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.