bill creating a license for outpatient behavioral health centers

The text as introduced · 931 words

By: Oliverson
H.B. No. 2819

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of outpatient behavioral

health centers; authorizing civil and administrative penalties;

imposing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 7, Health and Safety Code, is

amended by adding Chapter 577B to read as follows:

CHAPTER 577B. OUTPATIENT BEHAVIORAL HEALTH CENTERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 577B.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Health and Human Services

Commission.

(2) "Outpatient behavioral health center" means a

private facility that provides partial hospitalization services or

intensive outpatient mental health services for persons with

substance use disorders or who are experiencing mental illness.

Sec. 577B.002. EXEMPTIONS. This chapter does not apply to:

(1) a mental hospital;

(2) a private mental hospital or other mental health

facility licensed under Chapter 577; or

(3) a psychiatric residential youth treatment

facility certified under Chapter 577A.

Sec. 577B.003. RULES. The executive commissioner shall

adopt rules necessary to implement this chapter.

SUBCHAPTER B. LICENSING, FEES, AND INSPECTIONS

Sec. 577B.051. LICENSE REQUIRED. A person may not operate

an outpatient behavioral health center without a license issued by

the commission under this chapter.

Sec. 577B.052. LICENSE APPLICATION. (a) An applicant for a

license under this chapter must submit a sworn application to the

commission on a form prescribed by the commission.

(b) The commission shall prepare the application form and

make the form available on request.

(c) The application must be accompanied by a nonrefundable

application fee and by a license fee. The commission shall return

the license fee if the application is denied.

(d) The application must contain:

(1) the name and location of the outpatient behavioral

health center;

(2) the name and address of the physician to be in

charge of the treatment of patients;

(3) the name and address of the outpatient behavioral

health center owners, including the officers, directors, and

principal stockholders if the owner is a corporation or other

association;

(4) the number, duties, and qualifications of the

professional staff;

(5) a description of the equipment and facilities of

the outpatient behavioral health center; and

(6) other information required by the commission,

including affirmative evidence of ability to comply with the

commission's rules and standards.

(e) The applicant must submit a plan of the outpatient

behavioral health center premises that describes the buildings and

grounds and the manner in which the various parts of the premises

are intended to be used.

(f) Subsection (e) does not apply to an application

submitted for an outpatient behavioral health center that is in

operation on September 1, 2025. This subsection expires September

1, 2026.

Sec. 577B.053. INVESTIGATION. The commission shall conduct

an investigation as considered necessary after receiving the

completed license application and the required fees.

Sec. 577B.054. ISSUANCE AND RENEWAL OF LICENSE. (a) The

commission shall issue a license if the commission finds that the

premises are suitable and that the applicant is qualified to

operate an outpatient behavioral health center, in accordance with

the requirements and standards prescribed by law and the

commission.

(b) A license issued to the applicant under this chapter:

(1) is valid only for the premises described by the

license; and

(2) is not transferable or assignable.

(c) A license issued under this chapter expires on the

second anniversary of the date the license is issued or renewed.

(d) The commission shall renew a license if:

(1) the license holder submits to the commission a fee

established by the executive commissioner under Section 577B.055;

and

(2) on inspection and investigation the commission

determines the license holder meets the requirements of this

chapter and commission rules.

Sec. 577B.055. FEES. (a) The executive commissioner by

rule shall adopt fees for the application for a license and for the

renewal of a license in amounts reasonable and necessary to cover

the cost of administering this chapter.

(b) All fees collected under this chapter shall be deposited

to the credit of the general revenue fund.

SUBCHAPTER C. REGULATION OF OUTPATIENT BEHAVIORAL HEALTH CENTERS

Sec. 577B.101. MINIMUM STANDARDS. The executive

commissioner shall adopt minimum standards to ensure proper care

and treatment of patients in an outpatient behavioral health

center.

SUBCHAPTER D. ENFORCEMENT

Sec. 577B.151. PENALTIES. A facility licensed 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 2. Section 577.002(b), Health and Safety Code, is

amended to read as follows:

(b) This chapter does not apply to :

(1) a psychiatric residential youth treatment

facility certified under Chapter 577A ; or

(2) an outpatient behavioral health center licensed

under Chapter 577B .

SECTION 3. Section 577A.002, Health and Safety Code, is

amended to read as follows:

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 ; or

(3) an outpatient behavioral health center licensed

under Chapter 577B .

SECTION 4. (a) 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 577B, Health and Safety Code, as added by this Act.

(b) Notwithstanding Chapter 577B, Health and Safety Code,

as added by this Act, an outpatient behavioral health center

described by that chapter is not required to be licensed under that

chapter until September 1, 2026.

SECTION 5. This Act takes effect September 1, 2025.