By: Turner of Dallas, et al. H.B. No. 3121         (Senate Sponsor - Johnson)          (In the Senate - Received from the House May 14, 2021;   May 18, 2021, read first time and referred to Committee on Health &   Human Services; May 21, 2021, reported favorably by the following   vote:  Yeas 9, Nays 0; May 21, 2021, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   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   that meets criteria to be 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 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 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.          (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.  This Act takes effect September 1, 2021.     * * * * *