1-1 By: Armbrister S.B. No. 78 1-2 (In the Senate - Filed February 17, 1993; February 17, 1993, 1-3 read first time and referred to Committee on Finance; 1-4 February 24, 1993, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 10, Nays 1; 1-6 February 24, 1993, sent to printer.) 1-7 COMMITTEE VOTE 1-8 Yea Nay PNV Absent 1-9 Montford x 1-10 Turner x 1-11 Armbrister x 1-12 Barrientos x 1-13 Bivins x 1-14 Ellis x 1-15 Haley x 1-16 Moncrief x 1-17 Parker x 1-18 Ratliff x 1-19 Sims x 1-20 Truan x 1-21 Zaffirini x 1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 78 By: Armbrister 1-23 A BILL TO BE ENTITLED 1-24 AN ACT 1-25 relating to the authority of the Texas Department of Mental Health 1-26 and Mental Retardation to designate an alternative living facility 1-27 to provide mental health services. 1-28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-29 SECTION 1. Subdivision (9), Section 571.003, Health and 1-30 Safety Code, is amended to read as follows: 1-31 (9) "Inpatient mental health facility" means a mental 1-32 health facility that can provide 24-hour residential and 1-33 psychiatric services and that is: 1-34 (A) a facility operated by the department; 1-35 (B) a private mental hospital licensed by the 1-36 department; 1-37 (C) a community center; 1-38 (D) a facility operated by a community center or 1-39 other entity the department designates to provide mental health 1-40 services, including an alternative living facility; 1-41 (E) an identifiable part of a general hospital 1-42 in which diagnosis, treatment, and care for persons with mental 1-43 illness is provided and that is licensed by the department or the 1-44 Texas Department of Health; or 1-45 (F) a hospital operated by a federal agency. 1-46 SECTION 2. Subchapter A, Chapter 571, Health and Safety 1-47 Code, is amended by adding Section 571.0045 to read as follows: 1-48 Sec. 571.0045. PROVISION OF MENTAL HEALTH SERVICES IN AN 1-49 ALTERNATIVE LIVING FACILITY. (a) The department may designate an 1-50 alternative living facility to provide mental health services to 1-51 one or more patients who have severe mental impairments. 1-52 (b) A patient may be admitted or transferred to a designated 1-53 facility only if the department determines that the patient can be 1-54 adequately cared for in an alternative living facility rather than 1-55 in a mental hospital. 1-56 (c) In transferring patients from a state mental hospital to 1-57 an alternative living facility, the department shall give priority 1-58 to a patient who cannot be treated in the community and whose only 1-59 choice for treatment other than alternative living facility is an 1-60 acute care or state mental hospital. 1-61 (d) The department by rule shall prescribe the conditions 1-62 and procedures under which a patient may be admitted or transferred 1-63 to a designated facility. The rules must specifically address 1-64 ways to protect the welfare of the patient and the efficiency of 1-65 appropriate admission and transfer procedures. 1-66 (e) An alternative living facility designated to provide 1-67 court-ordered mental health services must be licensed under Chapter 1-68 577. 2-1 SECTION 3. Subchapter B, Chapter 575, Health and Safety 2-2 Code, is amended by adding Section 575.018 to read as follows: 2-3 Sec. 575.018. TRANSFER TO DESIGNATED SKILLED NURSING 2-4 FACILITY. (a) The department may transfer a patient, if the 2-5 transfer is considered advisable, from a state mental hospital to 2-6 an alternative living facility designated by the department to 2-7 provide court-ordered mental health services. 2-8 (b) The department shall provide to the committing court 2-9 written notice of the transfer before transferring a patient under 2-10 this section. 2-11 SECTION 4. Chapter 577, Health and Safety Code, is amended 2-12 by adding Section 577.015 to read as follows: 2-13 Sec. 577.0105. RULES AND STANDARDS RELATING TO ALTERNATIVE 2-14 LIVING FACILITIES. (a) The board by rule shall adopt rules and 2-15 standards the board considers necessary and appropriate to ensure 2-16 the proper care and treatment of patients in an alternative living 2-17 facility licensed under this chapter. 2-18 (b) The standards for an alternative living facility must be 2-19 appropriate to ensure the health and safety of the patients in the 2-20 facility. 2-21 SECTION 5. This Act takes effect September 1, 1993. 2-22 SECTION 6. The importance of this legislation and the 2-23 crowded condition of the calendars in both houses create an 2-24 emergency and an imperative public necessity that the 2-25 constitutional rule requiring bills to be read on three several 2-26 days in each house be suspended, and this rule is hereby suspended. 2-27 * * * * * 2-28 Austin, 2-29 Texas 2-30 February 24, 2-31 1993 2-32 Hon. Bob Bullock 2-33 President of the Senate 2-34 Sir: 2-35 We, your Committee on Finance to which was referred S.B. No. 78, 2-36 have had the same under consideration, and I am instructed to 2-37 report it back to the Senate with the recommendation that it do not 2-38 pass, but that the Committee Substitute adopted in lieu thereof do 2-39 pass and be printed. 2-40 Montford, 2-41 Chairman 2-42 * * * * * 2-43 WITNESSES 2-44 FOR AGAINST ON 2-45 ___________________________________________________________________ 2-46 Name: Karen Hale x 2-47 Representing: TXMHMR 2-48 City: Austin 2-49 ------------------------------------------------------------------- 2-50 Name: Thomas Plaut x 2-51 Representing: State Comptroller 2-52 City: Austin 2-53 ------------------------------------------------------------------- 2-54 Name: Mary Jo Magruder x 2-55 Representing: Tx Planning Cncl/Devlpmtl Dis 2-56 City: Austin 2-57 ------------------------------------------------------------------- 2-58 Name: Deborah Bernot x 2-59 Representing: Mental Health Assn in Texas 2-60 City: Austin 2-61 ------------------------------------------------------------------- 2-62 FOR AGAINST ON 2-63 ___________________________________________________________________ 2-64 Name: Cynthia Hopkins x 2-65 Representing: Texas Mental Health Consumers 2-66 City: Austin 2-67 ------------------------------------------------------------------- 2-68 Name: Aaryce Hayes x 2-69 Representing: Advocacy, Inc. 2-70 City: Austin 3-1 ------------------------------------------------------------------- 3-2 Name: Charlotte Provencher x 3-3 Representing: Tx Alliance for Mntlly Ill 3-4 City: Austin 3-5 -------------------------------------------------------------------