S.B. No. 1507
 
 
 
 
AN ACT
  relating to the statewide coordination and oversight of forensic
  mental health services overseen by the Department of State Health
  Services, including the appointment of a forensic director.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 532, Health and Safety Code, is amended
  by adding Sections 532.013 and 532.0131 to read as follows:
         Sec. 532.013.  FORENSIC DIRECTOR. (a)  In this section:
               (1)  "Forensic patient" means a person with mental
  illness who is:
                     (A)  examined on the issue of competency to stand
  trial by an expert appointed under Subchapter B, Chapter 46B, Code
  of Criminal Procedure;
                     (B)  found incompetent to stand trial under
  Subchapter C, Chapter 46B, Code of Criminal Procedure;
                     (C)  committed to court-ordered mental health
  services under Subchapter E, Chapter 46B, Code of Criminal
  Procedure; or
                     (D)  found not guilty by reason of insanity under
  Chapter 46C, Code of Criminal Procedure.
               (2)  "Forensic services" means a competency
  examination, competency restoration services, or mental health
  services provided to a current or former forensic patient in the
  community or at a department facility.
         (b)  The commissioner shall appoint a forensic director.
         (c)  To be qualified for appointment as forensic director, a
  person must have proven expertise in the social, health, and legal
  systems for forensic patients, and in the intersection of those
  systems.
         (d)  The forensic director reports to the commissioner and is
  responsible for:
               (1)  statewide coordination and oversight of forensic
  services;
               (2)  coordination of programs operated by the
  department relating to evaluation of forensic patients, transition
  of forensic patients from inpatient to outpatient or
  community-based services, community forensic monitoring, or
  forensic research and training; and
               (3)  addressing issues with the delivery of forensic
  services in the state, including:
                     (A)  significant increases in populations with
  serious mental illness and criminal justice system involvement;
                     (B)  adequate availability of department
  facilities for civilly committed forensic patients;
                     (C)  wait times for forensic patients who require
  competency restoration services;
                     (D)  interruption of mental health services of
  recently released forensic patients;
                     (E)  coordination of services provided to
  forensic patients by state agencies;
                     (F)  provision of input regarding the regional
  allocation of mental health beds for certain forensic patients and
  other patients with mental illness under Section 533.0515; and 
                     (G)  provision of input regarding the development
  and maintenance of a training curriculum for judges and attorneys
  for treatment alternatives to inpatient commitment to a state
  hospital for certain forensic patients under Section 1001.086. 
         Sec. 532.0131.  FORENSIC WORK GROUP. (a)  In this section,
  "forensic patient" and "forensic services" have the meanings
  assigned by Section 532.013.
         (b)  The commissioner shall establish a work group of experts
  and stakeholders to make recommendations concerning the creation of
  a comprehensive plan for the effective coordination of forensic
  services. 
         (c)  The work group must have not fewer than nine members,
  with the commissioner selecting the total number of members at the
  time the commissioner establishes the work group.
         (d)  The executive commissioner of the Health and Human
  Services Commission shall appoint as members of the work group:
               (1)  a representative of the department;
               (2)  a representative of the Texas Department of
  Criminal Justice;
               (3)  a representative of the Texas Juvenile Justice
  Department;
               (4)  a representative of the Texas Correctional Office
  on Offenders with Medical or Mental Impairments;
               (5)  a representative of the Sheriff's Association of
  Texas;
               (6)  a superintendent of a state hospital with a
  maximum security forensic unit;
               (7)  a representative of a local mental health
  authority;
               (8)  a representative of the protection and advocacy
  system of this state established in accordance with 42 U.S.C.
  Section 15043, appointed by the administrative head of that system;
  and
               (9)  additional members as needed to comply with the
  number of members selected by the commissioner, who must be
  recognized experts in forensic patients or persons who represent
  the interests of forensic patients, and who may be advocates,
  family members, psychiatrists, psychologists, social workers,
  psychiatric nurses, or representatives of hospitals licensed under
  Chapter 241 or 577.
         (e)  In developing recommendations, the work group may use
  information compiled by other work groups in the state, especially
  work groups for which the focus is mental health issues.
         (f)  Not later than July 1, 2016, the work group established
  under this section shall send a report describing the work group's
  recommendations to the lieutenant governor, the speaker of the
  house of representatives, and the standing committees of the senate
  and the house of representatives with primary jurisdiction over
  forensic services.
         (g)  The executive commissioner of the Health and Human
  Services Commission may adopt rules as necessary to implement this
  section.
         (h)  The work group established under this section is
  dissolved and this section expires November 1, 2019.
         SECTION 2.  Subchapter B, Chapter 533, Health and Safety
  Code, is amended by adding Section 533.0515 to read as follows:
         Sec. 533.0515.  REGIONAL ALLOCATION OF MENTAL HEALTH BEDS.
  (a)  In this section, "inpatient mental health facility" has the
  meaning assigned by Section 571.003.
         (b)  The commission, with input from local mental health
  authorities, local behavioral health authorities, stakeholders,
  and the forensic director appointed under Section 532.013, and
  after considering any plan developed under Section 533.051, shall
  divide the state into regions for the purpose of allocating to each
  region state-funded beds in the state hospitals and other inpatient
  mental health facilities for patients who are:
               (1)  voluntarily admitted to a state hospital or other
  inpatient mental health facility under Subchapter B, Chapter 462,
  or Chapter 572;
               (2)  admitted to a state hospital or other inpatient
  mental health facility for emergency detention under Subchapter C,
  Chapter 462, or Chapter 573;
               (3)  ordered by a court to receive at a state hospital
  or other inpatient mental health facility inpatient chemical
  dependency treatment under Subchapter D, Chapter 462, or inpatient
  mental health services under Chapter 574;
               (4)  committed to a state hospital or other inpatient
  mental health facility to attain competency to stand trial under
  Chapter 46B, Code of Criminal Procedure; or
               (5)  committed to a state hospital or other inpatient
  mental health facility to receive inpatient mental health services
  following an acquittal by reason of insanity under Chapter 46C,
  Code of Criminal Procedure.
         (c)  The department, in conjunction with the commission,
  shall convene the advisory panel described by Section 533.051(c) at
  least quarterly in order for the advisory panel to:
               (1)  develop, make recommendations to the executive
  commissioner or department, as appropriate, and monitor the
  implementation of updates to:
                     (A)  a bed day allocation methodology for
  allocating to each region designated under Subsection (b) a certain
  number of state-funded beds in state hospitals and other inpatient
  mental health facilities for the patients described by Subsection
  (b) based on the identification and evaluation of factors that
  impact the use of state-funded beds by patients in a region,
  including clinical acuity, the prevalence of serious mental
  illness, and the availability of resources in the region; and
                     (B)  a bed day utilization review protocol that
  includes a peer review process to:
                           (i)  evaluate:
                                 (a)  the use of state-funded beds in
  state hospitals and other inpatient mental health facilities by
  patients described by Subsection (b);
                                 (b)  alternatives to hospitalization
  for those patients;
                                 (c)  the readmission rate for those
  patients; and
                                 (d)  the average length of admission
  for those patients; and
                           (ii)  conduct a review of the diagnostic and
  acuity profiles of patients described by Subsection (b) for the
  purpose of assisting the department, commission, and advisory panel
  in making informed decisions and using available resources
  efficiently and effectively; and
               (2)  receive and review status updates from the
  department regarding the implementation of the bed day allocation
  methodology and the bed day utilization review protocol.
         (d)  Not later than December 1 of each even-numbered year,
  the advisory panel shall submit to the executive commissioner for
  consideration a proposal for an updated bed day allocation
  methodology and bed day utilization review protocol, and the
  executive commissioner shall adopt an updated bed day allocation
  methodology and bed day utilization review protocol.
         (e)  Not later than December 1 of each even-numbered year,
  the department, in conjunction with the commission and the advisory
  panel, shall prepare and submit to the governor, the lieutenant
  governor, the speaker of the house of representatives, the senate
  finance committee, the house appropriations committee, and the
  standing committees of the legislature having jurisdiction over
  mental health and human services a report that includes:
               (1)  a summary of the activities of the commission,
  department, and advisory panel to develop or update the bed day
  allocation methodology and bed day utilization review protocol;
               (2)  the outcomes of the implementation of the bed day
  allocation methodology by region, including an explanation of how
  the actual outcomes aligned with or differed from the expected
  outcomes;
               (3)  for planning purposes, for each region, the actual
  value of a bed day for the two years preceding the date of the report
  and the projected value of a bed day for the five years following
  the date of the report, as calculated by the department;
               (4)  for each region, an evaluation of the factors in
  Subsection (c)(1)(A), including the availability of resources in
  the region, that impact the use of state-funded beds in state
  hospitals and other inpatient mental health facilities by the
  patients described by Subsection (b);
               (5)  the outcomes of the implementation of the bed day
  utilization review protocol and the impact of the use of the
  protocol on the use of state-funded beds in state hospitals and
  other inpatient mental health facilities by the patients described
  by Subsection (b); and
               (6)  any recommendations of the department,
  commission, or advisory panel to enhance the effective and
  efficient allocation of state-funded beds in state hospitals and
  other inpatient mental health facilities for the patients described
  by Subsection (b).
         (f)  Notwithstanding Subsection (d), not later than March 1,
  2016, the advisory panel, with assistance from the department,
  shall submit to the executive commissioner an initial proposal for
  a bed day allocation methodology and bed day utilization review
  protocol for review.  The executive commissioner shall adopt an
  initial bed day allocation methodology and bed day utilization
  review protocol not later than June 1, 2016. Before the commission
  adopts the initial bed day allocation methodology, the department
  shall continue to allocate state-funded beds in the state hospitals
  and other inpatient mental health facilities according to the
  department's policy as it existed immediately before September 1,
  2015, and the policy is continued in effect for that purpose.  This
  subsection expires September 1, 2017.
         SECTION 3.  Subchapter D, Chapter 1001, Health and Safety
  Code, is amended by adding Sections 1001.086, 1001.087, and
  1001.088 to read as follows:
         Sec. 1001.086.  TREATMENT ALTERNATIVES TRAINING CURRICULUM
  FOR JUDGES AND ATTORNEYS. (a)  The department, with input from the
  court of criminal appeals and the forensic director appointed under
  Section 532.013, shall develop and maintain a training curriculum
  for judges and attorneys that provides information on inpatient and
  outpatient treatment alternatives to inpatient commitment to a
  state hospital for a patient whom a court is ordering to receive
  mental health services:
               (1)  to attain competency to stand trial under Chapter
  46B, Code of Criminal Procedure; or
               (2)  following an acquittal by reason of insanity under
  Chapter 46C, Code of Criminal Procedure.
         (b)  The training curriculum developed and maintained under
  Subsection (a) must include a guide to treatment alternatives,
  other than inpatient treatment at a state hospital, from which a
  patient described by Subsection (a) may receive mental health
  services. 
         Sec. 1001.087.  CONTRACTING FOR AND ADMINISTRATION OF
  CERTAIN FUNCTIONS RELATING TO SUBSTANCE ABUSE. (a)  The department
  may contract only with local mental health authorities and local
  behavioral health authorities to administer outreach, screening,
  assessment, and referral functions relating to the provision of
  substance abuse services. A local mental health authority or local
  behavioral health authority may subcontract with a substance abuse
  or behavioral health service provider to provide those services.
         (b)  A local mental health authority or local behavioral
  health authority who contracts with the department to administer
  outreach, screening, assessment, and referral functions relating
  to the provision of substance abuse services shall develop an
  integrated service delivery model that, to the extent feasible,
  uses providers who have historically administered outreach,
  screening, assessment, and referral functions.
         Sec. 1001.088.  MENTAL HEALTH AND SUBSTANCE ABUSE HOTLINES.
  The department shall ensure that each local mental health authority
  and local behavioral health authority operates a toll-free
  telephone hotline that enables a person to call a single hotline
  number to obtain information from the authority about mental health
  services, substance abuse services, or both.
         SECTION 4.  (a)  Not later than November 1, 2015, the
  commissioner of state health services shall establish a forensic
  work group, and the executive commissioner of the Health and Human
  Services Commission shall appoint members of that work group, as
  required by Section 532.0131, Health and Safety Code, as added by
  this Act.
         (b)  Not later than November 1, 2015, the executive
  commissioner of the Health and Human Services Commission shall
  adopt any rules necessary for the implementation of Section 532.013
  or 532.0131, Health and Safety Code, as added by this Act.
         SECTION 5.  The commissioner of state health services shall
  appoint a forensic director as required by Section 532.013, Health
  and Safety Code, as added by this Act, as soon as practicable after
  the effective date of this Act.
         SECTION 6.  Not later than March 1, 2016, the Department of
  State Health Services shall develop the training curriculum
  required by Section 1001.086, Health and Safety Code, as added by
  this Act.
         SECTION 7.  Section 1001.087, Health and Safety Code, as
  added by this Act, applies only to a contract that is entered into
  or renewed on or after September 1, 2015. A contract that is
  entered into or renewed before that date is governed by the law as
  it existed immediately before September 1, 2015, and that law is
  continued in effect for that purpose.
         SECTION 8.  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, 2015.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1507 passed the Senate on
  April 15, 2015, by the following vote: Yeas 30, Nays 1; and that
  the Senate concurred in House amendments on May 18, 2015, by the
  following vote: Yeas 28, Nays 2.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1507 passed the House, with
  amendments, on May 11, 2015, by the following vote: Yeas 127,
  Nays 5, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor