(a) If an LMHA or LBHA is unable to employ a person who qualifies as an NPMHP for the BHPP liaison position in its designated ESC, the LMHA or LBHA may request a waiver from the HHSC Executive Commissioner, or designee, to employ an LMSW or LPC associate to serve as the BHPP liaison, pursuant to Texas Education Code §8.152(c).
(b) To apply for a waiver, the LMHA or LBHA must complete and submit the written HHSC Local Mental and Behavioral Health Authority Waiver Request Form to BHPP@hhs.texas.gov addressing the following information:
  (1) the name of the LMHA or LBHA requesting the waiver;
  (2) the LMHA or LBHA's staff member's name and contact information;
  (3) the LMHA or LBHA's recruitment efforts to hire an NPMHP;
  (4) the duration of time the LMHA or LBHA was unable to hire for this position before requesting a waiver; and
  (5) that the BHPP liaison waiver candidate is licensed as an LMSW or LPC associate.

Source Note: The provisions of this §307.265 adopted to be effective June 11, 2024, 49 TexReg 4056