1-1  By:  Harris of Tarrant, Moncrief, Zaffirini            S.B. No. 207
    1-2        (In the Senate - Filed January 29, 1993; February 1, 1993,
    1-3  read first time and referred to Committee on Health and Human
    1-4  Services; March 19, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 7, Nays 0;
    1-6  March 19, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla                                          x   
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson                                      x   
   1-15        Shelley            x                               
   1-16        Truan              x                               
   1-17        Wentworth          x                               
   1-18  COMMITTEE SUBSTITUTE FOR S.B. No. 207                 By:  Moncrief
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the regulation of the provision of mental health and
   1-22  chemical dependency services and of billing for health services.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24                               ARTICLE 1
   1-25        SECTION 1.01.  Chapter 571, Health and Safety Code, is
   1-26  amended by adding Section 571.0065 to read as follows:
   1-27        Sec. 571.0065.  PRESCRIPTION MEDICATION INFORMATION.
   1-28  (a)  The board by rule shall require a mental health facility that
   1-29  admits a patient under this subtitle to provide to the patient in
   1-30  the patient's primary language, if possible, information relating
   1-31  to prescription medications ordered by the patient's treating
   1-32  physician.
   1-33        (b)  At a minimum, the required information must:
   1-34              (1)  identify the major types of prescription
   1-35  medications; and
   1-36              (2)  specify for each major type:
   1-37                    (A)  the conditions the medications are commonly
   1-38  used to treat;
   1-39                    (B)  the beneficial effects on those conditions
   1-40  generally expected from the medications;
   1-41                    (C)  side effects and risks associated with the
   1-42  medications;
   1-43                    (D)  commonly used examples of medications of the
   1-44  major type; and
   1-45                    (E)  sources of detailed information concerning a
   1-46  particular medication.
   1-47        (c)  The facility shall also provide the information to the
   1-48  patient's family on request, but only to the extent not otherwise
   1-49  prohibited by state or federal confidentiality laws.
   1-50        SECTION 1.02.  Subsection (b), Section 572.003, Health and
   1-51  Safety Code, is amended to read as follows:
   1-52        (b)  In addition to the rights provided by this subtitle
   1-53  <Sections 572.004, 576.001, 576.006, 576.007, 576.008, 576.009, and
   1-54  576.021>, a person voluntarily admitted to an inpatient mental
   1-55  health facility under this chapter has the right:
   1-56              (1)  to be reviewed periodically to determine the
   1-57  person's need for continued inpatient treatment; and
   1-58              (2)  to have an application for court-ordered mental
   1-59  health services filed only as provided by Section 572.005.
   1-60        SECTION 1.03.  (a)  Chapter 572, Health and Safety Code, is
   1-61  amended by adding Section 572.0022 to read as follows:
   1-62        Sec. 572.0022.  INFORMATION ON MEDICATIONS.  (a)  A mental
   1-63  health facility shall provide to a patient in the patient's primary
   1-64  language, if possible, and in accordance with rules adopted under
   1-65  Section 571.0065 information relating to prescription medication
   1-66  ordered by the patient's treating physician.
   1-67        (b)  The facility shall also provide the information to the
   1-68  patient's family on request, but only to the extent not otherwise
    2-1  prohibited by state or federal confidentiality laws.
    2-2        (b)  This section takes effect May 1, 1994.
    2-3        SECTION 1.04.  Section 572.005, Health and Safety Code, is
    2-4  amended to read as follows:
    2-5        Sec. 572.005.  APPLICATION FOR COURT-ORDERED TREATMENT.
    2-6  (a)  An application for court-ordered mental health services may
    2-7  not be filed against a patient receiving voluntary inpatient
    2-8  services unless:
    2-9              (1)  a request for release of the patient has been
   2-10  filed with the facility administrator; or
   2-11              (2)  in the <facility administrator's> opinion of the
   2-12  physician responsible for the patient's treatment, the patient
   2-13  meets the criteria for court-ordered mental health services and:
   2-14                    (A)  is absent from the facility without
   2-15  authorization; <or>
   2-16                    (B)  <refuses or> is unable to consent to
   2-17  appropriate and necessary psychiatric treatment; or
   2-18                    (C)  refuses to consent to necessary and
   2-19  appropriate treatment recommended by the physician responsible for
   2-20  the patient's treatment and that physician completes a certificate
   2-21  of medical examination for mental illness that, in addition to the
   2-22  information required by Section 574.011, includes the opinion of
   2-23  the physician that:
   2-24                          (i)  there is no reasonable alternative to
   2-25  the treatment recommended by the physician; and
   2-26                          (ii)  the patient will not benefit from
   2-27  continued inpatient care without the recommended treatment.
   2-28        (b)  The physician responsible for the patient's treatment
   2-29  shall notify the patient if the physician intends to file an
   2-30  application for court-ordered mental health services.
   2-31        SECTION 1.05.  (a)  Subchapter D, Chapter 574, Health and
   2-32  Safety Code, is amended by adding Section 574.0415 to read as
   2-33  follows:
   2-34        Sec. 574.0415.  INFORMATION ON MEDICATIONS.  (a)  A mental
   2-35  health facility shall provide to a patient in the patient's primary
   2-36  language, if possible, and in accordance with rules adopted under
   2-37  Section 571.0065 information relating to prescription medication
   2-38  ordered by the patient's treating physician.
   2-39        (b)  The facility shall also provide the information to the
   2-40  patient's family on request, but only to the extent not otherwise
   2-41  prohibited by state or federal confidentiality laws.
   2-42        (b)  This section takes effect May 1, 1994.
   2-43        SECTION 1.06.  Section 576.006, Health and Safety Code, is
   2-44  amended to read as follows:
   2-45        Sec. 576.006.  RIGHTS SUBJECT TO LIMITATION <BY FACILITY
   2-46  ADMINISTRATOR>.  (a)  A patient in an inpatient mental health
   2-47  facility has the right to:
   2-48              (1)  receive visitors;
   2-49              (2)  communicate with a person outside the facility by
   2-50  telephone and by uncensored and sealed mail; and
   2-51              (3)  communicate by telephone and by uncensored and
   2-52  sealed mail with legal counsel, the department, the courts, and the
   2-53  state attorney general.
   2-54        (b)  The rights provided in Subsection (a) are subject to the
   2-55  general rules of the facility.  The physician ultimately
   2-56  responsible for the patient's treatment <facility administrator>
   2-57  may also restrict a right only to the extent <the facility
   2-58  administrator determines> that the restriction is necessary to the
   2-59  patient's welfare or to protect another person but may not restrict
   2-60  the right to communicate with legal counsel, the department, the
   2-61  courts, or the state attorney general <if an attorney-client
   2-62  relationship has been established>.
   2-63        (c)  If a <A> restriction is imposed under this section, the
   2-64  physician ultimately responsible for the patient's treatment shall
   2-65  document the clinical <by the facility administrator for the
   2-66  patient's welfare and the> reasons for the restriction and the
   2-67  duration of the restriction in <shall be made a part of> the
   2-68  patient's clinical record.  That physician shall inform the patient
   2-69  and, if appropriate, the patient's parent, managing conservator, or
   2-70  guardian of the clinical reasons for the restriction and the
    3-1  duration of the restriction.
    3-2        SECTION 1.07.  Section 576.009, Health and Safety Code, is
    3-3  amended to read as follows:
    3-4        Sec. 576.009.  NOTIFICATION OF RIGHTS.  A patient receiving
    3-5  involuntary inpatient mental health services shall be informed of
    3-6  the rights provided by this subtitle <in Sections 576.001, 576.006,
    3-7  576.007, 576.008, and 576.021>:
    3-8              (1)  orally, in simple, nontechnical terms, and in
    3-9  writing that, if possible, is in the person's primary language; or
   3-10              (2)  through the use of a means reasonably calculated
   3-11  to communicate with a hearing impaired or visually impaired person,
   3-12  if applicable.
   3-13        SECTION 1.08.  Chapter 574, Health and Safety Code, is
   3-14  amended by adding Subchapter G to read as follows:
   3-15              SUBCHAPTER G.  ADMINISTRATION OF MEDICATION
   3-16      TO PATIENT UNDER ORDER FOR INPATIENT MENTAL HEALTH SERVICES
   3-17        Sec. 574.101.  DEFINITIONS.  In this subchapter:
   3-18              (1)  "Capacity" means a patient's ability to:
   3-19                    (A)  understand the nature and consequences of a
   3-20  proposed treatment, including the benefits, risks, and alternatives
   3-21  to the proposed treatment; and
   3-22                    (B)  make a decision whether to undergo the
   3-23  proposed treatment.
   3-24              (2)  "Medication-related emergency" means a situation
   3-25  in which it is immediately necessary to administer medication to a
   3-26  patient to prevent:
   3-27                    (A)  imminent probable death or substantial
   3-28  bodily harm to the patient because the patient:
   3-29                          (i)  overtly or continually is threatening
   3-30  or attempting to commit suicide or serious bodily harm; or
   3-31                          (ii)  is behaving in a manner that
   3-32  indicates that the patient is unable to satisfy the patient's need
   3-33  for nourishment, essential medical care, or self-protection; or
   3-34                    (B)  imminent physical or emotional harm to
   3-35  another because of threats, attempts, or other acts the patient
   3-36  overtly or continually makes or commits.
   3-37              (3)  "Psychoactive medication" means a medication
   3-38  prescribed for the treatment of symptoms of psychosis or other
   3-39  severe mental or emotional disorders and that is used to exercise
   3-40  an effect on the central nervous system to influence and modify
   3-41  behavior, cognition, or affective state when treating the symptoms
   3-42  of mental illness.  "Psychoactive medication" includes the
   3-43  following categories when used as described in this subdivision:
   3-44                    (A)  antipsychotics or neuroleptics;
   3-45                    (B)  antidepressants;
   3-46                    (C)  agents for control of mania or depression;
   3-47                    (D)  antianxiety agents;
   3-48                    (E)  sedatives, hypnotics, or other
   3-49  sleep-promoting drugs; and
   3-50                    (F)  psychomotor stimulants.
   3-51        Sec. 574.102.  APPLICATION OF SUBCHAPTER.  This subchapter
   3-52  applies only to the application of medication to a patient subject
   3-53  to an order for inpatient mental health services under Section
   3-54  574.034 or 574.035 who is receiving those services in a mental
   3-55  health facility operated or funded by the department.
   3-56        Sec. 574.103.  ADMINISTRATION OF MEDICATION TO PATIENT UNDER
   3-57  COURT-ORDERED MENTAL HEALTH SERVICES.  A person may not administer
   3-58  a psychoactive medication to a patient who refuses to take the
   3-59  medication voluntarily unless:
   3-60              (1)  the patient is having a medication-related
   3-61  emergency; or
   3-62              (2)  the patient is under an order issued under Section
   3-63  574.106 authorizing the administration of the medication regardless
   3-64  of the patient's refusal.
   3-65        Sec. 574.104.  PHYSICIAN'S PETITION FOR ORDER TO COMPEL
   3-66  PSYCHOACTIVE MEDICATION; DATE OF HEARING.  (a)  A physician who is
   3-67  treating a patient may petition a probate court or a court with
   3-68  probate jurisdiction for an order to authorize the administration
   3-69  of a psychoactive medication regardless of the patient's refusal
   3-70  if:
    4-1              (1)  the physician believes that the patient lacks the
    4-2  capacity to make a decision regarding the administration of the
    4-3  psychoactive medication;
    4-4              (2)  the physician determines that the medication is
    4-5  the proper course of treatment for the patient; and
    4-6              (3)  the patient is under an order for temporary or
    4-7  extended mental health services under Section 574.034 or 574.035
    4-8  and the patient, verbally or by other indication, refuses to take
    4-9  the medication voluntarily.
   4-10        (b)  A petition filed under this section must state:
   4-11              (1)  that the physician believes that the patient lacks
   4-12  the capacity to make a decision regarding administration of the
   4-13  psychoactive medication and the reasons for that belief;
   4-14              (2)  each medication the physician wants the court to
   4-15  compel the patient to take;
   4-16              (3)  whether the current order for inpatient mental
   4-17  health services for the patient was issued under Section 574.034 or
   4-18  under Section 574.035; and
   4-19              (4)  the physician's diagnosis of the patient.
   4-20        (c)  A petition filed under this section is separate from an
   4-21  application for court-ordered mental health services.
   4-22        (d)  The court with which a petition is filed under this
   4-23  section shall set a hearing on the petition to be held not later
   4-24  than the seventh day after the date the petition is filed.  The
   4-25  hearing on the petition may be held on the date of a hearing on an
   4-26  application for court-ordered extended mental health services under
   4-27  Section 574.035.  The hearing on the petition may not be held on
   4-28  the date of a hearing on an application for court-ordered temporary
   4-29  mental health services under Section 574.034 unless the patient and
   4-30  the patient's attorney agree in writing to have the hearing on that
   4-31  date.
   4-32        (e)  The court may grant one continuance on a party's motion
   4-33  and for good cause shown.  The court may grant more than one
   4-34  continuance only with the agreement of the parties.
   4-35        Sec. 574.105.  RIGHTS OF PATIENT.  A patient for whom a
   4-36  petition for an order to authorize the administration of a
   4-37  psychoactive medication is filed is entitled to:
   4-38              (1)  representation by a court-appointed attorney who
   4-39  is knowledgeable about issues to be adjudicated at the hearing;
   4-40              (2)  meet with that attorney as soon as is practicable
   4-41  to prepare for the hearing and to discuss any of the patient's
   4-42  questions or concerns;
   4-43              (3)  receive, immediately after the time of the hearing
   4-44  is set, a copy of the petition and written notice of the time,
   4-45  place, and date of the hearing;
   4-46              (4)  be told, at the time personal notice of the
   4-47  hearing is given, of the patient's right to a hearing and right to
   4-48  the assistance of an attorney to prepare for the hearing and to
   4-49  answer any questions or concerns;
   4-50              (5)  be present at the hearing;
   4-51              (6)  request from the court an independent expert; and
   4-52              (7)  oral notification, at the conclusion of the
   4-53  hearing, of the court's determinations of the patient's capacity
   4-54  and best interests.
   4-55        Sec. 574.106.  HEARING ON PATIENT'S CAPACITY AND ORDER
   4-56  AUTHORIZING PSYCHOACTIVE MEDICATION.  (a)  The court may issue an
   4-57  order authorizing the administration of one or more classes of
   4-58  psychoactive medication only if the court finds by clear and
   4-59  convincing evidence after the hearing that:
   4-60              (1)  the patient lacks the capacity to make a decision
   4-61  regarding the administration of the proposed medication; and
   4-62              (2)  treatment with the proposed medication is in the
   4-63  best interest of the patient.
   4-64        (b)  In making its findings, the court shall consider:
   4-65              (1)  the patient's expressed preferences regarding
   4-66  treatment with psychoactive medication;
   4-67              (2)  the patient's religious beliefs;
   4-68              (3)  the risks and benefits, from the perspective of
   4-69  the patient, of taking psychoactive medication;
   4-70              (4)  the consequences to the patient if the
    5-1  psychoactive medication is not administered;
    5-2              (5)  the prognosis for the patient if the patient is
    5-3  treated with psychoactive medication; and
    5-4              (6)  alternatives to treatment with psychoactive
    5-5  medication.
    5-6        (c)  A hearing under this subchapter shall be conducted by
    5-7  the probate judge or judge with probate jurisdiction, except as
    5-8  provided by Subsection (d).
    5-9        (d)  A judge may refer a hearing to a magistrate or
   5-10  court-appointed master who has training regarding psychoactive
   5-11  medications.
   5-12        (e)  A party is entitled to a hearing by the judge if an
   5-13  appeal of the magistrate's or master's report is filed with the
   5-14  court within three days after the report is issued.
   5-15        (f)  If a hearing or an appeal of a master's or magistrate's
   5-16  report is to be held in a county court in which the judge is not a
   5-17  licensed attorney, the proposed patient or the proposed patient's
   5-18  attorney may request that the proceeding be transferred to a court
   5-19  with a judge who is licensed to practice law in this state.  The
   5-20  county judge shall transfer the case after receiving the request,
   5-21  and the receiving court shall hear the case as if it had been
   5-22  originally filed in that court.
   5-23        (g)  As soon as practicable after the conclusion of the
   5-24  hearing, the patient is entitled to have provided to the patient
   5-25  and the patient's attorney written notification of the court's
   5-26  determinations under this section.  The notification shall include
   5-27  a statement of the evidence on which the court relied and the
   5-28  reasons for the court's determinations.
   5-29        (h)  An order entered under this section shall authorize the
   5-30  administration to a patient, regardless of the patient's refusal,
   5-31  of one or more classes of psychoactive medications specified in the
   5-32  petition and consistent with the patient's diagnosis.  The order
   5-33  shall permit an increase or decrease in a medication's dosage,
   5-34  restitution of medication authorized but discontinued during the
   5-35  period the order is valid, or the substitution of a medication
   5-36  within the same class.
   5-37        (i)  The classes of psychoactive medications in the order
   5-38  must conform to classes determined by the department.
   5-39        (j)  An order issued under this section may be reauthorized
   5-40  or modified on the petition of a party.  The order remains in
   5-41  effect pending action on a petition for reauthorization or
   5-42  modification.  For the purpose of this subsection, "modification"
   5-43  means a change of a class of medication authorized in the order.
   5-44        Sec. 574.107.  APPEAL.  (a)  A patient may appeal an order
   5-45  under this subchapter in the manner provided by Section 574.070 for
   5-46  an appeal of an order requiring court-ordered mental health
   5-47  services.
   5-48        (b)  An order authorizing the administration of medication
   5-49  regardless of the refusal of the patient is effective pending an
   5-50  appeal of the order.
   5-51        Sec. 574.108.  EFFECT OF ORDER.  (a)  A person's consent to
   5-52  take a psychoactive medication is not valid and may not be relied
   5-53  on if the person is subject to an order issued under Section
   5-54  574.106.
   5-55        (b)  The issuance of an order under Section 574.106 is not a
   5-56  determination or adjudication of mental incompetency and does not
   5-57  limit in any other respect that person's rights as a citizen or the
   5-58  person's property rights or legal capacity.
   5-59        Sec. 574.109.  EXPIRATION AND REVIEW OF ORDER.  (a)  The
   5-60  court annually shall review an order issued under Section 574.106.
   5-61        (b)  An order issued under Section 574.106 expires on the
   5-62  expiration or termination date of the order for temporary or
   5-63  extended mental health services in effect when the order for
   5-64  psychoactive medication is issued.
   5-65        SECTION 1.09.  Subchapter B, Chapter 576, Health and Safety
   5-66  Code, is amended by adding Sections 576.025 and 576.026 to read as
   5-67  follows:
   5-68        Sec. 576.025.  ADMINISTRATION OF PSYCHOACTIVE MEDICATION.
   5-69  (a)  A person may not administer a psychoactive medication to a
   5-70  patient receiving voluntary or involuntary mental health services
    6-1  who does not consent to the administration unless:
    6-2              (1)  the patient is having a medication-related
    6-3  emergency;
    6-4              (2)  the patient is younger than 16 years of age and
    6-5  the patient's parent, managing conservator, or guardian consents to
    6-6  the administration on behalf of the patient;
    6-7              (3)  the patient does not have the capacity to consent
    6-8  and the patient's representative authorized by law to consent on
    6-9  behalf of the patient has consented to the administration; or
   6-10              (4)  the administration of the medication regardless of
   6-11  the patient's refusal is authorized by an order issued under
   6-12  Section 574.106.
   6-13        (b)  Consent to the administration of psychoactive medication
   6-14  given by a patient or by a person authorized by law to consent on
   6-15  behalf of the patient is valid only if:
   6-16              (1)  the consent is given voluntarily and without
   6-17  coercive or undue influence;
   6-18              (2)  the treating physician or a person designated by
   6-19  the physician provided the following information, in a standard
   6-20  format approved by the department, to the patient and, if
   6-21  applicable, to the patient's representative authorized by law to
   6-22  consent on behalf of the patient:
   6-23                    (A)  the specific condition to be treated;
   6-24                    (B)  the beneficial effects on that condition
   6-25  expected from the medication;
   6-26                    (C)  the probable health and mental health
   6-27  consequences of not consenting to the medication;
   6-28                    (D)  the probable clinically significant side
   6-29  effects and risks associated with the medication;
   6-30                    (E)  the generally accepted alternatives to the
   6-31  medication, if any, and why the physician recommends that they be
   6-32  rejected; and
   6-33                    (F)  the proposed course of the medication;
   6-34              (3)  the patient and, if appropriate, the patient's
   6-35  representative authorized by law to consent on behalf of the
   6-36  patient is informed in writing that consent may be revoked; and
   6-37              (4)  the consent is evidenced in the patient's clinical
   6-38  record by a signed form prescribed by the facility or by a
   6-39  statement of the treating physician or a person designated by the
   6-40  physician that documents that consent was given by the appropriate
   6-41  person and the circumstances under which the consent was obtained.
   6-42        (c)  If the treating physician designates another person to
   6-43  provide the information under Subsection (b), then, not later than
   6-44  two working days after that person provides the information,
   6-45  excluding weekends and legal holidays, the physician shall meet
   6-46  with the patient and, if appropriate, the patient's representative
   6-47  who provided the consent, to review the information and answer any
   6-48  questions.
   6-49        (d)  A patient's refusal or attempt to refuse to receive
   6-50  psychoactive medication, whether given verbally or by other
   6-51  indications or means, shall be documented in the patient's clinical
   6-52  record.
   6-53        (e)  In prescribing psychoactive medication, a treating
   6-54  physician shall:
   6-55              (1)  prescribe, consistent with clinically appropriate
   6-56  medical care, the medication that has the fewest side effects or
   6-57  the least potential for adverse side effects, unless the class of
   6-58  medication has been demonstrated or justified not to be effective
   6-59  clinically; and
   6-60              (2)  administer the smallest therapeutically acceptable
   6-61  dosages of medication for the patient's condition.
   6-62        (f)  If a physician issues an order to administer
   6-63  psychoactive medication to a patient without the patient's consent
   6-64  because the patient is having a medication-related emergency:
   6-65              (1)  the physician shall document in the patient's
   6-66  clinical record in specific medical or behavioral terms the
   6-67  necessity of the order and that the physician has evaluated but
   6-68  rejected other generally accepted, less intrusive forms of
   6-69  treatment, if any; and
   6-70              (2)  treatment of the patient with the psychoactive
    7-1  medication shall be provided in the manner, consistent with
    7-2  clinically appropriate medical care, least restrictive of the
    7-3  patient's personal liberty.
    7-4        (g)  In this section, "medication-related emergency" and
    7-5  "psychoactive medication" have the meanings assigned by Section
    7-6  574.101.
    7-7        Sec. 576.026.  INDEPENDENT EVALUATION.  (a)  A patient
    7-8  receiving inpatient mental health services under this subtitle is
    7-9  entitled to obtain at the patient's cost an independent
   7-10  psychiatric, psychological, or medical examination or evaluation by
   7-11  a psychiatrist, physician, or nonphysician mental health
   7-12  professional chosen by the patient.  The facility administrator
   7-13  shall allow the patient to obtain the examination or evaluation at
   7-14  any reasonable time.
   7-15        (b)  If the patient is a minor, the minor and the minor's
   7-16  parent, legal guardian, or managing or possessory conservator is
   7-17  entitled to obtain the examination or evaluation.  The cost of the
   7-18  examination or evaluation shall be billed by the professional who
   7-19  performed the examination or evaluation to the person responsible
   7-20  for payment of the minor's treatment as a cost of treatment.
   7-21        SECTION 1.10.  Subchapter B, Chapter 576, Health and Safety
   7-22  Code, is amended by adding Section 576.027 to read as follows:
   7-23        Sec. 576.027.  LIST OF MEDICATIONS.  (a)  The facility
   7-24  administrator of an inpatient mental health facility shall provide
   7-25  to a patient, a person designated by the patient, and the patient's
   7-26  legal guardian or managing conservator, if any, a list of the
   7-27  medications prescribed for administration to the patient while the
   7-28  patient is in the facility.  The list must include for each
   7-29  medication:
   7-30              (1)  the name of the medication;
   7-31              (2)  the dosage and schedule prescribed for the
   7-32  administration of the medication; and
   7-33              (3)  the name of the physician who prescribed the
   7-34  medication.
   7-35        (b)  The list must be provided within four hours after the
   7-36  facility administrator receives a written request for the list from
   7-37  the patient, a person designated by the patient, or the patient's
   7-38  legal guardian or managing conservator and on the discharge of the
   7-39  patient.  If sufficient time to prepare the list before discharge
   7-40  is not available, the list may be mailed within 24 hours after
   7-41  discharge to the patient, a person designated by the patient, and
   7-42  the patient's legal guardian or managing conservator.
   7-43        (c)  A patient or the patient's legal guardian or managing
   7-44  conservator, if any, may waive the right of any person to receive
   7-45  the list of medications while the patient is participating in a
   7-46  research project if release of the list would jeopardize the
   7-47  results of the project.
   7-48        SECTION 1.11.  Subsection (b), Section 611.002, Health and
   7-49  Safety Code, is amended to read as follows:
   7-50        (b)  Confidential communications or records may not be
   7-51  disclosed except as provided by Section 611.004 or 611.0045.
   7-52        SECTION 1.12.   Chapter 611, Health and Safety Code, is
   7-53  amended by adding Section 611.0045 to read as follows:
   7-54        Sec. 611.0045.  RIGHT TO MENTAL HEALTH RECORD.  (a)  Except
   7-55  as otherwise provided by this section, a patient is entitled to
   7-56  have access to the content of a confidential record made about the
   7-57  patient.
   7-58        (b)  The professional may deny access to any portion of a
   7-59  record if the professional determines that release of that portion
   7-60  would be harmful to the patient's physical, mental, or emotional
   7-61  health.
   7-62        (c)  If the professional denies access to any portion of a
   7-63  record, the professional shall give the patient a signed and dated
   7-64  written statement that having access to the record would be harmful
   7-65  to the patient's physical, mental, or emotional health and shall
   7-66  include a copy of the written statement in the patient's records.
   7-67  The statement must specify the portion of the record to which
   7-68  access is denied, the reason for denial, and the duration of the
   7-69  denial.
   7-70        (d)  The professional who denies access to a portion of a
    8-1  record under this section shall redetermine the necessity for the
    8-2  denial at least quarterly and at each time a request for the denied
    8-3  portion is made.  If the professional again denies access, the
    8-4  professional shall notify the patient of the denial and document
    8-5  the denial as prescribed by Subsection (c).
    8-6        (e)  If a professional denies access to a portion of a
    8-7  confidential record, the professional shall allow examination and
    8-8  copying of the record by another professional if the patient
    8-9  selects the professional to treat the patient for the same or a
   8-10  related condition as the professional denying access.
   8-11        (f)  The content of a confidential record shall be made
   8-12  available to a person listed by Section 611.004(a)(4) or (5) who is
   8-13  acting on the patient's behalf.
   8-14        (g)  A professional shall delete confidential information
   8-15  about another person who has not consented to the release, but may
   8-16  not delete information relating to the patient that another person
   8-17  has provided, the identity of the person responsible for that
   8-18  information, or the identity of any person who provided information
   8-19  that resulted in the patient's commitment, admission, or treatment.
   8-20        (h)  If a summary or narrative of a confidential record is
   8-21  requested by the patient or other person requesting release under
   8-22  this section, the professional shall prepare the summary or
   8-23  narrative.
   8-24        (i)  The professional or other entity that has possession or
   8-25  control of the record shall grant access to any portion of the
   8-26  record to which access is not specifically denied under this
   8-27  section within a reasonable time and may charge a reasonable fee.
   8-28        (j)  Notwithstanding Section 5.08, Medical Practice Act
   8-29  (Article 4495b, Vernon's Texas Civil Statutes), this section
   8-30  applies to the release of a confidential record created or
   8-31  maintained by a professional, including a physician, that relates
   8-32  to the diagnosis, evaluation, or treatment of a mental or emotional
   8-33  condition or disorder, including alcoholism or drug addiction.
   8-34        (k)  The denial of a patient's access to any portion of a
   8-35  record by the professional or other entity that has possession or
   8-36  control of the record suspends, until the release of that portion
   8-37  of the record, the running of an applicable statute of limitations
   8-38  on a cause of action in which evidence relevant to the cause of
   8-39  action is in that portion of the record.
   8-40        SECTION 1.13.  Section 611.005, Health and Safety Code, is
   8-41  amended to read as follows:
   8-42        Sec. 611.005.  LEGAL REMEDIES FOR IMPROPER DISCLOSURE OR
   8-43  FAILURE TO DISCLOSE.  (a)  A person aggrieved by the improper
   8-44  disclosure of or failure to disclose confidential communications or
   8-45  records in <a> violation of this chapter may petition the district
   8-46  court of the county in which the person resides for appropriate
   8-47  <injunctive> relief, including injunctive relief.  The person may
   8-48  petition a district court of Travis County if the person is not a
   8-49  resident of this state.
   8-50        (b)  In a suit contesting the denial of access under Section
   8-51  611.0045, the burden of proving that the denial was proper is on
   8-52  the professional who denied the access.
   8-53        (c)  The aggrieved person also has a civil cause of action
   8-54  for damages.
   8-55        SECTION 1.14.  Subchapter A, Chapter 462, Health and Safety
   8-56  Code, is amended by adding Section 462.009 to read as follows:
   8-57        Sec. 462.009.  CONSENT TO TREATMENT.  (a)  A patient
   8-58  receiving treatment in a treatment facility is entitled to refuse a
   8-59  medication, therapy, or treatment unless:
   8-60              (1)  the patient is younger than 16 years of age and
   8-61  the patient's parent, managing conservator, or guardian consents to
   8-62  the medication, therapy, or treatment on behalf of the patient;
   8-63              (2)  the patient has been adjudicated to be incompetent
   8-64  to manage the patient's personal affairs or to make a decision to
   8-65  refuse the medication, therapy, or treatment and the patient's
   8-66  guardian of the person or another person legally authorized to
   8-67  consent to medical treatment consents to the medication, therapy,
   8-68  or treatment on behalf of the patient; or
   8-69              (3)  a physician treating the patient determines that
   8-70  the medication is necessary to prevent imminent serious physical
    9-1  harm to the patient or to another individual and the physician
    9-2  issues a written order, or a verbal order if authenticated in
    9-3  writing by the physician within 24 hours, to administer the
    9-4  medication to the patient.
    9-5        (b)  The decision of a guardian or of a person legally
    9-6  authorized to consent to medical treatment on the patient's behalf
    9-7  under Subsection (a)(2) must be based on knowledge of what the
    9-8  patient would desire, if known.
    9-9        (c)  A patient's refusal to receive medication, therapy, or
   9-10  treatment under Subsection (a), or a patient's attempt to refuse if
   9-11  the patient's right to refuse is limited by that subsection, shall
   9-12  be documented in the patient's clinical record together with the
   9-13  patient's expressed reason for refusal.
   9-14        (d)  If a physician orders a medication to be administered to
   9-15  a patient under Subsection (a)(3), the physician shall document in
   9-16  the patient's clinical record in specific medical and behavioral
   9-17  terms the reasons for the physician's determination of the
   9-18  necessity of the order.
   9-19        (e)  Consent given by a patient or by a person authorized by
   9-20  law to consent to treatment on the patient's behalf for the
   9-21  administration of a medication, therapy, or treatment is valid only
   9-22  if:
   9-23              (1)  the consent is given voluntarily and without
   9-24  coercive or undue influence;
   9-25              (2)  before administration of the medication, therapy,
   9-26  or treatment, the treating physician explains to the patient and to
   9-27  the person giving consent, in simple, nontechnical language:
   9-28                    (A)  the specific condition to be treated;
   9-29                    (B)  the beneficial effects on that condition
   9-30  expected from the medication, therapy, or treatment;
   9-31                    (C)  the probable health and mental health
   9-32  consequences of not consenting to the medication, therapy, or
   9-33  treatment;
   9-34                    (D)  the side effects and risks associated with
   9-35  the medication, therapy, or treatment;
   9-36                    (E)  the generally accepted alternatives to the
   9-37  medication, therapy, or treatment, if any, and whether an
   9-38  alternative might be appropriate for the patient; and
   9-39                    (F)  the proposed course of the medication,
   9-40  therapy, or treatment; and
   9-41              (3)  the informed consent is evidenced in the patient's
   9-42  clinical record by a signed form prescribed by the commission for
   9-43  this purpose or by a statement of the treating physician that
   9-44  documents that consent was given by the appropriate person and the
   9-45  circumstances under which the consent was obtained.
   9-46        (f)  A person who consents to the administration of a
   9-47  medication, therapy, or treatment may revoke the consent at any
   9-48  time and for any reason, regardless of the person's capacity.
   9-49  Revocation of consent is effective immediately and further
   9-50  medication, therapy, or treatment may not be administered unless
   9-51  new consent is obtained in accordance with this section.
   9-52        (g)  Consent given by a patient or by a person authorized by
   9-53  law to consent to treatment on the patient's behalf applies to a
   9-54  series of doses of medication or to multiple therapies or
   9-55  treatments for which consent was previously granted.   If the
   9-56  treating physician obtains new information relating to a
   9-57  medication, therapy, or treatment for which consent was previously
   9-58  obtained, the physician must explain the new information and obtain
   9-59  new consent.
   9-60        SECTION 1.15.  Section 462.024, Health and Safety Code, is
   9-61  amended to read as follows:
   9-62        Sec. 462.024.  APPLICATION FOR COURT-ORDERED TREATMENT DURING
   9-63  VOLUNTARY INPATIENT CARE.  (a)  An application for court-ordered
   9-64  treatment may not be filed against a patient receiving voluntary
   9-65  care under this subchapter unless:
   9-66              (1)  a request for release of the patient has been
   9-67  filed; or
   9-68              (2)  in the <facility administrator's> opinion of the
   9-69  physician responsible for the patient's treatment, the patient
   9-70  meets the criteria for court-ordered treatment and:
   10-1                    (A)  is absent from the facility without
   10-2  authorization; <or>
   10-3                    (B)  <refuses or> is unable to consent to
   10-4  appropriate and necessary treatment; or
   10-5                    (C)  refuses to consent to necessary and
   10-6  appropriate treatment recommended by the physician responsible for
   10-7  the patient's treatment and that physician completes a certificate
   10-8  of medical examination for chemical dependency that, in addition to
   10-9  the information required by Section 462.064, includes the opinion
  10-10  of the physician that:
  10-11                          (i)  there is no reasonable alternative to
  10-12  the treatment recommended by the physician; and
  10-13                          (ii)  the patient will not benefit from
  10-14  continued inpatient care without the recommended treatment.
  10-15        (b)  The physician responsible for the patient's treatment
  10-16  shall notify the patient if the physician intends to file an
  10-17  application for court-ordered treatment.
  10-18        SECTION 1.16.  (a)  Not later than October 31, 1993, the
  10-19  Texas Board of Mental Health and Mental Retardation shall appoint
  10-20  an advisory task force on prescription medications composed of at
  10-21  least the following persons:
  10-22              (1)  one licensed psychiatrist;
  10-23              (2)  one licensed psychologist;
  10-24              (3)  one certified social worker;
  10-25              (4)  one licensed professional counselor;
  10-26              (5)  one licensed chemical dependency counselor;
  10-27              (6)  two persons who have received mental health
  10-28  services, either voluntarily or involuntarily, during the two years
  10-29  preceding the date of the person's appointment;
  10-30              (7)  one member from each of two private associations
  10-31  of persons who advocate on the behalf of or in the interest of
  10-32  persons with mental illness;
  10-33              (8)  one licensed psychiatric nurse; and
  10-34              (9)  one licensed pharmacist.
  10-35        (b)  The board may appoint additional members as it considers
  10-36  appropriate.
  10-37        (c)  The advisory task force shall designate one member to
  10-38  serve as presiding officer.
  10-39        (d)  The advisory task force shall recommend to the Texas
  10-40  Board of Mental Health and Mental Retardation information
  10-41  concerning different types of prescription medications, based on
  10-42  generally accepted clinical and medical standards and practices,
  10-43  that shall be provided to each person who may receive prescription
  10-44  medication while receiving inpatient mental health services.  The
  10-45  task force shall make its recommendations not later than February
  10-46  1, 1994.
  10-47        (e)  The advisory task force may conduct public hearings on
  10-48  desirable information to be provided to a person who may receive
  10-49  prescription medication.
  10-50        (f)  Members of the advisory task force receive no
  10-51  compensation but are entitled to reimbursement for reasonable
  10-52  expenses incurred in performing official duties in accordance with
  10-53  the General Appropriations Act.
  10-54        (g)  In adopting rules under Section 571.0065, Health and
  10-55  Safety Code, as added by this Act, the Texas Board of Mental Health
  10-56  and Mental Retardation shall consider the recommendations of the
  10-57  advisory task force on prescription medications appointed under
  10-58  this section.  The board shall adopt rules under Section 571.0065,
  10-59  Health and Safety Code, not later than May 1, 1994.
  10-60        SECTION 1.17.  (a)  The changes in law made by this article
  10-61  apply only to consent for the administration of a medication,
  10-62  therapy, or treatment to a person that is given on or after the
  10-63  effective date of this article.
  10-64        (b)  Valid consent for the administration of a medication,
  10-65  therapy, or treatment to a person that is given before the
  10-66  effective date of this article remains valid and continues in
  10-67  effect until consent is withdrawn by the person who gave consent or
  10-68  by a person who is entitled to refuse the medication, therapy, or
  10-69  treatment.
  10-70                               ARTICLE 2
   11-1        SECTION 2.01.  Section 311.002, Health and Safety Code, is
   11-2  amended by amending Subsections (d), (e), and (f) and adding
   11-3  Subsections (g) and (h) to read as follows:
   11-4        (d)  A hospital shall provide an itemized statement of billed
   11-5  services to a third party payor who is actually or potentially
   11-6  responsible for paying all or part of the billed services provided
   11-7  to a patient and who has received a claim for payment of those
   11-8  services.  To be entitled to receive a statement, the third party
   11-9  payor must request the statement from the hospital and must have
  11-10  received a claim for payment.  The request must be made not later
  11-11  than one year after the date on which the payor received the claim
  11-12  for payment.  The hospital shall provide the statement to the payor
  11-13  not later than the 10th day after the date on which the payor
  11-14  requests the statement.  If a third party payor receives a claim
  11-15  for payment of part but not all of the billed services, the third
  11-16  party payor may request an itemized statement of only the billed
  11-17  services for which payment is claimed or to which any deduction or
  11-18  copayment applies.
  11-19        (e)  If a person, including a third party payor, requests
  11-20  more than two copies of the statement, the hospital may charge a
  11-21  reasonable fee for the third and subsequent copies provided to that
  11-22  person.  The fee may not exceed the hospital's cost to copy,
  11-23  process, and deliver the copy to the person.
  11-24        (f) <(e)>  The Texas Department of Health or other
  11-25  appropriate licensing agency may enforce this section by injunction
  11-26  or by any other appropriate remedy, including suspending, revoking,
  11-27  or refusing to renew a hospital's license.
  11-28        (g)  In this section, "hospital" includes:
  11-29              (1)  a treatment facility licensed under Chapter 464;
  11-30  and
  11-31              (2)  a mental health facility licensed under Chapter
  11-32  577.
  11-33        (h) <(f)>  This section does not apply to a hospital
  11-34  maintained or operated by the federal government.
  11-35        SECTION 2.02.  Subchapter A, Chapter 311, Health and Safety
  11-36  Code, is amended by adding Section 311.0025 to read as follows:
  11-37        Sec. 311.0025.  AUDITS OF BILLING.  (a)  A hospital,
  11-38  treatment facility, mental health facility, or health care
  11-39  professional may not submit to a patient or a third party payor a
  11-40  bill for a treatment that the hospital, facility, or professional
  11-41  knows was not provided or knows was improper, unreasonable, or
  11-42  medically or clinically unnecessary.
  11-43        (b)  If the appropriate licensing agency receives a complaint
  11-44  alleging a violation of Subsection (a), the agency may audit the
  11-45  billings and patient records of the hospital, treatment facility,
  11-46  mental health facility, or health care professional.
  11-47        (c)  A hospital, treatment facility, mental health facility,
  11-48  or health care professional that violates Subsection (a) is subject
  11-49  to disciplinary action, including denial, revocation, suspension,
  11-50  or nonrenewal of the license of the hospital, facility, or
  11-51  professional.  Disciplinary action taken under this section is in
  11-52  addition to any other civil, administrative, or criminal penalty
  11-53  provided by law.
  11-54        (d)  A health care professional may not order or direct a
  11-55  hospital, treatment facility, or mental health facility to provide
  11-56  treatment that the professional knows is improper, unreasonable, or
  11-57  medically or clinically unnecessary.  If a hospital or facility is
  11-58  denied reimbursement for treatment because a health care
  11-59  professional orders or directs treatment in violation of this
  11-60  subsection, the professional shall reimburse the hospital or
  11-61  facility for the treatment not later than the 30th day after the
  11-62  date on which the professional receives a final determination of
  11-63  violation.
  11-64        (e)  Each health care regulatory agency by rule shall
  11-65  prescribe what constitutes "improper, unreasonable, or medically or
  11-66  clinically unnecessary" treatment.
  11-67        (f)  In this section:
  11-68              (1)  "Health care professional" means an individual
  11-69  licensed, certified, or regulated by a health care regulatory
  11-70  agency who is eligible for reimbursement for treatment ordered or
   12-1  rendered by that professional.
   12-2              (2)  "Hospital" means a hospital licensed under Chapter
   12-3  241.
   12-4              (3)  "Mental health facility" means a mental health
   12-5  facility licensed under Chapter 577.
   12-6              (4)  "Treatment facility" means a treatment facility
   12-7  licensed under Chapter 464.
   12-8                               ARTICLE 3
   12-9        SECTION 3.01.  Except as otherwise provided by this Act, this
  12-10  Act takes effect immediately.
  12-11        SECTION 3.02.  The importance of this legislation and the
  12-12  crowded condition of the calendars in both houses create an
  12-13  emergency and an imperative public necessity that the
  12-14  constitutional rule requiring bills to be read on three several
  12-15  days in each house be suspended, and this rule is hereby suspended,
  12-16  and that this Act take effect and be in force according to its
  12-17  terms, and it is so enacted.
  12-18                               * * * * *
  12-19                                                         Austin,
  12-20  Texas
  12-21                                                         March 19, 1993
  12-22  Hon. Bob Bullock
  12-23  President of the Senate
  12-24  Sir:
  12-25  We, your Committee on Health and Human Services to which was
  12-26  referred S.B. No. 207, have had the same under consideration, and I
  12-27  am instructed to report it back to the Senate with the
  12-28  recommendation that it do not pass, but that the Committee
  12-29  Substitute adopted in lieu thereof do pass and be printed.
  12-30                                                         Zaffirini,
  12-31  Chair
  12-32                               * * * * *
  12-33                               WITNESSES
  12-34                                                  FOR   AGAINST  ON
  12-35  ___________________________________________________________________
  12-36  Name:  Dan Morales                                             x
  12-37  Representing:  State of Texas
  12-38  City:  Austin
  12-39  -------------------------------------------------------------------
  12-40  Name:  Dr. Charles Arnold                        x
  12-41  Representing:  self
  12-42  City:  San Antonio
  12-43  -------------------------------------------------------------------
  12-44  Name:  Davis F. Briones, M.D.                                  x
  12-45  Representing:  TSPP & TMA
  12-46  City:  El Paso
  12-47  -------------------------------------------------------------------
  12-48  Name:  Douglas Gough Cameron                     x
  12-49  Representing:  CMTE for Truth in Psychiatry
  12-50  City:  San Marcos
  12-51  -------------------------------------------------------------------
  12-52  Name:  Florence Winn-Salmon                      x
  12-53  Representing:  Tx Alliance-Mentally Ill
  12-54  City:  Austin
  12-55  -------------------------------------------------------------------
  12-56  Name:  Ben Marroquin                                           x
  12-57  Representing:  MHMR
  12-58  City:  Austin
  12-59  -------------------------------------------------------------------
  12-60  Name:  Maurice Shaw                                            x
  12-61  Representing:  TDH
  12-62  City:  Austin
  12-63  -------------------------------------------------------------------
  12-64  Name:  Jerry Boswell                             x
  12-65  Representing:  Citzens Comm on Human Rights
  12-66  City:  Austin
  12-67  -------------------------------------------------------------------
  12-68  Name:  Tom Wright                                              x
  12-69  Representing:  Citizens Comm on Human Rights
  12-70  City:  Houston
   13-1  -------------------------------------------------------------------
   13-2  Name:  Mary Dees                                 x
   13-3  Representing:  Tx Mental Health Consumers
   13-4  City:  Austin
   13-5  -------------------------------------------------------------------
   13-6  Name:  Jeannie Christine Warren                  x
   13-7  Representing:  self
   13-8  City:  Dallas
   13-9  -------------------------------------------------------------------
  13-10  Name:  Wylie Jordan                                            x
  13-11  Representing:  self
  13-12  City:  Austin
  13-13  -------------------------------------------------------------------
  13-14                                                  FOR   AGAINST  ON
  13-15  ___________________________________________________________________
  13-16  Name:  Dr. Alaire Lowry                                        x
  13-17  Representing:  Tx Psychological
  13-18  City:  Austin
  13-19  -------------------------------------------------------------------
  13-20  Name:  Don Cavness                                             x
  13-21  Representing:  Tx Psychological
  13-22  City:  Austin
  13-23  -------------------------------------------------------------------
  13-24  Name:  Nancy Sims                                x
  13-25  Representing:  Tx Business Group on Health
  13-26  City:  Austin
  13-27  -------------------------------------------------------------------
  13-28  Name:  Cathy Campbell                                          x
  13-29  Representing:  TDMHMR
  13-30  City:  Austin
  13-31  -------------------------------------------------------------------
  13-32  Name:  Deborah Hiser                             x
  13-33  Representing:  Advocacy, Inc.
  13-34  City:  Austin
  13-35  -------------------------------------------------------------------
  13-36  Name:  Mike Ezzel                                              x
  13-37  Representing:  TCADA
  13-38  City:  Austin
  13-39  -------------------------------------------------------------------
  13-40  Name:  Cynthia Hopkins                           x
  13-41  Representing:  Tx Mental Health Consumers
  13-42  City:  Austin
  13-43  -------------------------------------------------------------------
  13-44  Name:  Edward Sledge                                           x
  13-45  Representing:  self
  13-46  City:  Austin
  13-47  -------------------------------------------------------------------
  13-48  Name:  Joanne P. Hopkins                                       x
  13-49  Representing:  National Medical Enterprises
  13-50  City:  Austin
  13-51  -------------------------------------------------------------------
  13-52  Name:  Marcia Baum                               x
  13-53  Representing:  NASW
  13-54  City:  Austin
  13-55  -------------------------------------------------------------------
  13-56  Name:  Christine Devall                          x
  13-57  Representing:  Mental Health Assn
  13-58  City:  Austin
  13-59  -------------------------------------------------------------------
  13-60  Name:  Mark D. Chouteau                                        x
  13-61  Representing:  Attorney General's Office
  13-62  City:  Austin
  13-63  -------------------------------------------------------------------
  13-64  Name:  Lisa McGiffert                            x
  13-65  Representing:  Consumers Union
  13-66  City:  Austin
  13-67  -------------------------------------------------------------------
  13-68  Name:  Kevin O'Hanlon                                          x
  13-69  Representing:  TEA
  13-70  City:  Austin
   14-1  -------------------------------------------------------------------