the council shall elect any other necessary officers.
(c) The council shall meet quarterly and at other times at the call of the presiding officer. The council may hold meetings in different areas of the state.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 200, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.027. REIMBURSEMENT FOR EXPENSES. A council member may not receive compensation for service as a member of the council but is entitled to reimbursement for travel expenses incurred by the member while conducting the business of the council as provided by the General Appropriations Act.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Sec. 1001.028. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a) The commissioner, with the advice of the council, shall prepare information of public interest describing the functions of the department and the procedures by which complaints are filed with and resolved by the department. The commission shall make the information available to the public and appropriate state governmental entities.
(b) The executive commissioner by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for directing complaints to the department.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Sec. 1001.029. PUBLIC ACCESS AND TESTIMONY. (a) The commissioner shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commissioner and to speak on any issue under the jurisdiction of the department.
(b) The commissioner shall grant an opportunity for a public hearing before the council makes recommendations to the commissioner regarding a substantive rule if a public hearing is requested by:
(1) at least 25 persons;
(2) a governmental entity; or
(3) an association with at least 25 members.
(c) The executive commissioner shall consider fully all written and oral submissions about a proposed rule.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Sec. 1001.030. POLICYMAKING AND MANAGEMENT RESPONSIBILITIES. The commissioner, with the advice of the council and subject to the approval of the executive commissioner, shall develop and the department shall implement policies that clearly delineate the policymaking responsibilities of the executive commissioner from the management responsibilities of the commission, the commissioner, and the staff of the department.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Sec. 1001.0305. LOCAL HEALTH ENTITY POLICY. In developing policy related to funding local health entities as defined by Section 117.001, the department shall consult with the Public Health Funding and Policy Committee established under Chapter 117.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 2, eff. September 1, 2011.
Sec. 1001.032. OFFICES. The department shall maintain its central office in Austin. The department may maintain offices in other areas of the state as necessary.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Sec. 1001.033. REPORT TO SECRETARY OF STATE. (a) In this section, "colonia" means a geographic area that:
(1) is an economically distressed area as defined by Section 17.921, Water Code;
(2) is located in a county any part of which is within 62 miles of an international border; and
(3) consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood.
(b) To assist the secretary of state in preparing the report required under Section 405.021, Government Code, the commissioner on a quarterly basis shall provide a report to the secretary of state detailing any projects funded by the department that provide assistance to colonias.
(c) The report must include:
(1) a description of any relevant projects;
(2) the location of each project;
(3) the number of colonia residents served by each project;
(4) the exact amount spent or the anticipated amount to be spent on each colonia served by each project;
(5) a statement of whether each project is completed and, if not, the expected completion date of the project; and
(6) any other information, as determined appropriate by the secretary of state.
(d) The commission shall require an applicant for funds administered by the commission to submit to the commission a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the commission may contact the secretary of state or the secretary of state's representative to obtain the classification number. On request of the commission, the secretary of state or the secretary of state's representative shall assign a classification number to the colonia.
Added by Acts 2005, 79th Leg., Ch. 828 (S.B. 827), Sec. 5, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 341 (S.B. 99), Sec. 16, eff. June 15, 2007.
SUBCHAPTER C. PERSONNEL
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 219, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.051. COMMISSIONER. (a) The executive commissioner shall appoint a commissioner of the department with the approval of the governor. The commissioner is to be selected according to education, training, experience, and demonstrated ability.
(b) The commissioner serves at the pleasure of the executive commissioner.
(c) Subject to the control of the executive commissioner, the commissioner shall act as the department's chief administrative officer and as a liaison between the department and commission.
(d) The commissioner shall administer this chapter under operational policies established by the executive commissioner and in accordance with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Sec. 1001.052. PERSONNEL. (a) The department may employ, compensate, and prescribe the duties of personnel necessary and suitable to administer this chapter.
(b) The executive commissioner shall prepare and by rule adopt personnel standards.
(c) A personnel position may be filled only by an individual selected and appointed on a nonpartisan merit basis.
(d) The commissioner, with the advice of the council, shall develop and the department shall implement policies that clearly define the responsibilities of the staff of the department.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Sec. 1001.053. INFORMATION ABOUT QUALIFICATIONS AND STANDARDS OF CONDUCT. The commissioner or the commissioner's designee shall provide to department employees, as often as necessary, information regarding the requirements for employment under this chapter or rules adopted by the executive commissioner, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state employees.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Sec. 1001.054. MERIT PAY. Subject to rules adopted by the executive commissioner, the commissioner or the commissioner's designee shall develop a system of annual performance evaluations. All merit pay for department employees must be given under the system established under this section or under rules adopted by the executive commissioner.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Sec. 1001.055. CAREER LADDER. The commissioner or the commissioner's designee shall develop an intra-agency career ladder program. The program must require intra-agency postings of all nonentry-level positions concurrently with any public posting.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 219, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.056. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) Subject to rules adopted by the executive commissioner, the commissioner or the commissioner's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b) Unless the following are included in a policy statement adopted by the executive commissioner that is applicable to the department, the policy statement must include:
(1) personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the department to avoid the unlawful employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition of the department's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c) The policy statement must be:
(1) updated annually;
(2) reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1); and
(3) filed with the governor's office.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 219 and S.B. 202, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.071. GENERAL POWERS AND DUTIES OF DEPARTMENT RELATED TO HEALTH CARE. The department is responsible for administering human services programs regarding the public health, including:
(1) implementing the state's public health care delivery programs under the authority of the department;
(2) administering state health facilities, hospitals, and health care systems;
(3) developing and providing health care services, as directed by law;
(4) providing for the prevention and control of communicable diseases;
(5) providing public education on health-related matters, as directed by law;
(6) compiling and reporting health-related information, as directed by law;
(7) acting as the lead agency for implementation of state policies regarding the human immunodeficiency virus and acquired immunodeficiency syndrome and administering programs related to the human immunodeficiency virus and acquired immunodeficiency syndrome;
(8) investigating the causes of injuries and methods of prevention;
(9) administering a grant program to provide appropriated money to counties, municipalities, public health districts, and other political subdivisions for their use to provide or pay for essential public health services;
(10) administering the registration of vital statistics;
(11) licensing, inspecting, and enforcing regulations regarding health facilities, other than long-term care facilities regulated by the Department of Aging and Disability Services;
(12) implementing established standards and procedures for the management and control of sanitation and for health protection measures;
(13) enforcing regulations regarding radioactive materials;
(14) enforcing regulations regarding food, bottled and vended drinking water, drugs, cosmetics, and health devices;
(15) enforcing regulations regarding food service establishments, retail food stores, mobile food units, and roadside food vendors;
(16) enforcing regulations controlling hazardous substances in households and workplaces; and
(17) implementing a mental health program for veterans.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 352 (H.B. 2392), Sec. 1, eff. September 1, 2013.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 219, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.0711. SCHOOL HEALTH ADVISORY COMMITTEE. (a) The commission by rule shall establish a School Health Advisory Committee at the department to provide assistance to the council in establishing a leadership role for the department in support for and delivery of coordinated school health programs and school health services.
(b) The committee shall include at least:
(1) one representative from the Department of Agriculture, appointed by the commissioner of agriculture; and
(2) one representative from the Texas Education Agency, appointed by the commissioner of education.
(c) Section 2110.008, Government Code, does not apply to a committee created under this section.
Added by Acts 2005, 79th Leg., Ch. 784 (S.B. 42), Sec. 9, eff. June 17, 2005.
Sec. 1001.072. GENERAL POWERS AND DUTIES OF DEPARTMENT RELATED TO MENTAL HEALTH. The department is responsible for administering human services programs regarding mental health, including:
(1) administering and coordinating mental health services at the local and state level;
(2) operating the state's mental health facilities; and
(3) inspecting, licensing, and enforcing regulations regarding mental health facilities, other than long-term care facilities regulated by the Department of Aging and Disability Services.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Sec. 1001.073. GENERAL POWERS AND DUTIES OF DEPARTMENT RELATED TO SUBSTANCE ABUSE. The department is responsible for administering human services programs regarding substance abuse, including:
(1) administering, coordinating, and contracting for the delivery of substance abuse prevention and treatment programs at the state and local level;
(2) inspecting, licensing, and enforcing regulations regarding substance abuse treatment facilities; and
(3) providing public education on substance abuse issues, as directed by law.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Sec. 1001.074. INFORMATION REGARDING COMPLAINTS. (a) The department shall maintain a file on each written complaint filed with the department. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the department;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the complaint;
(5) a summary of the results of the review or investigation of the complaint; and
(6) an explanation of the reason the file was closed, if the department closed the file without taking action other than to investigate the complaint.
(b) The department shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the executive commissioner's and the department's policies and procedures relating to complaint investigation and resolution.
(c) The department, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Sec. 1001.075. RULES. The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 219, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.076. MENTAL HEALTH PROGRAM FOR VETERANS.
Without reference to the amendment of this subsection, this section was repealed by Acts 2013, 83rd Leg., R.S., Ch. 352 (H.B. 2392), Sec. 3, eff. September 1, 2013.
(a) In this section, "veteran" means a person who:
(1) has served in:
(A) the army, navy, air force, coast guard, or marine corps of the United States;
(B) the state military forces as defined by Section 437.001, Government Code; or
(C) an auxiliary service of one of those branches of the armed forces; and
(2) has been honorably discharged from the branch of the service in which the person served.
Added by Acts 2009, 81st Leg., R.S., Ch. 525 (S.B. 1325), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 352 (H.B. 2392), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.13, eff. September 1, 2013.
Sec. 1001.077. ADULT DIABETES EDUCATION PROGRAM. (a) In counties with populations of more than 100,000, the department may assist hospital districts and county hospital systems in providing an adult diabetes education program. The program must be based on a curriculum developed by the Texas Diabetes Council.
(b) A hospital district or county hospital system that participates in the program shall:
(1) make the adult diabetes education program available in English and Spanish using the curriculum developed by the Texas Diabetes Council; and
(2) make the education program available in the county, including at each rural health clinic the district or system may have.
(c) The Texas Diabetes Council shall develop for the adult diabetes education program a curriculum emphasizing life choices that enable a diabetic patient to control the disease and improve the patient's standard of living.
Added by Acts 2011, 82nd Leg., R.S., Ch. 217 (H.B. 123), Sec. 1, eff. September 1, 2011.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 1296, 84th Legislature, Regular Session, for amendments affecting this section.
Text of section as added by Acts 2013, 83rd Leg., R.S., Ch. 732 (S.B. 127), Sec. 1
For text of section as added by Acts 2013, 83rd Leg., R.S., Ch. 1147 (S.B. 126), Sec. 1, and Ch. 1143 (S.B. 58), Sec. 3, see other Sec. 1001.078.
Sec. 1001.078. FUNDING FORMULA; PUBLIC HEALTH EVALUATION. (a) In this section:
(1) "Health service region" means a public health region designated under Section 121.007.
(2) "Local health department" means a local health department established under Subchapter D, Chapter 121.
(3) "Local health unit" has the meaning assigned by Section 121.004.
(4) "Public health district" means a health district established under Subchapter E, Chapter 121.
(b) The department, in collaboration with the Public Health Funding and Policy Committee established under Section 117.051, shall:
(1) develop funding formulas for federal and state funds appropriated to the department to be allocated to local health departments, local health units, public health districts, and health service regions' regional headquarters, based on population, population density, disease burden, social determinants of health, local efforts to prevent disease, and other relevant factors as determined by the department and committee;
(2) evaluate the feasibility and benefits of placing a cap on the percentage of public health funds that can be used on administrative costs at local health departments, local health units, public health districts, and health service regions' regional headquarters; and
(3) evaluate public health functions provided by the department, local health departments, local health units, public health districts, and health service regions' regional headquarters and determine if another entity, including a private entity, can provide those functions more effectively.
Added by Acts 2013, 83rd Leg., R.S., Ch. 732 (S.B. 127), Sec. 1, eff. September 1, 2013.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 1296, 84th Legislature, Regular Session, for amendments affecting this section.
Text of section as added by Acts 2013, 83rd Leg., R.S., Ch. 1147 (S.B. 126), Sec. 1, and Ch. 1143 (S.B. 58), Sec. 3
For text of section as added by Acts 2013, 83rd Leg., R.S., Ch. 732 (S.B. 127), Sec. 1, see other Sec. 1001.078.
Sec. 1001.078. MENTAL HEALTH AND SUBSTANCE ABUSE PUBLIC REPORTING SYSTEM. (a) The department, in collaboration with the commission, shall establish and maintain a public reporting system of performance and outcome measures relating to mental health and substance abuse services established by the Legislative Budget Board, the department, and the commission. The system must allow external users to view and compare the performance, outputs, and outcomes of:
(1) community centers established under Subchapter A, Chapter 534, that provide mental health services;
(2) Medicaid managed care pilot programs that provide mental health services; and
(3) agencies, organizations, and persons that contract with the state to provide substance abuse services.
(b) The system must allow external users to view and compare the performance, outputs, and outcomes of the Medicaid managed care programs that provide mental health services.
(c) The department shall post the performance, output, and outcome measures on the department's website so that the information is accessible to the public. The department shall post the measures quarterly or semiannually in accordance with when the measures are reported to the department.
(d) The department shall consider public input in determining the appropriate outcome measures to collect in the public reporting system. To the extent possible, the department shall include outcome measures that capture inpatient psychiatric care diversion, avoidance of emergency room use, criminal justice diversion, and the numbers of people who are homeless served.
(e) The commission shall conduct a study to determine the feasibility of establishing and maintaining the public reporting system, including, to the extent possible, the cost to the state and impact on managed care organizations and providers of collecting the outcome measures required by Subsection (d). Not later than December 1, 2014, the commission shall report the results of the study to the legislature and appropriate legislative committees.
(f) The department shall ensure that information reported through the public reporting system does not permit the identification of an individual.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1143 (S.B. 58), Sec. 3, eff. September 1, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1147 (S.B. 126), Sec. 1, eff. September 1, 2013.
Sec. 1001.079. PUBLIC HEALTH THREAT POLICY. (a) In this section, "local health department" means a local health department established under Subchapter D, Chapter 121.
(b) The department shall create a policy to allow a local health department flexibility, to the extent allowed under federal law, in the use of personnel and other resources during disaster response activities, outbreaks, and other appropriate public health threats.
Added by Acts 2013, 83rd Leg., R.S., Ch. 732 (S.B. 127), Sec. 1, eff. September 1, 2013.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 219 and S.B. 200, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.080. HEALTH INSURANCE COVERAGE INFORMATION. (a) In this section, "individual's legally authorized representative" means:
(1) a parent, managing conservator, or guardian of an individual, if the individual is a minor;
(2) a guardian of an individual, if the individual has been adjudicated incompetent to manage the individual's personal affairs; or
(3) an agent of the individual authorized under a durable power of attorney for health care.
(b) This section applies to health or mental health benefits, services, or assistance provided by the department that the department anticipates will be impacted by a health insurance exchange as defined by Section 1001.081(a), including:
(1) community primary health care services provided under Chapter 31;
(2) women's and children's health services provided under Chapter 32;
(3) services for children with special health care needs provided under Chapter 35;
(4) epilepsy program assistance provided under Chapter 40;
(5) hemophilia program assistance provided under Chapter 41;
(6) kidney health care services provided under Chapter 42;
(7) human immunodeficiency virus infection and sexually transmitted disease prevention programs and services provided under Chapter 85;
(8) immunization programs provided under Chapter 161;
(9) programs and services provided by the Rio Grande State Center under Chapter 252;
(10) mental health services for adults provided under Chapter 534;
(11) mental health services for children provided under Chapter 534;
(12) the NorthSTAR Behavioral Health Program provided under Chapter 534;
(13) programs and services provided by community mental health hospitals under Chapter 552;
(14) programs and services provided by state mental health hospitals under Chapter 552; and
(15) any other health or mental health program or service designated by the department.
(c) Subject to Subsection (d), the department may not provide health or mental health benefits, services, or assistance described in Subsection (b) unless the individual applying to receive the benefits, services, or assistance submits to the department on the form prescribed by the department:
(1) a statement by the individual or the individual's legally authorized representative attesting that the individual does not have access to private health care insurance that provides coverage for the benefit, service, or assistance; or
(2) if the individual has access to private health care insurance that provides coverage for the benefit, service, or assistance, the information and authorization necessary for the department to submit a claim for reimbursement from the insurer for the benefit, service, or assistance.
(d) The department may waive the prohibition under Subsection (c) for an individual or for health or mental health benefits, services, or assistance described in Subsection (b) if the department determines that a benefit, service, or assistance is necessary during a crisis or emergency.
(e) The executive commissioner shall adopt rules necessary to implement this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 765 (S.B. 1057), Sec. 1, eff. June 14, 2013.
Sec. 1001.081. HEALTH INSURANCE EXCHANGE INFORMATION. (a) In this section:
(1) "Health insurance exchange" means an American Health Benefit Exchange administered by the federal government under 42 U.S.C. Section 18041 or created under 42 U.S.C. Section 18031.
(2) "Individual's legally authorized representative" has the meaning assigned by Section 1001.080(a).
(b) The department may develop informational materials regarding health care insurance coverage and subsidies available under a health insurance exchange.
(c) The department shall provide the informational materials regarding health care insurance coverage and subsidies available under a health insurance exchange to an individual or the individual's legally authorized representative who:
(1) applies to receive health or mental health benefits, services, or assistance described in Section 1001.080(b); and
(2) has an income above 100 percent of the federal poverty level.
(d) The executive commissioner shall adopt rules necessary to implement this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 765 (S.B. 1057), Sec. 1, eff. June 14, 2013.
For expiration of this section, see Subsection (b).
Sec. 1001.083. REPORT ON COURT-ORDERED OUTPATIENT MENTAL HEALTH SERVICES. (a) Not later than December 1, 2016, the department shall prepare and submit to the legislature a report containing information about persons receiving court-ordered outpatient mental health services in this state and the effectiveness of those services.
(b) This section expires September 1, 2017.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1170 (S.B. 646), Sec. 10, eff. September 1, 2013.
Text of subchapter effective on September 1, 2009, but only if a specific appropriation is provided as described by Acts 2009, 81st Leg., R.S., Ch. 1238, Sec. 7(f), which states: This section does not make an appropriation. This section takes effect only if a specific appropriation for the implementation of the section is provided in a general appropriations act of the 81st Legislature.
SUBCHAPTER F. TEXAS MEDICAL CHILD ABUSE RESOURCES AND EDUCATION SYSTEM (MEDCARES)
Sec. 1001.151. TEXAS MEDICAL CHILD ABUSE RESOURCES AND EDUCATION SYSTEM GRANT PROGRAM. (a) The department shall establish the Texas Medical Child Abuse Resources and Education System (MEDCARES) grant program to award grants for the purpose of developing and supporting regional programs to improve the assessment, diagnosis, and treatment of child abuse and neglect as described by the report submitted to the 80th Legislature by the committee on pediatric centers of excellence relating to abuse and neglect in accordance with Section 266.0031, Family Code, as added by Chapter 1406 (S.B. 758), Acts of the 80th Legislature, Regular Session, 2007.
(b) The department may award grants to hospitals or academic health centers with expertise in pediatric health care and a demonstrated commitment to developing basic and advanced programs and centers of excellence for the assessment, diagnosis, and treatment of child abuse and neglect.
(c) The department shall encourage collaboration among grant recipients in the development of program services and activities.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. September 1, 2009.
Sec. 1001.152. USE OF GRANT. A grant awarded under this subchapter may be used to support:
(1) comprehensive medical evaluations, psychosocial assessments, treatment services, and written and photographic documentation of abuse;
(2) education and training for health professionals, including physicians, medical students, resident physicians, child abuse fellows, and nurses, relating to the assessment, diagnosis, and treatment of child abuse and neglect;
(3) education and training for community agencies involved with child abuse and neglect, law enforcement officials, child protective services staff, and children's advocacy centers involved with child abuse and neglect;
(4) medical case reviews and consultations and testimony regarding those reviews and consultations;
(5) research, data collection, and quality assurance activities, including the development of evidence-based guidelines and protocols for the prevention, evaluation, and treatment of child abuse and neglect;
(6) the use of telemedicine and other means to extend services from regional programs into underserved areas; and
(7) other necessary activities, services, supplies, facilities, and equipment as determined by the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. September 1, 2009.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 277, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.153. MEDCARES ADVISORY COMMITTEE. The executive commissioner shall establish an advisory committee to advise the department and the executive commissioner in establishing rules and priorities for the use of grant funds awarded through the program. The advisory committee is composed of the following nine members:
(1) the state Medicaid director or the state Medicaid director's designee;
(2) the medical director for the Department of Family and Protective Services or the medical director's designee; and
(3) as appointed by the executive commissioner:
(A) two pediatricians with expertise in child abuse or neglect;
(B) a nurse with expertise in child abuse or neglect;
(C) a representative of a pediatric residency training program;
(D) a representative of a children's hospital;
(E) a representative of a children's advocacy center; and
(F) a member of the Governor's EMS and Trauma Advisory Council.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. September 1, 2009.
Sec. 1001.154. GIFTS AND GRANTS. The department may solicit and accept gifts, grants, and donations from any public or private source for the purposes of this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. September 1, 2009.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 277, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.155. REQUIRED REPORT. Not later than December 1 of each even-numbered year, the department, with the assistance of the advisory committee established under this subchapter, shall submit a report to the governor and the legislature regarding the grant activities of the program and grant recipients, including the results and outcomes of grants provided under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. September 1, 2009.
Sec. 1001.156. RULES. The executive commissioner may adopt rules as necessary to implement this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. September 1, 2009.
Sec. 1001.157. APPROPRIATION REQUIRED. The department is not required to award a grant under this subchapter unless the department is specifically appropriated money for purposes of this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. September 1, 2009.
Subchapter H, consisting of Secs. 1001.201 to 1001.204, was added by Acts 2013, 83rd Leg., R.S., Ch. 352 (H.B. 2392), Sec. 2.
For another Subchapter H, consisting of Secs. 1001.201 to 1001.206, added by Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 4, see Sec. 1001.201 et seq., post.
SUBCHAPTER H. MENTAL HEALTH PROGRAM FOR VETERANS
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 133, S.B. 1296 and S.B. 200, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.201. DEFINITIONS. In this subchapter:
(1) "Peer" means a person who is a veteran or a veteran's family member.
(2) "Veteran" means a person who has served in:
(A) the army, navy, air force, coast guard, or marine corps of the United States;
(B) the state military forces as defined by Section 431.001, Government Code; or
(C) an auxiliary service of one of those branches of the armed forces.
(3) "Volunteer coordinator" means a person who recruits and retains veterans, peers, and volunteers to participate in the mental health program for veterans and related activities.
Added by Acts 2013, 83rd Leg., R.S., Ch. 352 (H.B. 2392), Sec. 2, eff. September 1, 2013.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 1296, S.B. 1304, S.B. 1305, S.B. 133 and S.B. 219, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.202. GENERAL POWERS AND DUTIES. (a) The department shall develop a mental health intervention program for veterans. The program must include:
(1) peer-to-peer counseling;
(2) access to licensed mental health professionals for volunteer coordinators and peers;
(3) training approved by the department for peers;
(4) technical assistance for volunteer coordinators and peers;
(5) grants to regional and local organizations providing services under this subchapter;
(6) recruitment, retention, and screening of community-based therapists;
(7) suicide prevention training for volunteer coordinators and peers; and
(8) veteran jail diversion services, including veterans courts.
(b) The department shall solicit and ensure that specialized training is provided to persons who are peers and who want to provide peer-to-peer counseling or other peer-to-peer services under the program.
(c) The department may adopt rules necessary to implement this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 352 (H.B. 2392), Sec. 2, eff. September 1, 2013.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 1296 and S.B. 133, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.203. GRANTS. (a) The department shall establish a grant program through which the department may award grants to regional and local organizations for the delivery of programs or services described by this subchapter.
(b) A grant awarded under this section must:
(1) emphasize direct services to veterans provided by peers;
(2) leverage additional local resources to provide funding for programs or services for veterans; and
(3) increase the capacity of the mental health program for veterans.
(c) A grant awarded under this section may not be used to supplant existing expenditures associated with programs or services within the department.
Added by Acts 2013, 83rd Leg., R.S., Ch. 352 (H.B. 2392), Sec. 2, eff. September 1, 2013.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 1296 and S.B. 133, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.204. ANNUAL REPORT. Not later than December 1 of each year, the department shall submit a report to the governor and the legislature that includes:
(1) the number of veterans who received services through the mental health program for veterans;
(2) the number of peers and volunteer coordinators trained;
(3) a summary of the grants awarded and services provided through those grants;
(4) an evaluation of the services provided under this subchapter; and
(5) recommendations for program improvements.
Added by Acts 2013, 83rd Leg., R.S., Ch. 352 (H.B. 2392), Sec. 2, eff. September 1, 2013.
Subchapter H, consisting of Secs. 1001.201 to 1001.206, was added by Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 4.
For another Subchapter H, consisting of Secs. 1001.201 to 1001.204, added by Acts 2013, 83rd Leg., R.S., Ch. 352 (H.B. 2392), Sec. 2, see Sec. 1001.201 et seq., post.
SUBCHAPTER H. MENTAL HEALTH FIRST AID TRAINING
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 133, S.B. 1296 and S.B. 200, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.201. DEFINITIONS. In this subchapter:
(1) "Educator" means a person who is required to hold a certificate issued under Subchapter B, Chapter 21, Education Code.
(2) "Local mental health authority" has the meaning assigned by Section 531.002 and includes the local behavioral health authority for the NorthSTAR Behavioral Health Program.
(3) "Regional education service center" means a regional education service center established under Chapter 8, Education Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 4, eff. September 1, 2013.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 1296, S.B. 1304, S.B. 1305, S.B. 133 and S.B. 219, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.202. GRANTS FOR TRAINING OF MENTAL HEALTH FIRST AID TRAINERS. (a) To the extent funds are appropriated to the department for that purpose, the department shall make grants to local mental health authorities to contract with persons approved by the department to train employees or contractors of the authorities as mental health first aid trainers.
(b) Except as provided by Subsection (c), the department shall make each grant to a local mental health authority under this section in an amount equal to $1,000 times the number of employees or contractors of the authority whose training as mental health first aid trainers will be paid by the grant.
(c) For each state fiscal year, the total amount the department may grant to a local mental health authority under this section may not exceed the lesser of $30,000 or three percent of the funds appropriated to the department for making grants under this section.
(d) The executive commissioner shall adopt rules to establish the requirements for a person to be approved by the department to train employees or contractors of a local mental health authority as mental health first aid trainers. The rules must ensure that a person who is approved by the department is qualified to provide training in:
(1) the potential risk factors and warning signs for various mental illnesses, including depression, anxiety, trauma, psychosis, eating disorders, substance abuse disorders, and self-injury;
(2) the prevalence of various mental illnesses in the United States and the need to reduce the stigma associated with mental illness;
(3) an action plan for use by the employees or contractors that involves the use of skills, resources, and knowledge to assess a situation and develop and implement an appropriate intervention to help an individual experiencing a mental health crisis obtain appropriate professional care; and
(4) the evidence-based professional, peer, social, and self-help resources available to help individuals with mental illness.
(e) Two or more local mental health authorities may collaborate and share resources to provide training for employees or contractors of the authorities under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 4, eff. September 1, 2013.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 1296 and S.B. 133, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.203. GRANTS FOR TRAINING CERTAIN EDUCATORS IN MENTAL HEALTH FIRST AID. (a) To the extent funds are appropriated to the department for that purpose, the department shall make grants to local mental health authorities to provide an approved mental health first aid training program, administered by mental health first aid trainers, at no cost to educators.
(b) For each state fiscal year, the total amount the department may grant to a local mental health authority under this section may not exceed the lesser of $40,000 or three percent of the funds appropriated to the department for making grants under this section.
(c) Subject to the limit provided by Subsection (b), out of the funds appropriated to the department for making grants under this section, the department shall grant $100 to a local mental health authority for each educator who successfully completes a mental health first aid training program provided by the authority under this section.
(d) A mental health first aid training program provided by a local mental health authority under this section must:
(1) be conducted by a person trained as a mental health first aid trainer;
(2) provide participants with the skills necessary to help an individual experiencing a mental health crisis until the individual is able to obtain appropriate professional care; and
(3) include:
(A) instruction in a five-step strategy for helping an individual experiencing a mental health crisis, including assessing risk, listening respectfully to and supporting the individual, and identifying professional help and other supports for the individual;
(B) an introduction to the risk factors and warning signs for mental illness and substance abuse problems;
(C) experiential activities to increase participants' understanding of the impact of mental illness on individuals and families; and
(D) a presentation of evidence-supported treatment and self-help strategies.
(e) A local mental health authority may contract with a regional education service center to provide a mental health first aid training program to educators under this section.
(f) Two or more local mental health authorities may collaborate and share resources to develop and operate a mental health first aid training program under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 4, eff. September 1, 2013.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 1296 and S.B. 133, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.204. PLANS FOR MENTAL HEALTH FIRST AID TRAINING PROGRAMS. (a) Not later than October 1 of each state fiscal year for which a local mental health authority will seek a grant from the department under Section 1001.203, the authority shall submit to the department a plan demonstrating the manner in which grants made to the authority under that section will be used:
(1) to train individuals in mental health first aid throughout the authority's local service area to maximize the number of children who have direct contact with an individual who has successfully completed a mental health first aid training program provided by the authority;
(2) to meet the greatest needs of the authority's local service area, as identified by the authority; and
(3) to complement existing resources and not duplicate established mental health first aid training efforts.
(b) The department may not make a grant to a local mental health authority under Section 1001.203 unless the department has evaluated a plan submitted by the authority under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 4, eff. September 1, 2013.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 133, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 1001.205. REPORTS. (a) Not later than July 1 of each year, a local mental health authority shall provide to the department the number of:
(1) employees and contractors of the authority who were trained as mental health first aid trainers under Section 1001.202;
(2) educators who completed a mental health first aid training program offered by the authority under Section 1001.203 during the preceding calendar year; and
(3) individuals who are not educators who completed a mental health first aid training program offered by the authority during the preceding calendar year.
(b) Not later than August 1 of each year, the department shall compile the information submitted by local mental health authorities as required by Subsection (a) and submit a report to the legislature containing the number of:
(1) authority employees and contractors trained as mental health first aid trainers;
(2) educators who completed a mental health first aid training program provided by an authority during the preceding calendar year; and
(3) individuals who are not educators who completed a mental health first aid training program provided by an authority during the preceding calendar year.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 4, eff. September 1, 2013.
Sec. 1001.206. LIABILITY. A person who has completed a mental health first aid training program offered by a local mental health authority under this subchapter and who in good faith attempts to assist an individual experiencing a mental health crisis is not liable in civil damages for an act performed in attempting to assist the individual unless the act is wilfully or wantonly negligent.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 4, eff. September 1, 2013.
