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, 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). Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 1035,Sec. 2, eff. 9/1/2023.Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1019,Sec. 1, eff. 9/1/2019.