Tex. Educ. Code Section 8.152
Employment of Non-physician Mental Health Professional as Mental Health and Substance Use Resource

(a)

A local mental health authority shall employ a non-physician mental health professional to serve as a mental health and substance use resource for school districts located in the region served by a regional education service center and in which the local mental health authority provides services.

(b)

If two or more local mental health authorities provide services in a region served by a regional education service center, the local mental health authority that primarily operates in the county in which the center is located shall:

(1)

employ the non-physician mental health professional;

(2)

in making a hiring decision, consult with other local mental health authorities providing services in that region; and

(3)

before making the final hiring decision, consult with the center.

(c)

If a local mental health authority is unable to employ a professional who qualifies as a non-physician mental health professional, the authority may request a waiver from the executive commissioner for approval to employ, for purposes of performing the functions and duties of a non-physician mental health professional under this subchapter, a person who:

(1)

is a licensed master social worker, as defined by Section 505.002 (Definitions), Occupations Code; or

(2)

has been issued a licensed professional counselor associate license by the Texas State Board of Examiners of Professional Counselors.

(d)

A person approved under a waiver under Subsection (c) shall carry out the functions and duties required of a non-physician mental health professional under this subchapter in the same manner as a non-physician mental health professional employed under Subsection (a) or (b).
Added by Acts 2019, 86th Leg., R.S., Ch. 1019 (H.B. 19), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1035 (S.B. 26), Sec. 2, eff. September 1, 2023.

Source: Section 8.152 — Employment of Non-physician Mental Health Professional as Mental Health and Substance Use Resource, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­8.­htm#8.­152 (accessed May 26, 2025).

8.001
Establishment 8.002
Purpose 8.003
Governance 8.004
Executive Director 8.005
Exemption from Taxation 8.006
Immunity from Liability 8.007
Transferability of Leave 8.008
Applicability of Certain Laws Relating to Political Activities 8.009
Applicability of Certain Laws Relating to Conflict of Interest 8.011
Nepotism Prohibition 8.012
Contract Management Guide 8.051
Core Services and Services to Improve Performance 8.052
State Initiatives 8.053
Additional Services 8.054
Prohibition on Regulatory Function 8.055
Regional Education Service Center Property 8.056
Limitation on Compensation for Certain Services 8.057
Assistance with Criminal History Record Information 8.058
Child Development Associate Training 8.061
Dyslexia Specialist 8.064
School Safety Support 8.101
Performance Standards and Indicators 8.102
Data Reporting 8.103
Annual Evaluation 8.104
Sanctions 8.121
Funding for Core Services and Services to Improve Performance 8.122
Incentive Funding for District Efficiencies 8.123
Funding for State Initiatives 8.124
Innovative and Emergency Grants 8.125
Contracts for Grants 8.151
Definitions 8.152
Employment of Non-physician Mental Health Professional as Mental Health and Substance Use Resource 8.153
Interagency Collaboration 8.154
Supervision of Non-physician Mental Health Professional 8.155
Duties of Non-physician Mental Health Professional 8.156
Participation by School District Not Required 8.157
Distribution of Funding 8.158
Report 8.0531
Instructional Materials Developed by a Collaboration of Regional Education Service Centers
Green check means up to date. Up to date

Verified:
May 26, 2025

§ 8.152. Employment of Non-physician Mental Health Prof’l as Mental Health & Substance Use Resource's source at texas​.gov