(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).