H.B. No. 3121

	AN ACT
	relating to a voluntary quality standards certification process for
	certain private residential psychiatric treatment facilities that
	provide treatments and services to youth; imposing fees;
	authorizing civil and administrative penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act shall be known as Alec's Law.
	SECTION 2.  Subtitle C, Title 7, Health and Safety Code, is
	amended by adding Chapter 577A to read as follows:
	CHAPTER 577A. PSYCHIATRIC RESIDENTIAL YOUTH TREATMENT FACILITIES
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 577A.001.  DEFINITIONS. In this chapter:
	(1)  "Commission" means the Health and Human Services
	Commission.
	(2)  "Executive commissioner" means the executive
	commissioner of the commission.
	(3)  "Psychiatric residential youth treatment
	facility" means a private facility that provides psychiatric health
	treatments and services in a residential, nonhospital setting
	exclusively to individuals who are 21 years of age or younger and is
	licensed as a general residential operation under Chapter 42, Human
	Resources Code. The term includes a facility that provides room and
	board.
	(4)  "Severe emotional disturbance" means a mental,
	behavioral, or emotional disorder of sufficient duration to result
	in functional impairment that substantially interferes with or
	limits an individual's role or ability to function in family,
	school, or community activities.
	Sec. 577A.002.  EXEMPTIONS. This chapter does not apply to:
	(1)  a mental hospital; or
	(2)  a private mental hospital or other mental health
	facility licensed under Chapter 577.
	Sec. 577A.003.  LICENSING AND OTHER REQUIREMENTS NOT
	AFFECTED. This chapter does not affect any licensing or other
	requirements of or create a separate license for a psychiatric
	residential youth treatment facility under Chapter 42, Human
	Resources Code.
	Sec. 577A.004.  RULES. The executive commissioner shall
	adopt rules necessary to implement this chapter.
	SUBCHAPTER B. CERTIFICATION, FEES, AND INSPECTIONS
	Sec. 577A.051.  VOLUNTARY QUALITY STANDARDS CERTIFICATION.
	The commission shall, using existing resources to the extent
	feasible, develop and implement a voluntary quality standards
	certification process to certify a psychiatric residential youth
	treatment facility that meets standards for certification under
	this chapter.
	Sec. 577A.052.  CERTIFICATE APPLICATION. (a) To obtain a
	certificate under this chapter, an applicant must submit to the
	commission an application in the form and manner prescribed by the
	commission.
	(b)  Each application must be accompanied by a fee
	established by the executive commissioner under Section 577A.053.
	Sec. 577A.053.  FEES. The executive commissioner by rule
	shall establish a nonrefundable certificate application fee and a
	nonrefundable certificate renewal fee in amounts necessary to cover
	the costs of administering this chapter.
	Sec. 577A.054.  ISSUANCE AND RENEWAL OF CERTIFICATE. (a)
	The commission shall issue a certificate to an applicant if on
	inspection and investigation the commission determines the
	applicant meets the requirements of this chapter and commission
	rules.  The commission may not issue to an applicant a certificate
	under this chapter unless the applicant is licensed as a general
	residential operation under Chapter 42, Human Resources Code.
	(b)  A certificate issued under this chapter expires on the
	second anniversary of the date the certificate is issued or
	renewed.
	(c)  The commission shall renew a certificate if:
	(1)  the certificate holder submits to the commission a
	fee established by the executive commissioner under Section
	577A.053; and
	(2)  on inspection and investigation the commission
	determines the certificate holder meets the requirements of this
	chapter and commission rules.
	Sec. 577A.055.  INSPECTIONS. In addition to the inspections
	required under Section 577A.054, the commission shall conduct an
	inspection not later than the first anniversary of the date a
	certificate is issued or renewed to ensure the certificate holder
	remains in compliance with the requirements of this chapter and
	commission rules.
	SUBCHAPTER C. REGULATION OF CERTIFIED PSYCHIATRIC RESIDENTIAL
	YOUTH TREATMENT FACILITIES
	Sec. 577A.101.  MINIMUM STANDARDS. The executive
	commissioner by rule shall establish minimum standards for the
	certification of psychiatric residential youth treatment
	facilities under this chapter. The minimum standards must require
	a facility to:
	(1)  obtain accreditation by The Joint Commission, the
	Commission on Accreditation of Rehabilitation Facilities, the
	Council on Accreditation, or another accrediting organization
	approved by the commission; and
	(2)  provide and prescribe guidelines for the provision
	of the following activities, treatments, and services:
	(A)  development and implementation of individual
	plans of care, including the provision of services provided by a
	licensed psychiatrist or physician to develop individual plans of
	care;
	(B)  individual therapy;
	(C)  family engagement activities;
	(D)  consultation services with qualified
	professionals, including case managers, primary care
	professionals, community-based mental health providers, school
	staff, and other support planners;
	(E)  24-hour nursing services; and
	(F)  direct care and supervision services,
	supportive services for daily living and safety, and positive
	behavior management services.
	Sec. 577A.102.  ADMISSION CRITERIA. A facility certified
	under this chapter may not admit or provide treatments or services
	to an individual unless the individual:
	(1)  is 21 years of age or younger;
	(2)  has been diagnosed with a severe emotional
	disturbance by a licensed mental health professional;
	(3)  requires residential psychiatric treatment under
	the direction of a licensed physician to improve the individual's
	condition; and
	(4)  was referred for treatments or services in a
	psychiatric residential youth treatment facility by a licensed
	mental health professional.
	SUBCHAPTER D. ENFORCEMENT
	Sec. 577A.151.  PENALTIES. A facility certified under this
	chapter is subject to a civil penalty under Section 571.023 or an
	administrative penalty under Section 571.025, as applicable, for a
	violation of this chapter or a rule adopted under this chapter.
	SECTION 3.  Section 577.002, Health and Safety Code, is
	amended to read as follows:
	Sec. 577.002.  EXEMPTIONS [FROM LICENSING REQUIREMENT]. (a)
	A mental health facility operated by the department or a federal
	agency need not be licensed under this chapter.
	(b)  This chapter does not apply to a psychiatric residential
	youth treatment facility certified under Chapter 577A.
	SECTION 4.  As soon as practicable after the effective date
	of this Act, the executive commissioner of the Health and Human
	Services Commission shall adopt rules necessary to implement
	Chapter 577A, Health and Safety Code, as added by this Act.
	SECTION 5.  If the legislature does not appropriate money
	specifically for the purpose of implementing a provision of this
	Act, the Health and Human Services Commission may, but is not
	required to, implement a provision of this Act using other
	appropriations that are available for that purpose.
	SECTION 6.  This Act takes effect September 1, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3121 was passed by the House on May
	13, 2021, by the following vote:  Yeas 97, Nays 44, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 3121 on May 28, 2021, by the following vote:  Yeas 95, Nays 53,
	1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3121 was passed by the Senate, with
	amendments, on May 26, 2021, by the following vote:  Yeas 27, Nays
	4.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor