By: Armbrister S.B. No. 78
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authority of the Texas Department of Mental Health
1-2 and Mental Retardation to designate an alternative living facility
1-3 to provide mental health services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subdivision (9), Section 571.003, Health and
1-6 Safety Code, is amended to read as follows:
1-7 (9) "Inpatient mental health facility" means a mental
1-8 health facility that can provide 24-hour residential and
1-9 psychiatric services and that is:
1-10 (A) a facility operated by the department;
1-11 (B) a private mental hospital licensed by the
1-12 department;
1-13 (C) a community center;
1-14 (D) a facility operated by a community center or
1-15 other entity the department designates to provide mental health
1-16 services, including an alternative living facility;
1-17 (E) an identifiable part of a general hospital
1-18 in which diagnosis, treatment, and care for persons with mental
1-19 illness is provided and that is licensed by the department or the
1-20 Texas Department of Health; or
1-21 (F) a hospital operated by a federal agency.
1-22 SECTION 2. Subchapter A, Chapter 571, Health and Safety
1-23 Code, is amended by adding Section 571.0045 to read as follows:
1-24 Sec. 571.0045. PROVISION OF MENTAL HEALTH SERVICES IN AN
2-1 ALTERNATIVE LIVING FACILITY. (a) The department may designate an
2-2 alternative living facility to provide mental health services to
2-3 one or more patients who have severe mental impairments.
2-4 (b) A patient may be admitted or transferred to a designated
2-5 facility only if the department determines that the patient can be
2-6 adequately cared for in an alternative living facility rather than
2-7 in a mental hospital.
2-8 (c) In transferring patients from a state mental hospital to
2-9 an alternative living facility, the department shall give priority
2-10 to a patient who cannot be treated in the community and whose only
2-11 choice for treatment other than an alternative living facility is
2-12 an acute care or state mental hospital.
2-13 (d) The department by rule shall prescribe the conditions
2-14 and procedures under which a patient may be admitted or transferred
2-15 to a designated facility. The rules must specifically address
2-16 ways to protect the welfare of the patient and the efficiency of
2-17 appropriate admission and transfer procedures.
2-18 (e) An alternative living facility designated to provide
2-19 court-ordered mental health services must be licensed under Chapter
2-20 577.
2-21 SECTION 3. Subchapter B, Chapter 575, Health and Safety
2-22 Code, is amended by adding Section 575.018 to read as follows:
2-23 Sec. 575.018. TRANSFER TO DESIGNATED SKILLED NURSING
2-24 FACILITY. (a) The department may transfer a patient, if the
2-25 transfer is considered advisable, from a state mental hospital to
2-26 an alternative living facility designated by the department to
2-27 provide court-ordered mental health services.
3-1 (b) The department shall provide to the committing court
3-2 written notice of the transfer before transferring a patient under
3-3 this section.
3-4 SECTION 4. Chapter 577, Health and Safety Code, is amended
3-5 by adding Section 577.0105 to read as follows:
3-6 Sec. 577.0105. RULES AND STANDARDS RELATING TO ALTERNATIVE
3-7 LIVING FACILITIES. (a) The board by rule shall adopt rules and
3-8 standards the board considers necessary and appropriate to ensure
3-9 the proper care and treatment of patients in an alternative living
3-10 facility licensed under this chapter.
3-11 (b) The standards for an alternative living facility must be
3-12 appropriate to ensure the health and safety of the patients in the
3-13 facility.
3-14 SECTION 5. This Act takes effect September 1, 1993.
3-15 SECTION 6. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.