bill requiring peer specialists to disclose full criminal history

The text as introduced · 1,490 words

89R4798 LRM-D

By: Menéndez
S.B. No. 2475

A BILL TO BE ENTITLED

AN ACT

relating to the disclosure and consideration of criminal conduct

for purposes of certification as a peer specialist or peer

specialist supervisor to provide Medicaid mental health and

substance use services.

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

SECTION 1. Section 547.0003(a), Government Code, as

effective April 1, 2025, is amended to read as follows:

(a) With input from mental health and substance use peer

specialists and subject to Section 547.00031 , the commission shall

develop and the executive commissioner shall adopt:

(1) rules establishing training requirements for peer

specialists to provide services to individuals with mental illness

or individuals with substance use conditions;

(2) rules establishing certification and supervision

requirements for peer specialists;

(3) rules defining the scope of services that peer

specialists may provide;

(4) rules distinguishing peer services from other

services that a person must hold a license to provide; and

(5) any other rules necessary to protect the health

and safety of individuals receiving peer services.

SECTION 2. Subchapter A, Chapter 547, Government Code, as

effective April 1, 2025, is amended by adding Section 547.00031 to

read as follows:

Sec. 547.00031. MEDICAID PEER SPECIALISTS AND PEER

SPECIALIST SUPERVISORS. (a) In this section, "certification

entity" means an entity that issues a certification to an

individual to provide mental health or substance use peer

specialist services or to act as a peer specialist supervisor.

(b) An applicant for certification as a peer specialist or

peer specialist supervisor or a certificate holder shall disclose

to the certification entity and provide to the entity complete

information about the individual's involvement as a defendant in

any of the following:

(1) a misdemeanor or felony charge;

(2) an indictment;

(3) a placement on community supervision, including

deferred adjudication community supervision, or probation; or

(4) a conviction.

(c) An individual's failure to fully and accurately

disclose information as required by Subsection (b) may be grounds

for denial of an application for certification as a peer specialist

or peer specialist supervisor or for disciplinary action against a

certificate holder, including revocation of the certification.

(d) A certified peer specialist or peer specialist

supervisor shall immediately report to the certification entity the

individual's conviction of or placement on community supervision,

including deferred adjudication community supervision, for:

(1) a category one offense, which consists of any of

the following offenses:

(A) a capital offense;

(B) a sexual offense that involves a victim who

is a child;

(C) one or more counts of a sexual offense

punishable as a felony that involves a victim who is an adult client

of the individual;

(D) multiple counts of a sexual offense

punishable as a felony that involves a victim who is an adult and

who is not the individual's client; and

(E) an offense of criminal homicide punishable as

a felony of the first degree;

(2) a category two offense, which consists of any of

the following offenses:

(A) kidnapping;

(B) arson;

(C) an offense of criminal homicide other than an

offense described by Subdivision (1)(E);

(D) a single count of a sexual offense punishable

as a felony that involves a victim who is an adult and who is not the

individual's client; and

(E) an offense involving an attempt to commit an

offense described by Subdivision (1) or this subdivision;

(3) a category three offense, which consists of any

offense punishable as a felony that is not listed separately in this

subsection and that resulted or had the potential to result in

physical harm to another individual or an animal;

(4) a category four offense, which consists of any of

the following offenses:

(A) an alcohol or drug offense punishable as a

Class A misdemeanor;

(B) an offense punishable as a Class A

misdemeanor that resulted or had the potential to result in

physical harm to another individual or an animal;

(C) an alcohol or drug offense punishable as a

felony; and

(D) any other offense punishable as a felony that

is not included in another category in this subsection; and

(5) a category five offense, which consists of any of

the following offenses:

(A) an alcohol or drug offense punishable as a

Class B misdemeanor; and

(B) an offense punishable as a Class B

misdemeanor that resulted or had the potential to result in

physical harm to another individual or an animal.

(e) A certification entity shall deny the initial or renewal

application for certification as a peer specialist or peer

specialist supervisor of an applicant who has been convicted of or

placed on community supervision, including deferred adjudication

community supervision, for an offense:

(1) permanently, if the offense is a category one

offense;

(2) for a period of 15 years from the date of

conviction or placement on community supervision if the offense is

a category two offense;

(3) for a period of 10 years from the date of

conviction or placement on community supervision if the offense is

a category three offense; and

(4) for a period of two years from the date of

conviction or placement on community supervision if the offense is:

(A) a category four offense unless, at the time

of application, the proceedings have been dismissed and the

applicant has been discharged after completing deferred

adjudication community supervision; or

(B) a category five offense.

(f) A certification entity shall deny the initial or renewal

application for certification as a peer specialist or peer

specialist supervisor of an applicant if a court in a criminal

proceeding has entered a finding of incapacity involving the

applicant based on a mental defect or disease.

(g) A certification entity shall defer approving or denying

an initial or renewal application for certification as a peer

specialist or peer specialist supervisor made by an applicant who

has been charged with or is under indictment for an offense

described by Subsection (d). The certification entity shall:

(1) deny the application in accordance with the

applicable period prescribed by Subsection (e) if the applicant is

subsequently convicted of or placed on community supervision,

including deferred adjudication community supervision, for the

offense; or

(2) make a decision on the application without

prejudice from the charge or indictment if the charged offense is

subsequently dismissed or the applicant is subsequently acquitted

of committing the offense.

(h) A certification entity shall send notice by certified

mail to an applicant for certification whose application is

deferred under Subsection (g) at the address listed in the

certification entity's records stating the reason for deferral of

the decision on the application.

(i) A certified peer specialist or peer specialist

supervisor remains subject to applicable certification renewal

requirements regardless of whether the certification entity's

approval or denial of the renewal application is deferred as

required by Subsection (g).

(j) An individual whose application is denied in accordance

with Subsection (e) or (f) may reapply for certification on or after

the date:

(1) the individual receives a full pardon based on the

individual's wrongful conviction;

(2) the applicable period established by Subsection

(e) has elapsed; or

(3) a court finds that the individual is no longer

incapacitated after a previous finding of incapacity in accordance

with Subsection (f).

(k) An individual whose application for certification has

been denied or deferred under this section may appeal the action

only if:

(1) the individual was convicted of or placed on

community supervision, including deferred adjudication community

supervision, for an offense; and

(2) the individual claims that the period established

by Subsection (e) applicable to that offense has elapsed.

(l) Nothing in this section limits the commission's or

certification entity's authority under other law, including rules,

or policies to take any other action against an applicant for

certification as a peer specialist or peer specialist supervisor or

a certificate holder.

(m) An individual may not be certified as a peer specialist

or peer specialist supervisor if the individual is listed on the

employee misconduct registry maintained by the commission under

Chapter 253, Health and Safety Code.

(n) A certification entity may develop an exception process

under which an applicant for certification as a peer specialist or

peer specialist supervisor who has a criminal history involving an

offense that under Subsection (e) would otherwise preclude

certification may request approval of the applicant's application

on the basis of extraordinary or extenuating circumstances specific

to the applicant's criminal history and events of the applicant's

life since the conviction of or placement on community supervision

for the offense. A certification entity's exception process:

(1) must be documented and approved by the commission;

and

(2) may not allow for an exception to Subsection (m).

SECTION 3. Section 547.00031, Government Code, as added by

this Act, applies to an application for certification, including an

application for a renewal certification, as a peer specialist or

peer specialist supervisor pending on or submitted on or after the

effective date of this Act.

SECTION 4. This Act takes effect September 1, 2025.