By:  Harris, Chris                                     S.B. No. 207
       73R2134 JJT/CBH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of the provision of mental health and
    1-3  chemical dependency services.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5                               ARTICLE 1
    1-6        SECTION 1.01.  Chapter 571, Health and Safety Code, is
    1-7  amended by adding Section 571.0065 to read as follows:
    1-8        Sec. 571.0065.  PRESCRIPTION MEDICATION INFORMATION.  (a)
    1-9  The board by rule shall require a mental health facility that
   1-10  admits a patient under this subtitle to provide to the patient in
   1-11  the patient's primary language information relating to prescription
   1-12  medications ordered by the patient's treating physician.
   1-13        (b)  At a minimum, the required information must:
   1-14              (1)  identify the major types of prescription
   1-15  medications; and
   1-16              (2)  specify for each major type:
   1-17                    (A)  the conditions the medications are commonly
   1-18  used to treat;
   1-19                    (B)  the beneficial effects on those conditions
   1-20  generally expected from the medications;
   1-21                    (C)  side effects and risks associated with the
   1-22  medications;
   1-23                    (D)  commonly used examples of medications of the
   1-24  major type; and
    2-1                    (E)  sources of detailed information concerning a
    2-2  particular medication.
    2-3        (c)  The facility shall also provide the information to the
    2-4  patient's family on request, but only to the extent not otherwise
    2-5  prohibited by state or federal confidentiality laws.
    2-6        SECTION 1.02.  Section 572.003(b), Health and Safety Code, is
    2-7  amended to read as follows:
    2-8        (b)  In addition to the rights provided by this subtitle
    2-9  <Sections 572.004, 576.001, 576.006, 576.007, 576.008, 576.009, and
   2-10  576.021>, a person voluntarily admitted to an inpatient mental
   2-11  health facility under this chapter has the right:
   2-12              (1)  to be reviewed periodically to determine the
   2-13  person's need for continued inpatient treatment; and
   2-14              (2)  to have an application for court-ordered mental
   2-15  health services filed only as provided by Section 572.005.
   2-16        SECTION 1.03.  (a)  Chapter 572, Health and Safety Code, is
   2-17  amended by adding Section 572.0022 to read as follows:
   2-18        Sec. 572.0022.  INFORMATION ON MEDICATIONS.  (a)  A mental
   2-19  health facility shall provide to a patient in the patient's primary
   2-20  language and in accordance with rules adopted under Section
   2-21  571.0065 information relating to prescription medication ordered by
   2-22  the patient's treating physician.
   2-23        (b)  The facility shall also provide the information to the
   2-24  patient's family on request, but only to the extent not otherwise
   2-25  prohibited by state or federal confidentiality laws.
   2-26        (b)  This section takes effect May 1, 1994.
   2-27        SECTION 1.04.  Section 572.005, Health and Safety Code, is
    3-1  amended to read as follows:
    3-2        Sec. 572.005.  APPLICATION FOR COURT-ORDERED TREATMENT.  (a)
    3-3  An application for court-ordered mental health services may not be
    3-4  filed against a patient receiving voluntary inpatient services
    3-5  unless:
    3-6              (1)  a request for release of the patient has been
    3-7  filed with the facility administrator; or
    3-8              (2)  in the <facility administrator's> opinion of the
    3-9  physician responsible for the patient's treatment, the patient
   3-10  meets the criteria for court-ordered mental health services and:
   3-11                    (A)  is absent from the facility without
   3-12  authorization; <or>
   3-13                    (B)  <refuses or> is unable to consent to
   3-14  appropriate and necessary psychiatric treatment; or
   3-15                    (C)  refuses to consent to necessary and
   3-16  appropriate treatment recommended by the physician responsible for
   3-17  the patient's treatment and that physician completes a certificate
   3-18  of medical examination for mental illness that, in addition to the
   3-19  information required by Section 574.011, includes the opinion of
   3-20  the physician that:
   3-21                          (i)  there is no reasonable alternative to
   3-22  the treatment recommended by the physician; and
   3-23                          (ii)  the patient will not benefit from
   3-24  continued in-patient care without the recommended treatment.
   3-25        (b)  The physician responsible for the patient's treatment
   3-26  shall notify the patient if the physician intends to file an
   3-27  application for court-ordered mental health services.
    4-1        SECTION 1.05.  (a)  Subchapter D, Chapter 574, Health and
    4-2  Safety Code, is amended by adding Section 574.0415 to read as
    4-3  follows:
    4-4        Sec. 574.0415.  INFORMATION ON MEDICATIONS.  (a)  A mental
    4-5  health facility shall provide to a patient in the patient's primary
    4-6  language and in accordance with rules adopted under Section
    4-7  571.0065 information relating to prescription medication ordered by
    4-8  the patient's treating physician.
    4-9        (b)  The facility shall also provide the information to the
   4-10  patient's family on request, but only to the extent not otherwise
   4-11  prohibited by state or federal confidentiality laws.
   4-12        (b)  This section takes effect May 1, 1994.
   4-13        SECTION 1.06.  Section 576.006, Health and Safety Code, is
   4-14  amended to read as follows:
   4-15        Sec. 576.006.  RIGHTS SUBJECT TO LIMITATION <BY FACILITY
   4-16  ADMINISTRATOR>.  (a)  A patient in an inpatient mental health
   4-17  facility has the right to:
   4-18              (1)  receive visitors;
   4-19              (2)  communicate with a person outside the facility by
   4-20  telephone and by uncensored and sealed mail; and
   4-21              (3)  communicate by telephone and by uncensored and
   4-22  sealed mail with legal counsel, the department, the courts, and the
   4-23  state attorney general.
   4-24        (b)  The rights provided in Subsection (a) are subject to the
   4-25  general rules of the facility.  The professional ultimately
   4-26  responsible for the patient's treatment <facility administrator>
   4-27  may also restrict a right only to the extent <the facility
    5-1  administrator determines> that the restriction is necessary to the
    5-2  patient's welfare or to protect another person but may not restrict
    5-3  the right to communicate with legal counsel, the department, the
    5-4  courts, or the state attorney general <if an attorney-client
    5-5  relationship has been established>.
    5-6        (c)  If a <A> restriction is imposed under this section, the
    5-7  professional ultimately responsible for the patient's treatment
    5-8  shall document the clinical <by the facility administrator for the
    5-9  patient's welfare and the> reasons for the restriction and the
   5-10  duration of the restriction in <shall be made a part of> the
   5-11  patient's clinical record.  That professional shall inform the
   5-12  patient of the clinical reasons for the restriction and the
   5-13  duration of the restriction.
   5-14        SECTION 1.07.  Section 576.009, Health and Safety Code, is
   5-15  amended to read as follows:
   5-16        Sec. 576.009.  NOTIFICATION OF RIGHTS.  A patient receiving
   5-17  involuntary inpatient mental health services shall be informed of
   5-18  the rights provided by this subtitle <in Sections 576.001, 576.006,
   5-19  576.007, 576.008, and 576.021>:
   5-20              (1)  orally, in simple, nontechnical terms, and in
   5-21  writing that, if possible, is in the person's primary language; or
   5-22              (2)  through the use of a means reasonably calculated
   5-23  to communicate with a hearing impaired or visually impaired person,
   5-24  if applicable.
   5-25        SECTION 1.08.  Subchapter B, Chapter 576, Health and Safety
   5-26  Code, is amended by adding Section 576.025 to read as follows:
   5-27        Sec. 576.025.  CONSENT TO TREATMENT.  (a)  A patient
    6-1  receiving mental health services under this subtitle is entitled to
    6-2  refuse a medication, therapy, or treatment unless:
    6-3              (1)  the patient is younger than 16 years of age and
    6-4  the patient's parent, managing conservator, or guardian consents to
    6-5  the medication, therapy, or treatment on behalf of the patient;
    6-6              (2)  the patient has been adjudicated to be incompetent
    6-7  to manage the patient's personal affairs or to make a decision to
    6-8  refuse the medication, therapy, or treatment and the patient's
    6-9  guardian of the person or another person legally authorized to
   6-10  consent to medical treatment consents to the medication, therapy,
   6-11  or treatment on behalf of the patient; or
   6-12              (3)  a physician treating the patient determines that
   6-13  the medication is necessary to prevent imminent serious physical
   6-14  harm to the patient or to another individual and the physician
   6-15  issues a written order, or a verbal order, if authenticated in
   6-16  writing by the physician within 24 hours, to administer the
   6-17  medication to the patient.
   6-18        (b)  The decision of a guardian or of a person legally
   6-19  authorized to consent to medical treatment on the patient's behalf
   6-20  under Subsection (a)(2) must be based on knowledge of what the
   6-21  patient would desire, if known.
   6-22        (c)  A patient's refusal to receive medication, therapy, or
   6-23  treatment under Subsection (a), or a patient's attempt to refuse if
   6-24  the patient's right to refuse is limited by that subsection, shall
   6-25  be documented in the patient's clinical record together with the
   6-26  patient's expressed reason for refusal.
   6-27        (d)  If a physician orders a medication to be administered to
    7-1  a patient under Subsection (a)(3), the physician shall document in
    7-2  the patient's clinical record in specific medical and behavioral
    7-3  terms the reasons for the physician's determination of the
    7-4  necessity of the order.
    7-5        (e)  Consent given by a patient or by a person authorized by
    7-6  law to consent to treatment on the patient's behalf for the
    7-7  administration of a medication, therapy, or treatment is valid only
    7-8  if:
    7-9              (1)  the consent is given voluntarily and without
   7-10  coercive or undue influence;
   7-11              (2)  before administration of the medication, therapy,
   7-12  or treatment, the treating physician explains to the patient and to
   7-13  the person giving consent, in the person's primary language, if
   7-14  possible, and in simple, nontechnical terms:
   7-15                    (A)  the specific condition to be treated;
   7-16                    (B)  the beneficial effects on that condition
   7-17  expected from the medication, therapy, or treatment;
   7-18                    (C)  the probable health and mental health
   7-19  consequences of not consenting to the medication, therapy, or
   7-20  treatment;
   7-21                    (D)  the side effects and risks associated with
   7-22  the medication, therapy, or treatment;
   7-23                    (E)  the generally accepted alternatives to the
   7-24  medication, therapy, or treatment, if any, and whether an
   7-25  alternative might be appropriate for the patient; and
   7-26                    (F)  the proposed course of the medication,
   7-27  therapy, or treatment;
    8-1              (3)  before administration of a psychoactive
    8-2  medication, the treating physician or facility personnel provide to
    8-3  the patient information relating to the medication from the United
    8-4  States Pharmacopeia Dispensing Information, Volume II, or a similar
    8-5  reference guide approved by the board; and
    8-6              (4)  the informed consent is evidenced in the patient's
    8-7  clinical record by a signed form prescribed by the department for
    8-8  this purpose or by a statement of the treating physician that
    8-9  documents that consent was given by the appropriate person and the
   8-10  circumstances under which the consent was obtained.
   8-11        (f)  A person who consents to the administration of a
   8-12  medication, therapy, or treatment may revoke the consent at any
   8-13  time and for any reason.  Revocation of consent is effective
   8-14  immediately and further medication, therapy, or treatment may not
   8-15  be administered unless new consent is obtained in accordance with
   8-16  this section.
   8-17        (g)  Consent given by a patient or by a person authorized by
   8-18  law to consent to treatment on the patient's behalf applies to a
   8-19  series of doses of medication or to multiple treatments for which
   8-20  consent was previously granted.   If the treating physician obtains
   8-21  new information relating to a medication, therapy, or treatment for
   8-22  which consent was previously obtained, the physician must explain
   8-23  the new information and obtain new consent.
   8-24        SECTION 1.09.  Subchapter B, Chapter 576, Health and Safety
   8-25  Code, is amended by adding Section 576.026 to read as follows:
   8-26        Sec. 576.026.  INDEPENDENT EVALUATION.  (a)  A patient
   8-27  receiving inpatient mental health services under this subtitle is
    9-1  entitled to obtain at the patient's cost an independent
    9-2  psychiatric, psychological, or medical examination or evaluation by
    9-3  a psychiatrist, physician, or nonphysician mental health
    9-4  professional chosen by the patient.  The facility administrator
    9-5  shall allow the patient to obtain the examination or evaluation at
    9-6  any reasonable time.
    9-7        (b)  If the patient is a minor, the minor and the minor's
    9-8  parent, legal guardian, or managing or possessory conservator is
    9-9  entitled to obtain the examination or evaluation.  The cost of the
   9-10  examination or evaluation shall be billed to the person responsible
   9-11  for payment of the minor's treatment as a cost of treatment.
   9-12        SECTION 1.10.  Subchapter B, Chapter 576, Health and Safety
   9-13  Code, is amended by adding Section 576.027 to read as follows:
   9-14        Sec. 576.027.  LIST OF MEDICATIONS.  (a)  The facility
   9-15  administrator of an inpatient mental health facility shall provide
   9-16  to a patient, a person designated by the patient, and the patient's
   9-17  legal guardian or managing conservator, if any, a list of the
   9-18  medications prescribed for administration to the patient while the
   9-19  patient is in the facility.  The list must include for each
   9-20  medication:
   9-21              (1)  the name of the medication;
   9-22              (2)  the dosage and schedule prescribed for the
   9-23  administration of the medication; and
   9-24              (3)  the name of the physician who prescribed the
   9-25  medication.
   9-26        (b)  The list must be provided within four hours after the
   9-27  facility administrator receives a written request for the list from
   10-1  the patient, a person designated by the patient, or the patient's
   10-2  legal guardian or managing conservator and on the discharge of the
   10-3  patient.  If sufficient time to prepare the list before discharge
   10-4  is not available, the list may be mailed within 24 hours after
   10-5  discharge to the patient, a person designated by the patient, and
   10-6  the patient's legal guardian or managing conservator.
   10-7        (c)  A patient or the patient's legal guardian or managing
   10-8  conservator, if any, may waive the right of any person to receive
   10-9  the list of medications while the patient is participating in a
  10-10  research project if release of the list would jeopardize the
  10-11  results of the project.
  10-12        SECTION 1.11.  Section 611.002(b), Health and Safety Code, is
  10-13  amended to read as follows:
  10-14        (b)  Confidential communications or records may not be
  10-15  disclosed except as provided by Section 611.004 or 611.0045.
  10-16        SECTION 1.12.  Chapter 611, Health and Safety Code, is
  10-17  amended by adding Section 611.0045 to read as follows:
  10-18        Sec. 611.0045.  RIGHT TO MENTAL HEALTH RECORD.  (a)  Except
  10-19  as otherwise provided by this section, a patient is entitled to
  10-20  have access to the content of a confidential record made about the
  10-21  patient.
  10-22        (b)  The professional responsible for supervising the
  10-23  patient's care may deny access to any portion of a record if the
  10-24  professional determines that release of that portion would be
  10-25  harmful to the patient's physical, mental, or emotional health.
  10-26        (c)  If the professional denies access to any portion of a
  10-27  record, the professional shall give the patient a signed and dated
   11-1  written statement that having access to the record would be harmful
   11-2  to the patient's physical, mental, or emotional health and shall
   11-3  include a copy of the written statement in the patient's records.
   11-4  The statement must specify the portion of the record to which
   11-5  access is denied, the reason for denial, and the duration of the
   11-6  denial.
   11-7        (d)  The professional who denies access to a portion of a
   11-8  record under this section shall redetermine the necessity for the
   11-9  denial at least monthly and at each time a request for the denied
  11-10  portion is made.  If the professional again denies access, the
  11-11  professional shall notify the patient of the denial and document
  11-12  the denial as prescribed by Subsection (c).
  11-13        (e)  If a professional denies access to a portion of a
  11-14  confidential record, the professional shall allow examination and
  11-15  copying of the record by another professional if the patient
  11-16  selects the professional to treat the patient for the same or a
  11-17  related condition as the professional denying access.
  11-18        (f)  The content of a confidential record shall be made
  11-19  available to a person listed by Section 611.004(a)(4) or (a)(5) who
  11-20  is acting on the patient's behalf.
  11-21        (g)  A professional shall delete confidential information
  11-22  about another person who has not consented to the release, but may
  11-23  not delete information relating to the patient that another person
  11-24  has provided, the identity of the person responsible for that
  11-25  information, or the identity of any person who provided information
  11-26  that resulted in the patient's commitment, admission, or treatment.
  11-27        (h)  If a summary or narrative of a confidential record is
   12-1  requested by the patient or other person requesting release under
   12-2  this section, the professional shall prepare the summary or
   12-3  narrative.
   12-4        (i)  The professional or other entity that has possession or
   12-5  control of the record shall grant access to any portion of the
   12-6  record to which access is not specifically denied under this
   12-7  section within a reasonable time and may charge a reasonable fee.
   12-8        (j)  Notwithstanding Section 5.08, Medical Practice Act
   12-9  (Article 4495b, Vernon's Texas Civil Statutes), this section
  12-10  applies to the release of a confidential record created or
  12-11  maintained by a professional, including a physician, that relates
  12-12  to the diagnosis, evaluation, or treatment of a mental or emotional
  12-13  condition or disorder, including alcoholism or drug addiction.
  12-14        SECTION 1.13.  Section 611.005, Health and Safety Code, is
  12-15  amended to read as follows:
  12-16        Sec. 611.005.  LEGAL REMEDIES FOR IMPROPER DISCLOSURE OR
  12-17  FAILURE TO DISCLOSE.  (a)  A person aggrieved by the improper
  12-18  disclosure of or failure to disclose confidential communications or
  12-19  records in <a> violation of this chapter may petition the district
  12-20  court of the county in which the person resides for appropriate
  12-21  <injunctive> relief, including injunctive relief.  The person may
  12-22  petition a district court of Travis County if the person is not a
  12-23  resident of this state.
  12-24        (b)  In a suit contesting the denial of access under Section
  12-25  611.0045, the burden of proving that the denial was proper is on
  12-26  the professional who denied the access.
  12-27        (c)  The aggrieved person also has a civil cause of action
   13-1  for damages.
   13-2        SECTION 1.14.  Subchapter A, Chapter 462, Health and Safety
   13-3  Code, is amended by adding Section 462.009 to read as follows:
   13-4        Sec. 462.009.  CONSENT TO TREATMENT.  (a)  A patient
   13-5  receiving treatment in a treatment facility is entitled to refuse a
   13-6  medication, therapy, or treatment unless:
   13-7              (1)  the patient is younger than 16 years of age and
   13-8  the patient's parent, managing conservator, or guardian consents to
   13-9  the medication, therapy, or treatment on behalf of the patient;
  13-10              (2)  the patient has been adjudicated to be incompetent
  13-11  to manage the patient's personal affairs or to make a decision to
  13-12  refuse the medication, therapy, or treatment and the patient's
  13-13  guardian of the person or another person legally authorized to
  13-14  consent to medical treatment consents to the medication, therapy,
  13-15  or treatment on behalf of the patient; or
  13-16              (3)  a physician treating the patient determines that
  13-17  the medication is necessary to prevent imminent serious physical
  13-18  harm to the patient or to another individual and the physician
  13-19  issues a written order, or a verbal order, if authenticated in
  13-20  writing by the physician within 24 hours, to administer the
  13-21  medication to the patient.
  13-22        (b)  The decision of a guardian or of a person legally
  13-23  authorized to consent to medical treatment on the patient's behalf
  13-24  under Subsection (a)(2) must be based on knowledge of what the
  13-25  patient would desire, if known.
  13-26        (c)  A patient's refusal to receive medication, therapy, or
  13-27  treatment under Subsection (a), or a patient's attempt to refuse if
   14-1  the patient's right to refuse is limited by that subsection, shall
   14-2  be documented in the patient's clinical record together with the
   14-3  patient's expressed reason for refusal.
   14-4        (d)  If a physician orders a medication to be administered to
   14-5  a patient under Subsection (a)(3), the physician shall document in
   14-6  the patient's clinical record in specific medical and behavioral
   14-7  terms the reasons for the physician's determination of the
   14-8  necessity of the order.
   14-9        (e)  Consent given by a patient or by a person authorized by
  14-10  law to consent to treatment on the patient's behalf for the
  14-11  administration of a medication, therapy, or treatment is valid only
  14-12  if:
  14-13              (1)  the consent is given voluntarily and without
  14-14  coercive or undue influence;
  14-15              (2)  before administration of the medication, therapy,
  14-16  or treatment, the treating physician explains to the patient and to
  14-17  the person giving consent, in simple, nontechnical language:
  14-18                    (A)  the specific condition to be treated;
  14-19                    (B)  the beneficial effects on that condition
  14-20  expected from the medication, therapy, or treatment;
  14-21                    (C)  the probable health and mental health
  14-22  consequences of not consenting to the medication, therapy, or
  14-23  treatment;
  14-24                    (D)  the side effects and risks associated with
  14-25  the medication, therapy, or treatment;
  14-26                    (E)  the generally accepted alternatives to the
  14-27  medication, therapy, or treatment, if any, and whether an
   15-1  alternative might be appropriate for the patient; and
   15-2                    (F)  the proposed course of the medication,
   15-3  therapy, or treatment; and
   15-4              (3)  the informed consent is evidenced in the patient's
   15-5  clinical record by a signed form prescribed by the commission for
   15-6  this purpose or by a statement of the treating physician that
   15-7  documents that consent was given by the appropriate person and the
   15-8  circumstances under which the consent was obtained.
   15-9        (f)  A person who consents to the administration of a
  15-10  medication, therapy, or treatment may revoke the consent at any
  15-11  time and for any reason.  Revocation of consent is effective
  15-12  immediately and further medication, therapy, or treatment may not
  15-13  be administered unless new consent is obtained in accordance with
  15-14  this section.
  15-15        (g)  Consent given by a patient or by a person authorized by
  15-16  law to consent to treatment on the patient's behalf applies to a
  15-17  series of doses of medication or to multiple treatments for which
  15-18  consent was previously granted.   If the treating physician obtains
  15-19  new information relating to a medication, therapy, or treatment for
  15-20  which consent was previously obtained, the physician must explain
  15-21  the new information and obtain new consent.
  15-22        SECTION 1.15.  Section 462.024, Health and Safety Code, is
  15-23  amended to read as follows:
  15-24        Sec. 462.024.  APPLICATION FOR COURT-ORDERED TREATMENT DURING
  15-25  VOLUNTARY INPATIENT CARE.  (a)  An application for court-ordered
  15-26  treatment may not be filed against a patient receiving voluntary
  15-27  care under this subchapter unless:
   16-1              (1)  a request for release of the patient has been
   16-2  filed; or
   16-3              (2)  in the <facility administrator's> opinion of the
   16-4  physician responsible for the patient's treatment, the patient
   16-5  meets the criteria for court-ordered treatment and:
   16-6                    (A)  is absent from the facility without
   16-7  authorization; <or>
   16-8                    (B)  <refuses or> is unable to consent to
   16-9  appropriate and necessary treatment; or
  16-10                    (C)  refuses to consent to necessary and
  16-11  appropriate treatment recommended by the physician responsible for
  16-12  the patient's treatment and that physician completes a certificate
  16-13  of medical examination for chemical dependency that, in addition to
  16-14  the information required by Section 462.064, includes the opinion
  16-15  of the physician that:
  16-16                          (i)  there is no reasonable alternative to
  16-17  the treatment recommended by the physician; and
  16-18                          (ii)  the patient will not benefit from
  16-19  continued inpatient care without the recommended treatment.
  16-20        (b)  The physician responsible for the patient's treatment
  16-21  shall notify the patient if the physician intends to file an
  16-22  application for court-ordered treatment.
  16-23        SECTION 1.16.  (a)  Not later than October 31, 1993, the
  16-24  Texas Board of Mental Health and Mental Retardation shall appoint
  16-25  an advisory task force on prescription medications composed of at
  16-26  least the following persons:
  16-27              (1)  one licensed psychiatrist;
   17-1              (2)  one licensed psychologist;
   17-2              (3)  one certified social worker;
   17-3              (4)  one licensed professional counselor;
   17-4              (5)  one licensed chemical dependency counselor;
   17-5              (6)  two persons who have received mental health
   17-6  services, either voluntarily or involuntarily, during the two years
   17-7  preceding the date of the person's appointment; and
   17-8              (7)  one member from each of two private associations
   17-9  of persons who advocate on the behalf of or in the interest of
  17-10  persons with mental illness.
  17-11        (b)  The board may appoint additional members as it considers
  17-12  appropriate.
  17-13        (c)  The advisory task force shall designate one member to
  17-14  serve as presiding officer.
  17-15        (d)  The advisory task force shall recommend to the Texas
  17-16  Board of Mental Health and Mental Retardation information
  17-17  concerning different types of prescription medications that shall
  17-18  be provided to each person who may receive prescription medication
  17-19  while receiving inpatient mental health services.  The task force
  17-20  shall make its recommendations not later than February 1, 1994.
  17-21        (e)  The advisory task force may conduct public hearings on
  17-22  desirable information to be provided to a person who may receive
  17-23  prescription medication.
  17-24        (f)  Members of the advisory task force receive no
  17-25  compensation but are entitled to reimbursement for reasonable
  17-26  expenses incurred in performing official duties in accordance with
  17-27  the General Appropriations Act.
   18-1        (g)  In adopting rules under Section 571.0065, Health and
   18-2  Safety Code, as added by this Act, the Texas Board of Mental Health
   18-3  and Mental Retardation shall consider the recommendations of the
   18-4  advisory task force on prescription medications appointed under
   18-5  this section.  The board shall adopt rules under Section 571.0065,
   18-6  Health and Safety Code, not later than May 1, 1994.
   18-7        SECTION 1.17.  (a)  The changes in law made by this article
   18-8  apply only to consent for the administration of a medication,
   18-9  therapy, or treatment to a person that is given on or after the
  18-10  effective date of this article.
  18-11        (b)  Valid consent for the administration of a medication,
  18-12  therapy, or treatment to a person that is given before the
  18-13  effective date of this article remains valid and continues in
  18-14  effect until consent is withdrawn by the person who gave consent or
  18-15  by a person who is entitled to refuse the medication, therapy, or
  18-16  treatment.
  18-17                               ARTICLE 2
  18-18        SECTION 2.01.  Sections 311.002(d)-(f), Health and Safety
  18-19  Code, are amended to read as follows:
  18-20        (d)  A hospital shall provide an itemized statement of billed
  18-21  services to a third party payor who is actually or potentially
  18-22  responsible for paying all or part of the billed services provided
  18-23  to a patient and who has received a claim for payment of those
  18-24  services.  To be entitled to receive a statement, the third party
  18-25  payor must request the statement from the hospital and must have
  18-26  received a claim for payment.  The request must be made not later
  18-27  than one year after the date on which the payor received the claim
   19-1  for payment.  The hospital shall provide the statement to the payor
   19-2  not later than the 10th day after the date on which the payor
   19-3  requests the statement.  If a third party payor receives a claim
   19-4  for payment of part but not all of the billed services, the third
   19-5  party payor may request an itemized statement of only the billed
   19-6  services for which payment is claimed or to which any deduction or
   19-7  copayment applies.
   19-8        (e)  If a person, including a third party payor, requests
   19-9  more than two copies of the statement, the hospital may charge a
  19-10  reasonable fee for the third and subsequent copies provided to that
  19-11  person.  The fee may not exceed the hospital's cost to copy,
  19-12  process, and deliver the copy to the person.
  19-13        (f) <(e)>  The Texas Department of Health or other
  19-14  appropriate licensing agency may enforce this section by injunction
  19-15  or by any other appropriate remedy, including suspending, revoking,
  19-16  or refusing to renew a hospital's license.
  19-17        (g)  In this section, "hospital" includes:
  19-18              (1)  a treatment facility licensed under Chapter 464;
  19-19  and
  19-20              (2)  a mental health facility licensed under Chapter
  19-21  577.
  19-22        (h) <(f)>  This section does not apply to a hospital
  19-23  maintained or operated by the federal government.
  19-24        SECTION 2.02.  Subchapter A, Chapter 311, Health and Safety
  19-25  Code, is amended by adding Section 311.0025 to read as follows:
  19-26        Sec. 311.0025.  AUDITS OF BILLING.  (a)  A hospital,
  19-27  treatment facility, mental health facility, or health care
   20-1  professional may not submit to a patient or a third party payor a
   20-2  bill for a treatment that the hospital, facility, or professional
   20-3  knows was not provided or that was improper, unreasonable, or
   20-4  medically or clinically unnecessary.
   20-5        (b)  If the appropriate licensing agency receives a complaint
   20-6  alleging a violation of Subsection (a), the agency may audit the
   20-7  billings and patient records of the hospital, treatment facility,
   20-8  mental health facility, or health care professional.
   20-9        (c)  A hospital, treatment facility, mental health facility,
  20-10  or health care professional that violates Subsection (a) is subject
  20-11  to disciplinary action, including denial, revocation, suspension,
  20-12  or nonrenewal of the license of the hospital, facility, or
  20-13  professional.  Disciplinary action taken under this section is in
  20-14  addition to any other civil, administrative, or criminal penalty
  20-15  provided by law.
  20-16        (d)  A health care professional may not order or direct a
  20-17  hospital, treatment facility, or mental health facility to provide
  20-18  treatment that the professional knows is improper, unreasonable, or
  20-19  medically or clinically unnecessary.  If a hospital or facility is
  20-20  denied reimbursement for treatment because a health care
  20-21  professional orders or directs treatment in violation of this
  20-22  subsection, the professional shall reimburse the hospital or
  20-23  facility for the treatment not later than the 30th day after the
  20-24  date on which the professional receives a final determination of
  20-25  violation.
  20-26        (e)  Each health care regulatory agency by rule shall
  20-27  prescribe what constitutes "improper, unreasonable, or medically or
   21-1  clinically unnecessary" treatment.
   21-2        (f)  In this section:
   21-3              (1)  "Health care professional" means an individual
   21-4  licensed, certified, or regulated by a health care regulatory
   21-5  agency who is eligible for reimbursement for treatment ordered or
   21-6  rendered by that professional.
   21-7              (2)  "Hospital" means a hospital licensed under Chapter
   21-8  241.
   21-9              (3)  "Mental health facility" means a mental health
  21-10  facility licensed under Chapter 577.
  21-11              (4)  "Treatment facility" means a treatment facility
  21-12  licensed under Chapter 464.
  21-13                               ARTICLE 3
  21-14        SECTION 3.01.  Except as otherwise provided by this Act, this
  21-15  Act takes effect immediately.
  21-16        SECTION 3.02.  The importance of this legislation and the
  21-17  crowded condition of the calendars in both houses create an
  21-18  emergency and an imperative public necessity that the
  21-19  constitutional rule requiring bills to be read on three several
  21-20  days in each house be suspended, and this rule is hereby suspended,
  21-21  and that this Act take effect and be in force according to its
  21-22  terms, and it is so enacted.