Bill Text: TX HB10 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Texas Mental and Behavioral Health Research Institute.
Spectrum: Slight Partisan Bill (Democrat 14-8)
Status: (Engrossed - Dead) 2019-05-22 - Placed on intent calendar [HB10 Detail]
Download: Texas-2019-HB10-Comm_Sub.html
Bill Title: Relating to the creation of the Texas Mental and Behavioral Health Research Institute.
Spectrum: Slight Partisan Bill (Democrat 14-8)
Status: (Engrossed - Dead) 2019-05-22 - Placed on intent calendar [HB10 Detail]
Download: Texas-2019-HB10-Comm_Sub.html
86R20074 JG-D | |||
By: Thompson of Harris, Bonnen of Galveston, | H.B. No. 10 | ||
Coleman, Phelan, Moody, et al. | |||
Substitute the following for H.B. No. 10: | |||
By: Coleman | C.S.H.B. No. 10 |
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relating to the creation of the Texas Mental and Behavioral Health | ||
Research Institute. | ||
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 104A to read as follows: | ||
CHAPTER 104A. TEXAS MENTAL AND BEHAVIORAL HEALTH RESEARCH INSTITUTE | ||
Sec. 104A.001. DEFINITION. In this chapter, "institute" | ||
means the Texas Mental and Behavioral Health Research Institute. | ||
Sec. 104A.002. ESTABLISHMENT; PURPOSE. The institute is | ||
established to create best practices, leadership, and vision for | ||
addressing child and adolescent behavioral health needs and to | ||
provide funding for researching behavioral health issues. | ||
Sec. 104A.003. COMPOSITION OF INSTITUTE. (a) The | ||
institute is composed of the following members: | ||
(1) three representatives of nonprofit organizations | ||
in this state that focus on mental health care, one appointed by the | ||
governor, one appointed by the lieutenant governor, and one | ||
appointed by the speaker of the house of representatives; | ||
(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 the Texas Higher Education | ||
Coordinating Board, appointed by the commissioner of the | ||
coordinating board; and | ||
(5) the chair of the academic department of psychiatry | ||
from each of the following health-related institutions of higher | ||
education or a licensed psychiatrist, including a child-adolescent | ||
psychiatrist, designated to serve by the chair in the chair's | ||
place: | ||
(A) The University of Texas Health Science Center | ||
at Houston; | ||
(B) The University of Texas Health Science Center | ||
at San Antonio; | ||
(C) The University of Texas Southwestern Medical | ||
Center; | ||
(D) The University of Texas Medical Branch at | ||
Galveston; | ||
(E) The University of Texas M. D. Anderson Cancer | ||
Center; | ||
(F) The University of Texas Health Science Center | ||
at Tyler; | ||
(G) The Texas A&M University Health Science | ||
Center; | ||
(H) the University of North Texas Health Science | ||
Center at Fort Worth; | ||
(I) the Texas Tech University Health Sciences | ||
Center; | ||
(J) the Texas Tech University Health Sciences | ||
Center at El Paso; | ||
(K) the Dell Medical School and schools of | ||
nursing and pharmacy at The University of Texas at Austin; | ||
(L) The University of Texas Rio Grande Valley | ||
School of Medicine and schools of nursing and pharmacy; and | ||
(M) Baylor College of Medicine. | ||
(b) Service on the institute by a public officer or employee | ||
is an additional duty of the office or employment. | ||
(c) The institute shall elect a presiding member from among | ||
its membership. | ||
(d) The members of the institute shall designate a member to | ||
represent the institute on the statewide behavioral health | ||
coordinating council. | ||
(e) A vacancy in the membership of the institute shall be | ||
filled in same manner as the original appointment. | ||
(f) The institute shall establish a schedule of regular | ||
meetings. | ||
Sec. 104A.004. ADMINISTRATIVE ATTACHMENT. The institute is | ||
administratively attached to the Texas Higher Education | ||
Coordinating Board. The coordinating board may use up to three | ||
percent of the institute's funds, as approved by the executive | ||
committee established under Section 104A.007, for the purpose of | ||
providing administrative support to the institute. | ||
Sec. 104A.005. POWERS AND DUTIES. (a) The institute shall | ||
coordinate with the statewide behavioral health coordinating | ||
council and work with relevant state agencies, consortiums, | ||
councils, cooperatives, collaborations, boards, centers, and other | ||
state entities to enhance mental health care and impact substance | ||
use disorder in this state through the health-related institutions | ||
of higher education listed in Section 104A.003(a)(5) by providing | ||
funding for: | ||
(1) research efforts conducted by a health-related | ||
institution of higher education; | ||
(2) the dissemination of best practice guidelines by a | ||
health-related institution of higher education; | ||
(3) the recruitment of researchers and clinicians to a | ||
health-related institution of higher education; | ||
(4) the training of students, residents, and fellows | ||
in connection to a research effort conducted under this chapter by a | ||
health-related institution of higher education; and | ||
(5) clinical trials, studies, or other patient | ||
programs of a health-related institution of higher education that | ||
are approved by an institutional review board. | ||
(b) The institute shall adopt rules as necessary to | ||
accomplish the purposes of Subsection (a). | ||
Sec. 104A.006. MENTAL HEALTH, BEHAVIORAL HEALTH, AND | ||
SUBSTANCE USE DISORDER RESEARCH PROGRAM. (a) The institute shall | ||
establish a mental health, behavioral health, and substance use | ||
disorder research program to provide funding to the health-related | ||
institutions of higher education listed in Section 104A.003(a)(5) | ||
to: | ||
(1) implement a statewide research framework focused | ||
on preventing, identifying, and treating mental health conditions, | ||
including: | ||
(A) depression; | ||
(B) first episode psychosis; | ||
(C) substance use disorder; | ||
(D) bipolar disorder and schizophrenia; and | ||
(E) population health; | ||
(2) support research efforts regarding mental and | ||
behavioral health issues, including research related to: | ||
(A) physical, structural, chemical, electrical, | ||
or genetic causes of behavioral health issues; | ||
(B) external factors that may result in | ||
behavioral health issues; | ||
(C) physical or other health issues that may | ||
affect behavioral health; | ||
(D) public health trends and strategies related | ||
to behavioral health; | ||
(E) new treatments, therapies, pharmaceuticals, | ||
medical interventions, or other solutions for addressing | ||
behavioral health issues; | ||
(F) child-adolescent psychiatry; and | ||
(G) co-occurring mental and behavioral health | ||
issues in children with an intellectual or developmental | ||
disability; | ||
(3) in connection to the research efforts conducted | ||
under Subdivision (2), administer training to develop a workforce | ||
that specializes in psychiatric research and clinical care; | ||
(4) research, develop, test, and disseminate best | ||
practices for prescribing opioid drugs; | ||
(5) teach the best practices for prescribing opioid | ||
drugs described by Subdivision (4) at the health-related | ||
institutions of higher education and at any continuing or community | ||
education courses provided by the institution; | ||
(6) conduct substance use disorder research related to | ||
identifying: | ||
(A) addiction recovery methods that use new | ||
substance use disorder treatment strategies, therapies, drugs, or | ||
telemedicine medical services; | ||
(B) barriers to the accessibility of | ||
evidence-based medical treatments for substance use disorder; | ||
(C) strategies and new treatment methods to | ||
reduce the effects of opioid drugs and other controlled substances | ||
on maternal mortality and morbidity rates in this state; | ||
(D) prevention techniques, policies, and | ||
outreach methods to reduce the use of opioid drugs and other | ||
controlled substances; | ||
(E) better pain management strategies for | ||
persons recovering from a substance use disorder; | ||
(F) ways to obtain better data related to | ||
substance use disorder and ways to achieve the interoperability of | ||
various sources of that data; | ||
(G) the most recent pharmacogenetic strategies; | ||
(H) the genetic determinants of addiction; and | ||
(I) whether risk factors for addiction can be | ||
determined or mitigated; | ||
(7) in connection to the research conducted under | ||
Subdivision (6), administer training to develop a workforce that | ||
specializes in psychiatric research and clinical care; | ||
(8) research and test new substance use disorder | ||
treatment approaches; | ||
(9) collaborate with the commission, the Texas State | ||
Board of Pharmacy, and any other appropriate organization, agency, | ||
or professional board to complete comparative studies of | ||
prescribing practices for opioid drugs in this state; | ||
(10) recruit mental health, behavioral health, and | ||
substance use disorder researchers, other than researchers from a | ||
public, private, or independent institution of higher education in | ||
this state; and | ||
(11) research or address any other mental health, | ||
behavioral health, substance use disorder, or addiction issue | ||
identified by the institute. | ||
(b) A health-related institution of higher education listed | ||
in Section 104A.003(a)(5) may apply for funding under this section | ||
alone or in partnership with a state agency or other institution of | ||
higher education. The institute may prioritize awarding funding | ||
under this section to an institution of higher education that | ||
applies in partnership with a state agency or other institution. If | ||
an institution of higher education is awarded funding under this | ||
section, the institution may partner with any necessary entity or | ||
person to carry out the purpose for which the funding was awarded. | ||
(c) The institute shall establish a process for the | ||
selection of research projects to fund under this section. The | ||
process must provide for the evaluation of research projects based | ||
on their alignment with the statewide behavioral health strategic | ||
plan or whether they address key issues identified by the | ||
institute. | ||
(d) Notwithstanding any other law, this section does not | ||
create a civil, criminal, or administrative cause of action or | ||
liability or create a standard of care, obligation, or duty that | ||
provides the basis for a cause of action. | ||
Sec. 104A.007. EXECUTIVE COMMITTEE. (a) The Texas Mental | ||
and Behavioral Health Research Institute Executive Committee is | ||
created to make final decisions on all research proposals | ||
recommended by the institute for funding. The executive committee | ||
shall adopt reasonable rules and procedures to ensure that final | ||
decisions are made in an unbiased and objective manner. | ||
(b) The executive committee is composed of 11 members with | ||
appropriate expertise in mental and behavioral health issues, | ||
appointed as follows: | ||
(1) three members appointed by the governor; | ||
(2) three members appointed by the lieutenant | ||
governor; | ||
(3) three members appointed by the speaker of the | ||
house of representatives; | ||
(4) one member appointed by the membership of the | ||
institute, who may be the presiding officer of the institute; and | ||
(5) one member who represents the statewide behavioral | ||
health coordinating council, appointed by the governor. | ||
(c) A vacancy on the executive committee shall be filled in | ||
the same manner as the original appointment. | ||
(d) The executive committee shall elect a presiding officer | ||
from among the membership of the executive committee. | ||
Sec. 104A.008. FUNDING. In addition to any money | ||
appropriated to the institute, the institute may solicit and accept | ||
gifts, grants, and donations from any source for the purpose of | ||
carrying out this chapter. | ||
Sec. 104A.009. WEBSITE. The Texas Higher Education | ||
Coordinating Board shall assist the institute in creating an | ||
Internet website for the institute. | ||
Sec. 104A.010. COLLABORATION WITH HISTORICALLY BLACK | ||
COLLEGE OR UNIVERSITY. A health-related institution of higher | ||
education listed in Section 104A.003(a)(5) may contract with a | ||
historically black college or university in this state to | ||
collaborate with the institution in carrying out any part of this | ||
chapter. | ||
Sec. 104A.011. REPORT. Not later than December 1 of each | ||
even-numbered year, the institute shall prepare and submit to the | ||
governor and the Legislative Budget Board and post on the | ||
institute's Internet website a biennial report on the institute's | ||
activities and legislative recommendations based on those | ||
activities. | ||
Sec. 104A.012. APPROPRIATION CONTINGENCY. The institute is | ||
required to implement a provision of this chapter only if the | ||
legislature appropriates money specifically for that purpose. If | ||
the legislature does not appropriate money specifically for that | ||
purpose, the institute may, but is not required to, implement the | ||
provision using other money available to the institute for that | ||
purpose. | ||
SECTION 2. Sections 481.076(a), (d), and (j), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) The board may not permit any person to have access to | ||
information submitted to the board under Section 481.074(q) or | ||
481.075 except: | ||
(1) the board, the Texas Medical Board, the Texas | ||
Department of Licensing and Regulation, with respect to the | ||
regulation of podiatrists [ |
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Veterinary Medical Examiners, the Texas Board of Nursing, or the | ||
Texas Optometry Board for the purpose of: | ||
(A) investigating a specific license holder; or | ||
(B) monitoring for potentially harmful | ||
prescribing or dispensing patterns or practices under Section | ||
481.0762; | ||
(2) an authorized officer or member of the department | ||
or authorized employee of the board engaged in the administration, | ||
investigation, or enforcement of this chapter or another law | ||
governing illicit drugs in this state or another state; | ||
(3) the department on behalf of a law enforcement or | ||
prosecutorial official engaged in the administration, | ||
investigation, or enforcement of this chapter or another law | ||
governing illicit drugs in this state or another state; | ||
(4) a medical examiner conducting an investigation; | ||
(5) provided that accessing the information is | ||
authorized under the Health Insurance Portability and | ||
Accountability Act of 1996 (Pub. L. No. 104-191) and regulations | ||
adopted under that Act: | ||
(A) a pharmacist or a pharmacy technician, as | ||
defined by Section 551.003, Occupations Code, acting at the | ||
direction of a pharmacist; or | ||
(B) a practitioner who: | ||
(i) is a physician, dentist, veterinarian, | ||
podiatrist, optometrist, or advanced practice nurse or is a | ||
physician assistant described by Section 481.002(39)(D) or an | ||
employee or other agent of a practitioner acting at the direction of | ||
a practitioner; and | ||
(ii) is inquiring about a recent Schedule | ||
II, III, IV, or V prescription history of a particular patient of | ||
the practitioner; | ||
(6) a pharmacist or practitioner who is inquiring | ||
about the person's own dispensing or prescribing activity; [ |
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(7) one or more states or an association of states with | ||
which the board has an interoperability agreement, as provided by | ||
Subsection (j); or | ||
(8) a health-related institution of higher education | ||
listed in Section 104A.003(a)(5) that is certified by the Centers | ||
for Medicare and Medicaid Services as a qualified entity under the | ||
qualified entity certification program. | ||
(d) Information submitted to the board under this section | ||
may be used only for: | ||
(1) the administration, investigation, or enforcement | ||
of this chapter or another law governing illicit drugs in this state | ||
or another state; | ||
(2) investigatory, evidentiary, or monitoring | ||
purposes in connection with the functions of an agency listed in | ||
Subsection (a)(1); | ||
(3) the prescribing and dispensing of controlled | ||
substances by a person listed in Subsection (a)(5); [ |
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(4) dissemination by the board to the public in the | ||
form of a statistical tabulation or report if all information | ||
reasonably likely to reveal the identity of each patient, | ||
practitioner, or other person who is a subject of the information | ||
has been removed; or | ||
(5) any other purpose outlined by an interoperability | ||
agreement related to institutional compliance monitoring or | ||
medical or public health research. | ||
(j) The board may enter into an interoperability agreement | ||
with one or more states or an association of states authorizing the | ||
board to access prescription monitoring information maintained or | ||
collected by the other state or states or the association, | ||
including information maintained on a central database such as the | ||
National Association of Boards of Pharmacy Prescription Monitoring | ||
Program InterConnect. Pursuant to an interoperability agreement, | ||
the board may authorize the prescription monitoring program of one | ||
or more states or an association of states or an institution of | ||
higher education described by Subsection (a)(8) to access | ||
information submitted to the board under Sections 481.074(q) and | ||
481.075, including by submitting or sharing information through a | ||
central database such as the National Association of Boards of | ||
Pharmacy Prescription Monitoring Program InterConnect. | ||
SECTION 3. Not later than December 1, 2019, the appropriate | ||
appointing authority shall appoint members to the Texas Mental and | ||
Behavioral Health Research Institute in accordance with Section | ||
104A.003, Health and Safety Code, as added by this Act. | ||
SECTION 4. If the constitutional amendment proposed by the | ||
86th Legislature, Regular Session, 2019, providing for the issuance | ||
of general obligation bonds by the Texas Public Finance Authority | ||
to fund research, treatment, and access to services in this state | ||
for behavioral health, mental health, and substance use and | ||
addiction issues is approved by the voters, the Texas Mental and | ||
Behavioral Health Research Institute established by Chapter 104A, | ||
Health and Safety Code, as added by this Act, is eligible to receive | ||
funding through the proceeds of bonds issued under the authority of | ||
Section 68, Article III, Texas Constitution, for any activities | ||
conducted by the institute that serve the purposes of that | ||
constitutional provision. | ||
SECTION 5. To the extent of any conflict, this Act prevails | ||
over another Act of the 86th Legislature, Regular Session, 2019, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 6. If S.B. 10, Acts of the 86th Legislature, Regular | ||
Session, 2019, creating the Texas Mental Health Care Consortium, or | ||
similar legislation creating a comparable entity, becomes law, the | ||
Texas Mental and Behavioral Health Research Institute established | ||
by Chapter 104A, Health and Safety Code, as added by this Act, | ||
shall, to the greatest extent possible, coordinate with the Texas | ||
Mental Health Care Consortium or comparable entity in conducting | ||
meetings and carrying out the purposes of each entity. | ||
SECTION 7. 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. |