By: Zaffirini, Moncrief S.B. No. 210
Harris of Tarrant
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of the provision of health care services
1-2 and mental health services to certain persons; providing civil and
1-3 criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1
1-6 SECTION 1.01. Chapter 161, Health and Safety Code, is
1-7 amended by adding Subchapter K to read as follows:
1-8 SUBCHAPTER K. ABUSE, NEGLECT, AND UNPROFESSIONAL OR
1-9 UNETHICAL CONDUCT IN HEALTH CARE FACILITIES
1-10 Sec. 161.131. DEFINITIONS. In this subchapter:
1-11 (1) "Abuse" has the meaning assigned by the federal
1-12 Protection and Advocacy for Mentally Ill Individuals Act of 1986
1-13 (42 U.S.C. Section 10801 et seq.).
1-14 (2) "Comprehensive medical rehabilitation" means the
1-15 provision of rehabilitation services that are designed to improve
1-16 or minimize a person's physical or cognitive disabilities, maximize
1-17 a person's functional ability, or restore a person's lost
1-18 functional capacity through close coordination of services,
1-19 communication, interaction, and integration among several
1-20 professions that share the responsibility to achieve team treatment
1-21 goals for the person.
1-22 (3) "Hospital" has the meaning assigned by Section
1-23 241.003.
1-24 (4) "Illegal conduct" means conduct prohibited by law.
2-1 (5) "Inpatient mental health facility" has the meaning
2-2 assigned by Section 571.003.
2-3 (6) "License" means a state agency permit,
2-4 certificate, approval, registration, or other form of permission
2-5 required by state law.
2-6 (7) "Mental health facility" has the meaning assigned
2-7 by Section 571.003.
2-8 (8) "Neglect" has the meaning assigned by the federal
2-9 Protection and Advocacy for Mentally Ill Individuals Act of 1986
2-10 (42 U.S.C. Section 10801 et seq.).
2-11 (9) "State health care regulatory agency" means a
2-12 state agency that licenses a health care professional.
2-13 (10) "Treatment facility" has the meaning assigned by
2-14 Section 464.001.
2-15 (11) "Unethical conduct" means conduct prohibited by
2-16 the ethical standards adopted by state or national professional
2-17 organizations for their respective professions or by rules
2-18 established by the state licensing agency for the respective
2-19 profession.
2-20 (12) "Unprofessional conduct" means conduct prohibited
2-21 under rules adopted by the state licensing agency for the
2-22 respective profession.
2-23 Sec. 161.132. REPORTS OF ABUSE AND NEGLECT OR OF ILLEGAL,
2-24 UNPROFESSIONAL, OR UNETHICAL CONDUCT. (a) A person, including an
2-25 employee, volunteer, or other person associated with an inpatient
2-26 mental health facility, a treatment facility, or a hospital that
2-27 provides comprehensive medical rehabilitation services, who
3-1 reasonably believes or who knows of information that would
3-2 reasonably cause a person to believe that the physical or mental
3-3 health or welfare of a patient or client of the facility who is
3-4 receiving chemical dependency, mental health, or rehabilitation
3-5 services has been, is, or will be adversely affected by abuse or
3-6 neglect caused by any person shall as soon as possible report the
3-7 information supporting the belief to the agency that licenses the
3-8 facility or to the appropriate state health care regulatory agency.
3-9 (b) An employee of or other person associated with an
3-10 inpatient mental health facility, a treatment facility, or a
3-11 hospital that provides comprehensive medical rehabilitation
3-12 services, including a health care professional, who reasonably
3-13 believes or who knows of information that would reasonably cause a
3-14 person to believe that the facility or an employee of or health
3-15 care professional associated with the facility has, is, or will be
3-16 engaged in conduct that is or might be illegal, unprofessional, or
3-17 unethical and that relates to the operation of the facility or
3-18 mental health, chemical dependency, or rehabilitation services
3-19 provided in the facility shall as soon as possible report the
3-20 information supporting the belief to the agency that licenses the
3-21 facility or to the appropriate state health care regulatory agency.
3-22 (c) The requirement prescribed by this section is in
3-23 addition to the requirements provided by Chapter 34, Family Code,
3-24 and Chapter 48, Human Resources Code.
3-25 (d) The Texas Board of Mental Health and Mental Retardation,
3-26 Texas Board of Health, Texas Commission on Alcohol and Drug Abuse,
3-27 and each state health care regulatory agency by rule shall:
4-1 (1) prescribe procedures for the investigation of
4-2 reports received under Subsection (a) or (b) and for coordination
4-3 with and referral of reports to law enforcement agencies or other
4-4 appropriate agencies; and
4-5 (2) prescribe follow-up procedures to ensure that a
4-6 report referred to another agency receives appropriate action.
4-7 (e) Each hospital, inpatient mental health facility, and
4-8 treatment facility shall prominently and conspicuously post for
4-9 display in a public area of the facility that is readily available
4-10 to patients, residents, volunteers, employees, and visitors a
4-11 statement of the duty to report under this section. The statement
4-12 must be in English and in a second language and contain a toll-free
4-13 telephone number that a person may call to report.
4-14 (f) Each state health care regulatory agency by rule shall
4-15 provide for appropriate disciplinary action against a health care
4-16 professional licensed by the agency who fails to report as required
4-17 by this section.
4-18 (g) An individual who in good faith reports under this
4-19 section is immune from civil or criminal liability arising from the
4-20 report. That immunity extends to participation in an
4-21 administrative or judicial proceeding resulting from the report but
4-22 does not extend to an individual who caused the abuse or neglect or
4-23 who engaged in the illegal, unprofessional, or unethical conduct.
4-24 (h) A person commits an offense if the person:
4-25 (1) intentionally, maliciously, or recklessly reports
4-26 false material information under this section; or
4-27 (2) fails to report as required by Subsection (a).
5-1 (i) An offense under Subsection (h) is a Class A
5-2 misdemeanor.
5-3 (j) In this section, "abuse" includes coercive or
5-4 restrictive actions that are illegal or not justified by the
5-5 patient's condition and that are in response to the patient's
5-6 request for discharge or refusal of medication, therapy, or
5-7 treatment.
5-8 Sec. 161.133. MEMORANDUM OF UNDERSTANDING ON INSERVICE
5-9 TRAINING. (a) The Texas Board of Mental Health and Mental
5-10 Retardation, Texas Board of Health, and Texas Commission on Alcohol
5-11 and Drug Abuse by rule shall adopt a joint memorandum of
5-12 understanding that requires each inpatient mental health facility,
5-13 treatment facility, or hospital that provides comprehensive medical
5-14 rehabilitation services to annually provide as a condition of
5-15 continued licensure a minimum of eight hours of inservice training
5-16 designed to assist employees and health care professionals
5-17 associated with the facility in identifying patient abuse or
5-18 neglect and illegal, unprofessional, or unethical conduct by or in
5-19 the facility.
5-20 (b) The memorandum must prescribe:
5-21 (1) minimum standards for the training program; and
5-22 (2) a means for monitoring compliance with the
5-23 requirement.
5-24 (c) Each agency shall review and modify the memorandum as
5-25 necessary not later than the last month of each state fiscal year.
5-26 Sec. 161.134. RETALIATION AGAINST EMPLOYEES PROHIBITED.
5-27 (a) A hospital, mental health facility, or treatment facility may
6-1 not suspend or terminate the employment of or discipline or
6-2 otherwise discriminate against an employee for reporting to the
6-3 employee's supervisor, an administrator of the facility, a state
6-4 regulatory agency, or a law enforcement agency a violation of law,
6-5 including a violation of this chapter, a rule adopted under this
6-6 chapter, or a rule adopted by the Texas Board of Mental Health and
6-7 Mental Retardation, the Texas Board of Health, or the Texas
6-8 Commission on Alcohol and Drug Abuse.
6-9 (b) A hospital, mental health facility, or treatment
6-10 facility that violates Subsection (a) is liable to the person
6-11 discriminated against. A person who has been discriminated against
6-12 in violation of Subsection (a) may sue for injunctive relief,
6-13 damages, or both.
6-14 (c) A court shall award to a plaintiff who prevails in a
6-15 suit under this section not less than the greater of $1,000 or
6-16 actual damages, including damages for mental anguish even if an
6-17 injury other than mental anguish is not shown.
6-18 (d) In addition to an award under Subsection (c), a court
6-19 may award to a plaintiff who prevails in a suit under this section:
6-20 (1) exemplary damages;
6-21 (2) court costs; and
6-22 (3) reasonable attorney fees.
6-23 (e) In addition to amounts recovered under Subsections (c)
6-24 and (d), a plaintiff is entitled to, if applicable:
6-25 (1) reinstatement in the plaintiff's former position;
6-26 (2) compensation for lost wages; and
6-27 (3) reinstatement of lost fringe benefits or seniority
7-1 rights.
7-2 (f) A plaintiff suing under this section has the burden of
7-3 proof, except that it is a rebuttable presumption that the
7-4 plaintiff's employment was suspended or terminated, or that the
7-5 employee was disciplined or discriminated against, for making a
7-6 report related to a violation if the suspension, termination,
7-7 discipline, or discrimination occurs before the 60th day after the
7-8 date on which the plaintiff made a report in good faith.
7-9 (g) A suit under this section may be brought in the district
7-10 court of the county in which:
7-11 (1) the plaintiff resides;
7-12 (2) the plaintiff was employed by the defendant; or
7-13 (3) the defendant conducts business.
7-14 (h) A person who alleges a violation of Subsection (a) must
7-15 sue under this section before the 180th day after the date the
7-16 alleged violation occurred or was discovered by the employee
7-17 through the use of reasonable diligence.
7-18 (i) This section does not abrogate any other right to sue or
7-19 interfere with any other cause of action.
7-20 (j) Each hospital, mental health facility, and treatment
7-21 facility shall prominently and conspicuously post for display in a
7-22 public area of the facility that is readily available to patients,
7-23 residents, employees, and visitors a statement that employees and
7-24 staff are protected from discrimination or retaliation for
7-25 reporting a violation of law. The statement must be in English and
7-26 in a second language.
7-27 Sec. 161.135. RETALIATION AGAINST NONEMPLOYEES PROHIBITED.
8-1 (a) A hospital, mental health facility, or treatment facility may
8-2 not retaliate against a person who is not an employee for reporting
8-3 a violation of law, including a violation of this chapter, a rule
8-4 adopted under this chapter, or a rule adopted by the Texas Board of
8-5 Mental Health and Mental Retardation, the Texas Board of Health, or
8-6 the Texas Commission on Alcohol and Drug Abuse.
8-7 (b) A hospital, mental health facility, or treatment
8-8 facility that violates Subsection (a) is liable to the person
8-9 retaliated against. A person who has been retaliated against in
8-10 violation of Subsection (a) may sue for injunctive relief, damages,
8-11 or both.
8-12 (c) A person suing under this section has the burden of
8-13 proof, except that it is a rebuttable presumption that the
8-14 plaintiff was retaliated against if:
8-15 (1) before the 60th day after the date on which the
8-16 plaintiff made a report in good faith, the hospital, mental health
8-17 facility, or treatment facility:
8-18 (A) discriminates in violation of Section
8-19 161.134 against a relative who is an employee of the facility;
8-20 (B) transfers, disciplines, suspends,
8-21 terminates, or otherwise discriminates against the person or a
8-22 relative who is a volunteer in the facility or who is employed
8-23 under the patient work program administered by the Texas Department
8-24 of Mental Health and Mental Retardation;
8-25 (C) commits or threatens to commit, without
8-26 justification, the person or a relative of the person; or
8-27 (D) transfers, discharges, punishes, or
9-1 restricts the privileges of the person or a relative of the person
9-2 who is receiving inpatient or outpatient services in the facility;
9-3 or
9-4 (2) a person expected to testify on behalf of the
9-5 plaintiff is intentionally made unavailable through an action of
9-6 the facility, including a discharge, resignation, or transfer.
9-7 (d) A court shall award to a plaintiff who prevails in a
9-8 suit under this section not less than the greater of $1,000 or
9-9 actual damages, including damages for mental anguish even if an
9-10 injury other than mental anguish is not shown.
9-11 (e) In addition to an award under Subsection (d), a court
9-12 may award to a plaintiff who prevails in a suit under this section:
9-13 (1) exemplary damages;
9-14 (2) court costs; and
9-15 (3) reasonable attorney fees.
9-16 (f) A suit under this section may be brought in the district
9-17 court of the county in which:
9-18 (1) the plaintiff resides;
9-19 (2) the plaintiff was employed by the defendant; or
9-20 (3) the defendant conducts business.
9-21 (g) This section does not abrogate any other right to sue or
9-22 interfere with any other cause of action.
9-23 (h) Each hospital, mental health facility, and treatment
9-24 facility shall prominently and conspicuously post for display in a
9-25 public area of the facility that is readily available to patients,
9-26 residents, employees, and visitors a statement that nonemployees
9-27 are protected from discrimination or retaliation for reporting a
10-1 violation of law. The statement must be in English and in a second
10-2 language. The sign may be combined with the sign required by
10-3 Section 161.134(j).
10-4 Sec. 161.136. BROCHURE RELATING TO SEXUAL EXPLOITATION.
10-5 (a) A state health care regulatory agency by rule may require a
10-6 mental health services provider licensed by that agency to provide
10-7 a standardized written brochure, in wording a patient can
10-8 understand, that summarizes the law prohibiting sexual exploitation
10-9 of patients. The brochure must be available in English and in a
10-10 second language.
10-11 (b) The brochure shall include:
10-12 (1) procedures for filing a complaint relating to
10-13 sexual exploitation, including any toll-free telephone number
10-14 available; and
10-15 (2) the rights of a victim of sexual exploitation.
10-16 (c) In this section, "mental health services provider" has
10-17 the meaning assigned by Section 81.001, Civil Practice and Remedies
10-18 Code.
10-19 Sec. 161.137. PENALTIES. In addition to the penalties
10-20 prescribed by this subchapter, a violation of a provision of this
10-21 subchapter by an individual or facility that is licensed by a state
10-22 health care regulatory agency is subject to the same consequence as
10-23 a violation of the licensing law applicable to the individual or
10-24 facility or of a rule adopted under that licensing law.
10-25 SECTION 1.02. The changes in law made by this article apply
10-26 only to a cause of action that accrues on or after the effective
10-27 date of this article. A cause of action that accrues before the
11-1 effective date of this article is governed by the law in effect on
11-2 the date the cause of action accrues, and that law is continued in
11-3 effect for this purpose.
11-4 ARTICLE 2
11-5 SECTION 2.01. Title 4, Civil Practice and Remedies Code, is
11-6 amended by adding Chapter 81 to read as follows:
11-7 CHAPTER 81. SEXUAL EXPLOITATION BY MENTAL HEALTH SERVICES PROVIDER
11-8 Sec. 81.001. DEFINITIONS. In this chapter:
11-9 (1) "Mental health services" means assessment,
11-10 diagnosis, treatment, or counseling in a professional relationship
11-11 to assist an individual or group in:
11-12 (A) alleviating mental or emotional illness,
11-13 symptoms, conditions, or disorders, including alcohol or drug
11-14 addiction;
11-15 (B) understanding conscious or subconscious
11-16 motivations;
11-17 (C) resolving emotional, attitudinal, or
11-18 relationship conflicts; or
11-19 (D) modifying feelings, attitudes, or behaviors
11-20 that interfere with effective emotional, social, or intellectual
11-21 functioning.
11-22 (2) "Mental health services provider" means an
11-23 individual, licensed or unlicensed, who performs or purports to
11-24 perform mental health services, including a:
11-25 (A) "certified social worker" as defined by
11-26 Section 50.001, Human Resources Code;
11-27 (B) "chemical dependency counselor" as defined
12-1 by Section 1, Chapter 635, Acts of the 72nd Legislature, Regular
12-2 Session, 1991 (Article 4512o, Vernon's Texas Civil Statutes);
12-3 (C) "licensed professional counselor" as defined
12-4 by Section 2, Licensed Professional Counselor Act (Article 4512g,
12-5 Vernon's Texas Civil Statutes);
12-6 (D) "licensed marriage and family therapist" as
12-7 defined by Section 2, Licensed Marriage and Family Therapist Act
12-8 (Article 4512c-1, Vernon's Texas Civil Statutes);
12-9 (E) member of the clergy;
12-10 (F) "physician" who is "practicing medicine" as
12-11 defined by Section 1.03, Medical Practice Act (Article 4495b,
12-12 Vernon's Texas Civil Statutes); and
12-13 (G) "psychologist" offering "psychological
12-14 services" as defined by Section 2, Psychologists' Certification and
12-15 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes).
12-16 (3) "Patient" means an individual who seeks or obtains
12-17 mental health services.
12-18 (4) "Sexual contact" means:
12-19 (A) "deviate sexual intercourse" as defined by
12-20 Section 21.01, Penal Code;
12-21 (B) "sexual contact" as defined by
12-22 Section 21.01, Penal Code;
12-23 (C) "sexual intercourse" as defined by
12-24 Section 21.01, Penal Code; or
12-25 (D) requests by the mental health services
12-26 provider for conduct described by Paragraph (A), (B), or (C).
12-27 "Sexual contact" does not include conduct described by Paragraph
13-1 (A) or (B) that is a part of a professionally recognized medical
13-2 treatment of a patient.
13-3 (5) "Sexual exploitation" means a pattern, practice,
13-4 or scheme of conduct, which may include sexual contact, that can
13-5 reasonably be construed as being for the purposes of sexual arousal
13-6 or gratification or sexual abuse of any person. The term does not
13-7 include obtaining information about a patient's sexual history
13-8 within standard accepted practice while treating a sexual or
13-9 marital dysfunction.
13-10 (6) "Therapeutic deception" means a representation by
13-11 a mental health services provider that sexual contact with, or
13-12 sexual exploitation by, the mental health services provider is
13-13 consistent with, or a part of, a patient's or former patient's
13-14 treatment.
13-15 Sec. 81.002. SEXUAL EXPLOITATION CAUSE OF ACTION. A mental
13-16 health services provider is liable to a patient or former patient
13-17 of the mental health services provider for damages for sexual
13-18 exploitation if the patient or former patient suffers, directly or
13-19 indirectly, a physical, mental, or emotional injury caused by,
13-20 resulting from, or arising out of:
13-21 (1) sexual contact between the patient or former
13-22 patient and the mental health services provider;
13-23 (2) sexual exploitation of the patient or former
13-24 patient by the mental health services provider; or
13-25 (3) therapeutic deception of the patient or former
13-26 patient by the mental health services provider.
13-27 Sec. 81.003. LIABILITY OF EMPLOYER. (a) An employer of a
14-1 mental health services provider is liable to a patient or former
14-2 patient of the mental health services provider for damages if the
14-3 patient or former patient is injured as described by Section 81.002
14-4 and the employer:
14-5 (1) fails to make inquiries of an employer or former
14-6 employer, whose name and address have been disclosed to the
14-7 employer and who employed the mental health services provider as a
14-8 mental health services provider within the five years before the
14-9 date of disclosure, concerning the possible occurrence of sexual
14-10 exploitation by the mental health services provider of patients or
14-11 former patients of the mental health services provider; or
14-12 (2) knows or has reason to know that the mental health
14-13 services provider engaged in the sexual exploitation of the patient
14-14 or former patient and the employer failed to:
14-15 (A) report the suspected sexual exploitation as
14-16 required by Section 81.006; or
14-17 (B) take necessary action to prevent or stop the
14-18 sexual exploitation by the mental health services provider.
14-19 (b) An employer or former employer of a mental health
14-20 services provider is liable to a patient or former patient of the
14-21 mental health services provider for damages if the patient or
14-22 former patient is injured as described by Section 81.002 and the
14-23 employer or former employer:
14-24 (1) knows of the occurrence of the sexual exploitation
14-25 by the mental health services provider of the patient or former
14-26 patient;
14-27 (2) receives a specific request by an employer or
15-1 prospective employer of the mental health services provider,
15-2 engaged in the business of providing mental health services,
15-3 concerning the possible existence or nature of sexual exploitation
15-4 by the mental health services provider; and
15-5 (3) fails to disclose the occurrence of the sexual
15-6 exploitation.
15-7 (c) An employer or former employer is liable under this
15-8 section only to the extent that the failure to take the action
15-9 described by Subsection (a) or (b) was a proximate and actual cause
15-10 of damages sustained.
15-11 Sec. 81.004. DAMAGES. (a) A court shall award to a
15-12 plaintiff who prevails in a suit under this chapter not less than
15-13 the greater of $1,000 or actual damages, including damages for
15-14 mental anguish even if an injury other than mental anguish is not
15-15 shown.
15-16 (b) In addition to an award under Subsection (a), a court
15-17 may award to a plaintiff who prevails in a suit under this chapter:
15-18 (1) exemplary damages;
15-19 (2) court costs; and
15-20 (3) reasonable attorney fees.
15-21 Sec. 81.005. DEFENSES. (a) It is not a defense to an
15-22 action brought under Section 81.002 or 81.003 that the sexual
15-23 exploitation of the patient or former patient occurred:
15-24 (1) with the consent of the patient or former patient;
15-25 (2) outside the therapy or treatment sessions of the
15-26 patient or former patient; or
15-27 (3) off the premises regularly used by the mental
16-1 health services provider for the therapy or treatment sessions of
16-2 the patient or former patient.
16-3 (b) It is a defense to an action brought under
16-4 Section 81.002 or 81.003 by a former patient that the person was
16-5 not emotionally dependent on the mental health services provider
16-6 when the sexual exploitation began and the mental health services
16-7 provider terminated mental health services with the patient more
16-8 than two years before the date the sexual exploitation began.
16-9 (c) A person is considered not emotionally dependent for
16-10 purposes of this chapter if the nature of the patient's or former
16-11 patient's emotional condition and the nature of the treatment
16-12 provided by the mental health services provider are not such that
16-13 the mental health services provider knows or has reason to believe
16-14 that the patient or former patient is unable to withhold consent to
16-15 the sexual exploitation.
16-16 Sec. 81.006. DUTY TO REPORT. (a) If a mental health
16-17 services provider or the employer of a mental health services
16-18 provider has reasonable cause to suspect that a patient has been
16-19 the victim of sexual exploitation by a mental health services
16-20 provider during the course of treatment, or if a patient alleges
16-21 sexual exploitation by a mental health services provider during the
16-22 course of treatment, the mental health services provider or the
16-23 employer shall report the alleged conduct not later than the 30th
16-24 day after the date the person became aware of the conduct or the
16-25 allegations to:
16-26 (1) the prosecuting attorney in the county in which
16-27 the alleged sexual exploitation occurred; and
17-1 (2) any state licensing board that has responsibility
17-2 for the mental health services provider's licensing.
17-3 (b) Before making a report under this section, the reporter
17-4 shall inform the alleged victim of the reporter's duty to report
17-5 and shall determine if the alleged victim wants to remain
17-6 anonymous.
17-7 (c) A report under this section need contain only the
17-8 information needed to:
17-9 (1) identify the reporter;
17-10 (2) identify the alleged victim, unless the alleged
17-11 victim has requested anonymity; and
17-12 (3) express suspicion that sexual exploitation has
17-13 occurred.
17-14 (d) Information in a report is privileged information and is
17-15 for the exclusive use of the prosecuting attorney or state
17-16 licensing board that receives the information. A person who
17-17 receives privileged information may not disclose the information
17-18 except to the extent that disclosure is consistent with the
17-19 authorized purposes for which the person first obtained the
17-20 information. The identity of an alleged victim of sexual
17-21 exploitation by a mental health services provider may not be
17-22 disclosed by the reporter, or by a person who has received or has
17-23 access to a report or record, unless the alleged victim has
17-24 consented to the disclosure in writing.
17-25 (e) A person who intentionally violates Subsection (a) or
17-26 (d) is subject to disciplinary action by that person's appropriate
17-27 licensing board and also commits an offense. An offense under this
18-1 subsection is a Class C misdemeanor.
18-2 Sec. 81.007. LIMITED IMMUNITY FROM LIABILITY. (a) A person
18-3 who, in good faith, makes a report required by Section 81.006 is
18-4 immune from civil or criminal liability resulting from the filing
18-5 of that report.
18-6 (b) Reporting under this chapter is presumed to be done in
18-7 good faith.
18-8 (c) The immunity provided by this section does not apply to
18-9 liability resulting from sexual exploitation by a mental health
18-10 services provider of a patient or former patient.
18-11 Sec. 81.008. ADMISSION OF EVIDENCE. (a) In an action for
18-12 sexual exploitation, evidence of the plaintiff's sexual history and
18-13 reputation is not admissible unless:
18-14 (1) the plaintiff claims damage to sexual functioning;
18-15 or
18-16 (2)(A) the defendant requests a hearing before trial
18-17 and makes an offer of proof of the relevancy of the history or
18-18 reputation; and
18-19 (B) the court finds that the history or
18-20 reputation is relevant and that the probative value of the evidence
18-21 outweighs its prejudicial effect.
18-22 (b) The court may allow the admission only of specific
18-23 information or examples of the plaintiff's conduct that are
18-24 determined by the court to be relevant. The court's order shall
18-25 detail the information or conduct that is admissible and no other
18-26 such evidence may be introduced.
18-27 Sec. 81.009. LIMITATIONS. (a) Except as otherwise provided
19-1 by this section, an action under this chapter must be filed before
19-2 the third anniversary of the date the patient or former patient
19-3 understood or should have understood the conduct for which
19-4 liability is established under Section 81.002 or 81.003.
19-5 (b) If a patient or former patient entitled to file an
19-6 action under this chapter is unable to bring the action because of
19-7 the effects of the sexual exploitation, continued emotional
19-8 dependence on the mental health services provider, or threats,
19-9 instructions, or statements by the mental health services provider,
19-10 the deadline for filing an action under this chapter is tolled
19-11 during that period, except that the deadline may not be tolled for
19-12 more than 15 years.
19-13 (c) This section does not apply to a patient or former
19-14 patient who is a "child" or a "minor" as defined by Section 11.01,
19-15 Family Code, until that patient or former patient has reached the
19-16 age of 18. If the action is brought by a parent, guardian, or
19-17 other person having custody of the child or minor, it must be
19-18 brought within the period set forth in this section.
19-19 SECTION 2.02. Chapter 21, Penal Code, is amended by adding
19-20 Section 21.14 to read as follows:
19-21 Sec. 21.14. SEXUAL EXPLOITATION BY MENTAL HEALTH SERVICES
19-22 PROVIDER. (a) In this section:
19-23 (1) "Mental health services" means assessment,
19-24 diagnosis, treatment, or counseling in a professional relationship
19-25 to assist an individual or group in:
19-26 (A) alleviating mental or emotional illness,
19-27 symptoms, conditions, or disorders, including alcohol or drug
20-1 addiction;
20-2 (B) understanding conscious or subconscious
20-3 motivations;
20-4 (C) resolving emotional, attitudinal, or
20-5 relationship conflicts; or
20-6 (D) modifying feelings, attitudes, or behaviors
20-7 that interfere with effective emotional, social, or intellectual
20-8 functioning.
20-9 (2) "Mental health services provider" means an
20-10 individual, licensed or unlicensed, who performs or purports to
20-11 perform mental health services, including a:
20-12 (A) "certified social worker" as defined by
20-13 Section 50.001, Human Resources Code;
20-14 (B) "chemical dependency counselor" as defined
20-15 by Section 1, Chapter 635, Acts of the 72nd Legislature, Regular
20-16 Session, 1991 (Article 4512o, Vernon's Texas Civil Statutes);
20-17 (C) "licensed professional counselor" as defined
20-18 by Section 2, Licensed Professional Counselor Act (Article 4512g,
20-19 Vernon's Texas Civil Statutes);
20-20 (D) "licensed marriage and family therapist" as
20-21 defined by Section 2, Licensed Marriage and Family Therapist Act
20-22 (Article 4512c-1, Vernon's Texas Civil Statutes);
20-23 (E) member of the clergy;
20-24 (F) "physician" who is "practicing medicine" as
20-25 defined by Section 1.03, Medical Practice Act (Article 4495b,
20-26 Vernon's Texas Civil Statutes); and
20-27 (G) "psychologist" offering "psychological
21-1 services" as defined by Section 2, Psychologists' Certification and
21-2 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes).
21-3 (3) "Patient" means an individual who seeks or obtains
21-4 mental health services.
21-5 (4) "Sexually exploitive behavior" means a pattern,
21-6 practice, or scheme of conduct, which may include sexual contact,
21-7 that can reasonably be construed as being for the purposes of
21-8 sexual arousal or gratification or sexual abuse of any person.
21-9 The term does not include obtaining information about a patient's
21-10 sexual history within standard accepted practice while treating a
21-11 sexual or marital dysfunction.
21-12 (b) A person commits an offense if the person is a mental
21-13 health services provider and intentionally:
21-14 (1) engages in sexual contact with a patient or former
21-15 patient; or
21-16 (2) engages in sexually exploitive behavior with a
21-17 patient or former patient.
21-18 (c) It is not a defense to prosecution under this section
21-19 that the sexual contact or sexually exploitive behavior with the
21-20 patient or former patient occurred:
21-21 (1) with the consent of the patient or former patient;
21-22 (2) outside the therapy or treatment sessions of the
21-23 patient or former patient; or
21-24 (3) off the premises regularly used by the mental
21-25 health services provider for the therapy or treatment sessions of
21-26 the patient or former patient.
21-27 (d) It is a defense to prosecution under this section that
22-1 the former patient was not emotionally dependent on the mental
22-2 health services provider when the sexual contact occurred or the
22-3 sexually exploitive behavior began and the mental health services
22-4 provider terminated psychotherapy with the patient more than two
22-5 years before the date the sexual contact occurred or the sexually
22-6 exploitive behavior began.
22-7 (e) A person is considered emotionally dependent for
22-8 purposes of this section if the nature of the patient's or former
22-9 patient's emotional condition and the nature of the treatment
22-10 provided by the mental health services provider are such that the
22-11 mental health services provider knows or has reason to believe that
22-12 the patient or former patient is unable to withhold consent to the
22-13 sexual contact or the sexually exploitive behavior.
22-14 (f) It is a defense to prosecution under this section that
22-15 the sexual contact is a part of a professionally recognized medical
22-16 treatment of a patient.
22-17 (g) Except as provided by Subsection (h) of this section, an
22-18 offense under this section is a felony of the third degree.
22-19 (h) If it is shown on the trial of an offense under this
22-20 section that the defendant has been previously convicted of an
22-21 offense under this section, the offense is a felony of the second
22-22 degree.
22-23 SECTION 2.03. Section 50.021, Human Resources Code, is
22-24 amended to read as follows:
22-25 Sec. 50.021. Revocation and Suspension. The department may
22-26 refuse to issue or to renew a certificate or order of recognition,
22-27 may place on probation a person whose certificate or order of
23-1 recognition has been suspended, may reprimand a person with a
23-2 certificate or order of recognition, or may revoke or suspend a
23-3 certificate or order of recognition issued under this chapter for
23-4 any of the following reasons:
23-5 (1) violating a provision of this chapter or a rule of
23-6 the department;
23-7 (2) circumventing or attempting to circumvent this
23-8 chapter or a rule of the department;
23-9 (3) participating, directly or indirectly, in a plan,
23-10 scheme, or arrangement attempting or having as its purpose the
23-11 evasion of this chapter or a rule of the department;
23-12 (4) engaging in unethical conduct;
23-13 (5) engaging in conduct which discredits or tends to
23-14 discredit the profession of social work;
23-15 (6) performing an act, allowing an omission, or making
23-16 an assertion or representation that is fraudulent, deceitful, or
23-17 misleading or that in any manner tends to create a misleading
23-18 impression;
23-19 (7) knowingly associating with or permitting or
23-20 allowing the use of any certified person's professional services or
23-21 professional identification in a project or enterprise that the
23-22 person knows or with the exercise of reasonable diligence should
23-23 know is a practice that violates this chapter or a rule of the
23-24 department pertaining to the practice of social work;
23-25 (8) knowingly associating with or permitting the use
23-26 of a certified person's name, professional services, professional
23-27 identification, or endorsement in connection with a venture or
24-1 enterprise that the person knows or with the exercise of reasonable
24-2 diligence should know is a trade, business, or professional
24-3 practice of a fraudulent, deceitful, misleading, or dishonest
24-4 nature;
24-5 (9) revealing, directly or indirectly, or causing to
24-6 be revealed a confidential communication transmitted to the
24-7 certified person by a client or recipient of his services except as
24-8 may be required by law;
24-9 (10) having a certificate or a license to practice
24-10 social work in another jurisdiction denied, suspended, or revoked
24-11 for reasons or causes the department finds would constitute a
24-12 violation of this chapter or a rule pertaining to the practice of
24-13 social work adopted by the department;
24-14 (11) having been convicted of a felony in an American
24-15 jurisdiction; <or>
24-16 (12) refusing to do or perform any act or service for
24-17 which the person is certified under this chapter solely on the
24-18 basis of the recipient's age, sex, race, religion, national origin,
24-19 color, or political affiliation; or
24-20 (13) committing an act in violation of Section 21.14,
24-21 Penal Code, or for which liability exists under Chapter 81, Civil
24-22 Practice and Remedies Code.
24-23 SECTION 2.04. Section 16, Chapter 635, Acts of the 72nd
24-24 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
24-25 Civil Statutes), is amended to read as follows:
24-26 Sec. 16. LICENSE REFUSAL; DISCIPLINARY ACTIONS. The
24-27 commission may refuse to issue or renew a license, place on
25-1 probation a license holder whose license has been suspended,
25-2 reprimand a license holder, or revoke or suspend a license issued
25-3 under this Act for:
25-4 (1) violating or assisting another to violate this Act
25-5 or a rule of the commission adopted under this Act;
25-6 (2) circumventing or attempting to circumvent this Act
25-7 or a rule of the commission adopted under this Act;
25-8 (3) participating, directly or indirectly, in a plan
25-9 the purpose of which is the evasion of this Act or a rule of the
25-10 commission adopted under this Act;
25-11 (4) engaging in false, misleading, or deceptive
25-12 conduct as defined by Section 17.46, Business & Commerce Code;
25-13 (5) engaging in conduct that discredits or tends to
25-14 discredit the profession of chemical dependency counseling;
25-15 (6) revealing or causing to be revealed, directly or
25-16 indirectly, a confidential communication made to the licensed
25-17 chemical dependency counselor by a client or recipient of services,
25-18 except as required by law;
25-19 (7) having a license to practice chemical dependency
25-20 counseling in another jurisdiction refused, suspended, or revoked
25-21 for a reason that the commission finds would constitute a violation
25-22 of this Act or a commission rule established under this Act; <or>
25-23 (8) refusing to perform an act or service for which
25-24 the person is licensed to perform under this Act on the basis of
25-25 the client's or recipient's age, sex, race, religion, national
25-26 origin, color, or political affiliation; or
25-27 (9) committing an act in violation of Section 21.14,
26-1 Penal Code, or for which liability exists under Chapter 81, Civil
26-2 Practice and Remedies Code.
26-3 SECTION 2.05. Section 25, Licensed Marriage and Family
26-4 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
26-5 amended to read as follows:
26-6 Sec. 25. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
26-7 After a hearing, the board may deny, suspend, or revoke a license
26-8 or otherwise discipline a license holder if the applicant for
26-9 license or the license holder has:
26-10 (1) been convicted of a felony or a misdemeanor
26-11 involving moral turpitude;
26-12 (2) obtained or attempted to obtain registration by
26-13 fraud or deception;
26-14 (3) used drugs or alcohol to an extent that affects
26-15 professional competence;
26-16 (4) been grossly negligent in performing professional
26-17 duties;
26-18 (5) been adjudicated mentally incompetent by a court
26-19 of competent jurisdiction;
26-20 (6) practiced in a manner detrimental to the public
26-21 health or welfare;
26-22 (7) advertised in a manner that tends to deceive or
26-23 defraud the public;
26-24 (8) had a license or certification revoked by a
26-25 licensing agency or by a certifying professional organization; <or>
26-26 (9) otherwise violated this Act or a rule or code of
26-27 ethics adopted under this Act; or
27-1 (10) committed an act in violation of Section 21.14,
27-2 Penal Code, or for which liability exists under Chapter 81, Civil
27-3 Practice and Remedies Code.
27-4 SECTION 2.06. Subsection (a), Section 16, Licensed
27-5 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
27-6 Statutes), is amended to read as follows:
27-7 (a) The board may revoke, <or> suspend, or refuse to renew
27-8 the license of a counselor on proof that the counselor:
27-9 (1) has committed an act in violation of Section
27-10 21.14, Penal Code, or for which liability exists under Chapter 81,
27-11 Civil Practice and Remedies Code;
27-12 (2) has violated this Act or a rule or code of ethics
27-13 adopted by the board; or
27-14 (3) <(2)> is legally committed to an institution
27-15 because of mental incompetence from any cause.
27-16 SECTION 2.07. Subsection (a), Section 23, Psychologists'
27-17 Certification and Licensing Act (Article 4512c, Vernon's Texas
27-18 Civil Statutes), is amended to read as follows:
27-19 (a) The Texas State Board of Examiners of Psychologists
27-20 shall have the right to cancel, revoke, suspend, or refuse to renew
27-21 the license or certification of any psychologist or the certificate
27-22 of any psychological associate or reprimand any psychologist upon
27-23 proof that the psychologist:
27-24 (1) has been convicted of a felony or of a violation
27-25 of the law involving moral turpitude by any court; the conviction
27-26 of a felony shall be the conviction of any offense which if
27-27 committed within this state would constitute a felony under the
28-1 laws of this state; <or>
28-2 (2) uses drugs or intoxicating liquors to an extent
28-3 that affects his professional competency; <or>
28-4 (3) has been guilty of fraud or deceit in connection
28-5 with his services rendered as a psychologist; <or>
28-6 (4) except as provided by Section 15B of this Act, has
28-7 aided or abetted a person, not a licensed psychologist, in
28-8 representing that person as a psychologist within this state; <or>
28-9 (5) except as provided by Section 15B of this Act, has
28-10 represented himself or herself to be a psychologist licensed in
28-11 this state at a time he or she was not licensed to practice
28-12 psychology in this state, or practiced psychology in this state
28-13 without a license to practice psychology in this state; <or>
28-14 (6) has been guilty of unprofessional conduct as
28-15 defined by the rules established by the Board; <or>
28-16 (7) for any cause for which the Board shall be
28-17 authorized to take that action by another section of this Act; or
28-18 (8) has committed an act in violation of Section
28-19 21.14, Penal Code, or for which liability exists under Chapter 81,
28-20 Civil Practice and Remedies Code.
28-21 SECTION 2.08. Chapter 81, Civil Practice and Remedies Code,
28-22 as added by this article, applies only to a cause of action
28-23 accruing on or after the effective date of this article. A cause
28-24 of action accruing before that date is governed by the law in
28-25 effect at the time the cause of action accrued, and that law is
28-26 continued in effect for that purpose.
28-27 ARTICLE 3
29-1 SECTION 3.01. (a) Chapter 571, Health and Safety Code, is
29-2 amended by adding Section 571.0065 to read as follows:
29-3 Sec. 571.0065. TREATMENT METHODS ADVISORY COMMITTEE.
29-4 (a) The board shall appoint an advisory committee on treatment
29-5 standards that is composed of at least the following persons:
29-6 (1) one licensed psychiatrist;
29-7 (2) one licensed psychologist;
29-8 (3) one certified social worker;
29-9 (4) one licensed professional counselor;
29-10 (5) one licensed chemical dependency counselor;
29-11 (6) two persons who have received mental health
29-12 services, either voluntarily or involuntarily; and
29-13 (7) one member from each of two private associations
29-14 of persons who advocate on the behalf of or in the interest of
29-15 persons with mental illness.
29-16 (b) The board may appoint additional members as it considers
29-17 appropriate.
29-18 (c) The committee shall:
29-19 (1) review treatment methods used in mental health
29-20 facilities;
29-21 (2) recommend to the board the treatment methods that
29-22 should not be allowed, such as "rage therapy," "trust development
29-23 therapy," "rough signing," and any other treatment method that the
29-24 committee determines is physically or emotionally abusive and not
29-25 clearly defined in established, professionally accepted clinical
29-26 standards; and
29-27 (3) consider reports from state agencies on possible
30-1 abusive treatment methods and on complaints relating to treatment
30-2 methods.
30-3 (d) The committee shall meet at least once every six months.
30-4 (e) The board shall either adopt by rule or reject a
30-5 committee recommendation not later than the 120th day after the
30-6 date on which the recommendation is made. A standard established
30-7 by rule under this section that applies to a private mental
30-8 hospital may not be less restrictive than a standard that applies
30-9 to a state mental hospital.
30-10 (f) A state agency that has knowledge of or receives a
30-11 complaint relating to an abusive treatment method shall report that
30-12 knowledge or forward a copy of the complaint to the committee.
30-13 (g) A mental health facility, physician, or other mental
30-14 health professional is not liable for an injury or other damages
30-15 sustained by a person as a result of the failure of the facility,
30-16 physician, or professional to administer or perform a treatment
30-17 prohibited by statute or rules adopted by the board under this
30-18 section or that the board specifically refuses by rule to prohibit
30-19 or authorize.
30-20 (b) Not later than February 1, 1994, the Texas Board of
30-21 Mental Health and Mental Retardation shall appoint the advisory
30-22 committee on treatment standards as prescribed by Section 571.0065,
30-23 Health and Safety Code, as added by this section. The committee
30-24 shall make its initial recommendations to the board not later than
30-25 October 31, 1994.
30-26 SECTION 3.02. Chapter 241, Health and Safety Code, is
30-27 amended by adding Section 241.0265 to read as follows:
31-1 Sec. 241.0265. STANDARDS FOR CARE FOR MENTAL HEALTH AND
31-2 CHEMICAL DEPENDENCY. (a) The care and treatment of a patient
31-3 receiving mental health services in a facility licensed by the
31-4 department under this chapter or Chapter 577 are governed by the
31-5 standards adopted by the Texas Department of Mental Health and
31-6 Mental Retardation to the same extent as if the standards adopted
31-7 by that department were rules adopted by the board under this
31-8 chapter or Chapter 577.
31-9 (b) The care and treatment of a patient receiving chemical
31-10 dependency treatment in a facility licensed by the department under
31-11 this chapter are governed by the same standards that govern the
31-12 care and treatment of a patient receiving treatment in a treatment
31-13 facility licensed under Chapter 464 and that are adopted by the
31-14 Texas Commission on Alcohol and Drug Abuse, to the same extent as
31-15 if the standards adopted by the commission were rules adopted by
31-16 the board under this chapter.
31-17 (c) The department shall enforce the standards provided by
31-18 Subsections (a) and (b). A violation of a standard is subject to
31-19 the same consequence as a violation of a rule adopted by the board
31-20 under this chapter or Chapter 577. The department is not required
31-21 to enforce a standard if the enforcement violates a federal law,
31-22 rule, or regulation.
31-23 SECTION 3.03. (a) Section 462.022, Health and Safety Code,
31-24 is amended by amending Subsection (a) and adding Subsection (c) to
31-25 read as follows:
31-26 (a) A facility may admit a minor for treatment and
31-27 rehabilitation if:
32-1 (1) the facility is:
32-2 (A) a treatment facility licensed by the
32-3 commission to provide the necessary services to minors; or
32-4 (B) a facility licensed or operated by the Texas
32-5 Department of Mental Health and Mental Retardation;
32-6 (2) the admission is appropriate under the facility's
32-7 admission policies; and
32-8 (3) the admission is requested by:
32-9 (A) a parent, managing conservator, or guardian
32-10 if the minor is younger than 16 years of age <or other person
32-11 authorized to consent to medical treatment of a minor under Section
32-12 35.01, Family Code>; or
32-13 (B) the minor, without parental consent, if the
32-14 minor is 16 years of age or older <under Section 35.03, Family
32-15 Code>.
32-16 (c) A person or agency appointed as the guardian or a
32-17 managing conservator of a minor younger than 16 years of age and
32-18 acting as an employee or agent of the state or a political
32-19 subdivision of the state may request admission of the minor only
32-20 with the minor's consent.
32-21 (b) The changes in law made by this section apply only to
32-22 consent for a minor's admission to a treatment facility or mental
32-23 health facility given on or after the effective date of this
32-24 section. Valid consent for a minor's admission given before the
32-25 effective date of this section remains valid and continues in
32-26 effect until withdrawn by the person who consented or by the minor,
32-27 if the minor is 16 years of age or older.
33-1 ARTICLE 4
33-2 SECTION 4.01. Subdivision (9), Section 571.003, Health and
33-3 Safety Code, is amended to read as follows:
33-4 (9) "Inpatient mental health facility" means a mental
33-5 health facility that can provide 24-hour residential and
33-6 psychiatric services and that is:
33-7 (A) a facility operated by the department;
33-8 (B) a private mental hospital licensed by the
33-9 Texas Department of Health <department>;
33-10 (C) a community center;
33-11 (D) a facility operated by a community center or
33-12 other entity the department designates to provide mental health
33-13 services;
33-14 (E) an identifiable part of a general hospital
33-15 in which diagnosis, treatment, and care for persons with mental
33-16 illness is provided and that is licensed by the <department or the>
33-17 Texas Department of Health; or
33-18 (F) a hospital operated by a federal agency.
33-19 SECTION 4.02. Section 577.001, Health and Safety Code, is
33-20 amended to read as follows:
33-21 Sec. 577.001. License Required. (a) A person or political
33-22 subdivision may not operate a mental hospital without a license
33-23 issued by the department under this chapter <or by the Texas
33-24 Department of Health>.
33-25 (b) A community center or other entity designated by the
33-26 Texas Department of Mental Health and Mental Retardation
33-27 <department> to provide mental health services may not operate a
34-1 mental health facility that provides court-ordered mental health
34-2 services without a license issued by the department under this
34-3 chapter <or by the Texas Department of Health>.
34-4 SECTION 4.03. Chapter 577, Health and Safety Code, is
34-5 amended by adding Section 577.0011 to read as follows:
34-6 Sec. 577.0011. DEFINITIONS. In this chapter:
34-7 (1) "Board" means the Texas Board of Health.
34-8 (2) "Department" means the Texas Department of Health.
34-9 SECTION 4.04. Sections 577.002, 577.003, and 577.009, Health
34-10 and Safety Code, are amended to read as follows:
34-11 Sec. 577.002. Exemptions from Licensing Requirement. A
34-12 mental health facility operated by the Texas Department of Mental
34-13 Health and Mental Retardation <department> or a federal agency need
34-14 not be licensed under this chapter.
34-15 Sec. 577.003. Additional License not Required. A mental
34-16 hospital licensed under this chapter that the Texas Department of
34-17 Mental Health and Mental Retardation <department> designates to
34-18 provide mental health services is not required to obtain an
34-19 additional license to provide court-ordered mental health services.
34-20 Sec. 577.009. Limitation on Certain Contracts. A community
34-21 center or other entity the Texas Department of Mental Health and
34-22 Mental Retardation <department> designates to provide mental health
34-23 services may not contract with a mental health facility to provide
34-24 court-ordered mental health services unless the facility is
34-25 licensed by the department <or the Texas Department of Health>.
34-26 SECTION 4.05. Subsection (a), Section 577.010, Health and
34-27 Safety Code, is amended to read as follows:
35-1 (a) The Texas Board of Mental Health and Mental Retardation
35-2 <board> shall adopt rules and standards the board considers
35-3 necessary and appropriate to ensure the proper care and treatment
35-4 of patients in a private mental hospital or mental health facility
35-5 required to obtain a license under this chapter.
35-6 SECTION 4.06. (a) Not later than September 1, 1993, all
35-7 functions, powers, duties, funds, and obligations of the Texas
35-8 Department of Mental Health and Mental Retardation relating to the
35-9 licensure of mental health facilities, other than the power and
35-10 duty to prescribe standards for those facilities, all employees who
35-11 perform those duties, and all relevant records are transferred to
35-12 the Texas Department of Health. A rule, form, or policy relating
35-13 to this function is a rule, form, or policy of the Texas Department
35-14 of Health on transfer of the functions under this section and
35-15 remains in effect until altered by the department.
35-16 (b) A power or duty assigned to the Texas Department of
35-17 Mental Health and Mental Retardation by an Act of the 73rd
35-18 Legislature, Regular Session, relating to licensing a facility
35-19 under Chapter 577, Health and Safety Code, as amended by this
35-20 article, including a power or duty to bring an action to enforce
35-21 state law or to collect a penalty for a violation of state law, is
35-22 a power or duty of the Texas Department of Health.
35-23 (c) Subsection (b) of this section does not apply to a power
35-24 or duty assigned to the Texas Department of Mental Health and
35-25 Mental Retardation that relates to prescribing standards for a
35-26 facility.
35-27 ARTICLE 5
36-1 SECTION 5.01. This Act takes effect September 1, 1993.
36-2 SECTION 5.02. (a) The changes in law made by this Act apply
36-3 only to an offense committed or a violation that occurs on or after
36-4 the effective date of this Act. For the purposes of this Act, an
36-5 offense is committed or a violation occurs before the effective
36-6 date of this Act if any element of the offense or violation occurs
36-7 before that date.
36-8 (b) An offense committed or violation that occurs before the
36-9 effective date of this Act is covered by the law in effect when the
36-10 offense was committed or the violation occurred, and the former law
36-11 is continued in effect for this purpose.
36-12 SECTION 5.03. The importance of this legislation and the
36-13 crowded condition of the calendars in both houses create an
36-14 emergency and an imperative public necessity that the
36-15 constitutional rule requiring bills to be read on three several
36-16 days in each house be suspended, and this rule is hereby suspended.