SB2475 - 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.

  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 certifica [Text truncated for display. 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