TPA's 88th Legislative Priorities

1. Increase Mental Health Loan Repayment Program Funding
HB1, Bonnen, General Appropriations Bill
06/18/2023 Effective on 9/1/23- Contains $14 million/year for the Mental Health Loan Repayment Program.
The Mental Health Loan Repayment Program was created in the 84th Legislative Session to help address the mental health provider shortage. To be eligible for the program, a mental health provider must agree to provide five consecutive years of service in a mental health provider shortage area and provide services to Medicaid/CHIP enrollees. The Texas legislature has historically allocated 2.7 million dollars to the program per biennium, yet even with federal matching dollars, the program has consistently run out of funds. If the legislature provides more funding, the program could accept new applicants, ensuring more access to care for persons in shortage areas.

2. Protect Personal Information of Mental Health Providers
SB510, Perry, Relating to the confidentiality of certain information maintained by state licensing agencies
05/19/2023 Effective on 9/1/23
To apply for a license in this state, mental health providers must provide personal information, such as their home address and phone number, to their respective licensing agency. Unfortunately, this information is not considered confidential and must be disclosed in response to a Public Information Act request. Mental health providers are often harassed by patients or their family members, and in recent years, these trends have become worse. It is critical that the legislature do everything in its power to ensure providers feel safe, and one easy way to maximize provider safety is to clarify that personal information maintained by the state is considered confidential.

3. Allow Qualified Psychologists to Prescribe
Six states, including New Mexico and Louisiana, currently allow psychologists who seek advanced training to prescribe psychotropic medications. Out of 254 counties in Texas, 241 of them are mental health prescriber shortage areas and over half of the counties in Texas do not have a psychiatrist at all. Without specialized training in mental health and psychotropic medications, primary care physicians are reluctant to treat mental health conditions, yet feel burdened to provide needed care. Patients across the state are often required to wait months to see a practitioner that can prescribe the medications they need to treat common mental health concerns. Allowing psychologists who have completed an additional master’s degree in clinical psychopharmacology to prescribe would increase access to care while lowering wait times and costs for the patient. This bill allows a free market solution, at no cost to the state, especially to those who need it most. It provides greater choices and cuts expenses for all. The legislature should approve this public health and access measure this legislative session.

3. Improve Guardianship
SB1624, Zaffirini, Relating to guardianships and services for incapacitated persons and to the emergency detention of certain persons with mental illness. 06/18/2023 Effective on 9/1/23
Currently, for a court to create a guardianship, modify a guardianship, or approve an order restoring capacity for an incapacitated person, the court must have a written letter or certificate signed by a physician. Many times, psychologists will perform an examination and evaluate the person’s mental functioning, but then need a physician to sign the letter. This unnecessarily delays guardianship actions and adds costs for the family. The legislature should consider removing this barrier by allowing courts to accept a recommendation signed by a psychologist when the reason for creating the guardianship is a mental health condition.

4. Exemption from Sex Offender Treatment Licensure
When Texas created a license for persons who treat sex offenders, psychologists were not exempted from the duplicative requirements. To be licensed, a person needs 1000 supervised hours, 40 hours of continuing education, and a $375 application fee. Due to these barriers, many psychologists who had been treating this population chose not to seek the additional license. Currently, there are only about 500 licensed sex offender treatment providers in the state, leaving many potentially dangerous persons without treatment. The state should provide a carve-out to the LSOTP licensing law for qualified psychologists.

View the 88th Legislative Session Report

 TPA’s 87th Legislative Session Wrap Up