1-1 By: Zaffirini, Moncrief, Harris of Tarrant S.B. No. 210
1-2 (In the Senate - Filed February 1, 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 8, 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. 210 By: Zaffirini
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the regulation of the provision of health care services
1-22 and mental health services to certain persons; providing civil and
1-23 criminal penalties.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 ARTICLE 1
1-26 SECTION 1.01. Chapter 161, Health and Safety Code, is
1-27 amended by adding Subchapter K to read as follows:
1-28 SUBCHAPTER K. ABUSE, NEGLECT, AND UNPROFESSIONAL OR
1-29 UNETHICAL CONDUCT IN HEALTH CARE FACILITIES
1-30 Sec. 161.131. DEFINITIONS. In this subchapter:
1-31 (1) "Abuse" has the meaning assigned by the federal
1-32 Protection and Advocacy for Mentally Ill Individuals Act of 1986
1-33 (42 U.S.C. Section 10801 et seq.).
1-34 (2) "Comprehensive medical rehabilitation" means the
1-35 provision of rehabilitation services that are designed to improve
1-36 or minimize a person's physical or cognitive disabilities, maximize
1-37 a person's functional ability, or restore a person's lost
1-38 functional capacity through close coordination of services,
1-39 communication, interaction, and integration among several
1-40 professions that share the responsibility to achieve team treatment
1-41 goals for the person.
1-42 (3) "Hospital" has the meaning assigned by Section
1-43 241.003.
1-44 (4) "Illegal conduct" means conduct prohibited by law.
1-45 (5) "Inpatient mental health facility" has the meaning
1-46 assigned by Section 571.003.
1-47 (6) "License" means a state agency permit,
1-48 certificate, approval, registration, or other form of permission
1-49 required by state law.
1-50 (7) "Mental health facility" has the meaning assigned
1-51 by Section 571.003.
1-52 (8) "Neglect" has the meaning assigned by the federal
1-53 Protection and Advocacy for Mentally Ill Individuals Act of 1986
1-54 (42 U.S.C. Section 10801 et seq.).
1-55 (9) "State health care regulatory agency" means a
1-56 state agency that licenses a health care professional.
1-57 (10) "Treatment facility" has the meaning assigned by
1-58 Section 464.001.
1-59 (11) "Unethical conduct" means conduct prohibited by
1-60 the ethical standards adopted by state or national professional
1-61 organizations for their respective professions or by rules
1-62 established by the state licensing agency for the respective
1-63 profession.
1-64 (12) "Unprofessional conduct" means conduct prohibited
1-65 under rules adopted by the state licensing agency for the
1-66 respective profession.
1-67 Sec. 161.132. REPORTS OF ABUSE AND NEGLECT OR OF ILLEGAL,
1-68 UNPROFESSIONAL, OR UNETHICAL CONDUCT. (a) A person, including an
2-1 employee, volunteer, or other person associated with an inpatient
2-2 mental health facility, a treatment facility, or a hospital that
2-3 provides comprehensive medical rehabilitation services, who
2-4 reasonably believes or who knows of information that would
2-5 reasonably cause a person to believe that the physical or mental
2-6 health or welfare of a patient or client of the facility who is
2-7 receiving chemical dependency, mental health, or rehabilitation
2-8 services has been, is, or will be adversely affected by abuse or
2-9 neglect caused by any person shall as soon as possible report the
2-10 information supporting the belief to the agency that licenses the
2-11 facility or to the appropriate state health care regulatory agency.
2-12 (b) An employee of or other person associated with an
2-13 inpatient mental health facility, a treatment facility, or a
2-14 hospital that provides comprehensive medical rehabilitation
2-15 services, including a health care professional, who reasonably
2-16 believes or who knows of information that would reasonably cause a
2-17 person to believe that the facility or an employee of or health
2-18 care professional associated with the facility has, is, or will be
2-19 engaged in conduct that is or might be illegal, unprofessional, or
2-20 unethical and that relates to the operation of the facility or
2-21 mental health, chemical dependency, or rehabilitation services
2-22 provided in the facility shall as soon as possible report the
2-23 information supporting the belief to the agency that licenses the
2-24 facility or to the appropriate state health care regulatory agency.
2-25 (c) The requirement prescribed by this section is in
2-26 addition to the requirements provided by Chapter 34, Family Code,
2-27 and Chapter 48, Human Resources Code.
2-28 (d) The Texas Board of Mental Health and Mental Retardation,
2-29 Texas Board of Health, Texas Commission on Alcohol and Drug Abuse,
2-30 and each state health care regulatory agency by rule shall:
2-31 (1) prescribe procedures for the investigation of
2-32 reports received under Subsection (a) or (b) and for coordination
2-33 with and referral of reports to law enforcement agencies or other
2-34 appropriate agencies; and
2-35 (2) prescribe follow-up procedures to ensure that a
2-36 report referred to another agency receives appropriate action.
2-37 (e) Each hospital, inpatient mental health facility, and
2-38 treatment facility shall prominently and conspicuously post for
2-39 display in a public area of the facility that is readily available
2-40 to patients, residents, volunteers, employees, and visitors a
2-41 statement of the duty to report under this section. The statement
2-42 must be in English and in a second language and contain a toll-free
2-43 telephone number that a person may call to report.
2-44 (f) Each state health care regulatory agency by rule shall
2-45 provide for appropriate disciplinary action against a health care
2-46 professional licensed by the agency who fails to report as required
2-47 by this section.
2-48 (g) An individual who in good faith reports under this
2-49 section is immune from civil or criminal liability arising from the
2-50 report. That immunity extends to participation in an
2-51 administrative or judicial proceeding resulting from the report but
2-52 does not extend to an individual who caused the abuse or neglect or
2-53 who engaged in the illegal, unprofessional, or unethical conduct.
2-54 (h) A person commits an offense if the person:
2-55 (1) intentionally, maliciously, or recklessly reports
2-56 false material information under this section; or
2-57 (2) fails to report as required by Subsection (a).
2-58 (i) An offense under Subsection (h) is a Class A
2-59 misdemeanor.
2-60 (j) In this section, "abuse" includes coercive or
2-61 restrictive actions that are illegal or not justified by the
2-62 patient's condition and that are in response to the patient's
2-63 request for discharge or refusal of medication, therapy, or
2-64 treatment.
2-65 Sec. 161.133. MEMORANDUM OF UNDERSTANDING ON INSERVICE
2-66 TRAINING. (a) The Texas Board of Mental Health and Mental
2-67 Retardation, Texas Board of Health, and Texas Commission on Alcohol
2-68 and Drug Abuse by rule shall adopt a joint memorandum of
2-69 understanding that requires each inpatient mental health facility,
2-70 treatment facility, or hospital that provides comprehensive medical
3-1 rehabilitation services to annually provide as a condition of
3-2 continued licensure a minimum of eight hours of inservice training
3-3 designed to assist employees and health care professionals
3-4 associated with the facility in identifying patient abuse or
3-5 neglect and illegal, unprofessional, or unethical conduct by or in
3-6 the facility.
3-7 (b) The memorandum must prescribe:
3-8 (1) minimum standards for the training program; and
3-9 (2) a means for monitoring compliance with the
3-10 requirement.
3-11 (c) Each agency shall review and modify the memorandum as
3-12 necessary not later than the last month of each state fiscal year.
3-13 Sec. 161.134. RETALIATION AGAINST EMPLOYEES PROHIBITED.
3-14 (a) A hospital, mental health facility, or treatment facility may
3-15 not suspend or terminate the employment of or discipline or
3-16 otherwise discriminate against an employee for reporting to the
3-17 employee's supervisor, an administrator of the facility, a state
3-18 regulatory agency, or a law enforcement agency a violation of law,
3-19 including a violation of this chapter, a rule adopted under this
3-20 chapter, or a rule adopted by the Texas Board of Mental Health and
3-21 Mental Retardation, the Texas Board of Health, or the Texas
3-22 Commission on Alcohol and Drug Abuse.
3-23 (b) A hospital, mental health facility, or treatment
3-24 facility that violates Subsection (a) is liable to the person
3-25 discriminated against. A person who has been discriminated against
3-26 in violation of Subsection (a) may sue for injunctive relief,
3-27 damages, or both.
3-28 (c) A court shall award to a plaintiff who prevails in a
3-29 suit under this section not less than the greater of $1,000 or
3-30 actual damages, including damages for mental anguish even if an
3-31 injury other than mental anguish is not shown.
3-32 (d) In addition to an award under Subsection (c), a court
3-33 may award to a plaintiff who prevails in a suit under this section:
3-34 (1) exemplary damages;
3-35 (2) court costs; and
3-36 (3) reasonable attorney fees.
3-37 (e) In addition to amounts recovered under Subsections (c)
3-38 and (d), a plaintiff is entitled to, if applicable:
3-39 (1) reinstatement in the plaintiff's former position;
3-40 (2) compensation for lost wages; and
3-41 (3) reinstatement of lost fringe benefits or seniority
3-42 rights.
3-43 (f) A plaintiff suing under this section has the burden of
3-44 proof, except that it is a rebuttable presumption that the
3-45 plaintiff's employment was suspended or terminated, or that the
3-46 employee was disciplined or discriminated against, for making a
3-47 report related to a violation if the suspension, termination,
3-48 discipline, or discrimination occurs before the 60th day after the
3-49 date on which the plaintiff made a report in good faith.
3-50 (g) A suit under this section may be brought in the district
3-51 court of the county in which:
3-52 (1) the plaintiff resides;
3-53 (2) the plaintiff was employed by the defendant; or
3-54 (3) the defendant conducts business.
3-55 (h) A person who alleges a violation of Subsection (a) must
3-56 sue under this section before the 180th day after the date the
3-57 alleged violation occurred or was discovered by the employee
3-58 through the use of reasonable diligence.
3-59 (i) This section does not abrogate any other right to sue or
3-60 interfere with any other cause of action.
3-61 (j) Each hospital, mental health facility, and treatment
3-62 facility shall prominently and conspicuously post for display in a
3-63 public area of the facility that is readily available to patients,
3-64 residents, employees, and visitors a statement that employees and
3-65 staff are protected from discrimination or retaliation for
3-66 reporting a violation of law. The statement must be in English and
3-67 in a second language.
3-68 Sec. 161.135. RETALIATION AGAINST NONEMPLOYEES PROHIBITED.
3-69 (a) A hospital, mental health facility, or treatment facility may
3-70 not retaliate against a person who is not an employee for reporting
4-1 a violation of law, including a violation of this chapter, a rule
4-2 adopted under this chapter, or a rule adopted by the Texas Board of
4-3 Mental Health and Mental Retardation, the Texas Board of Health, or
4-4 the Texas Commission on Alcohol and Drug Abuse.
4-5 (b) A hospital, mental health facility, or treatment
4-6 facility that violates Subsection (a) is liable to the person
4-7 retaliated against. A person who has been retaliated against in
4-8 violation of Subsection (a) may sue for injunctive relief, damages,
4-9 or both.
4-10 (c) A person suing under this section has the burden of
4-11 proof, except that it is a rebuttable presumption that the
4-12 plaintiff was retaliated against if:
4-13 (1) before the 60th day after the date on which the
4-14 plaintiff made a report in good faith, the hospital, mental health
4-15 facility, or treatment facility:
4-16 (A) discriminates in violation of Section
4-17 161.134 against a relative who is an employee of the facility;
4-18 (B) transfers, disciplines, suspends,
4-19 terminates, or otherwise discriminates against the person or a
4-20 relative who is a volunteer in the facility or who is employed
4-21 under the patient work program administered by the Texas Department
4-22 of Mental Health and Mental Retardation;
4-23 (C) commits or threatens to commit, without
4-24 justification, the person or a relative of the person; or
4-25 (D) transfers, discharges, punishes, or
4-26 restricts the privileges of the person or a relative of the person
4-27 who is receiving inpatient or outpatient services in the facility;
4-28 or
4-29 (2) a person expected to testify on behalf of the
4-30 plaintiff is intentionally made unavailable through an action of
4-31 the facility, including a discharge, resignation, or transfer.
4-32 (d) A court shall award to a plaintiff who prevails in a
4-33 suit under this section not less than the greater of $1,000 or
4-34 actual damages, including damages for mental anguish even if an
4-35 injury other than mental anguish is not shown.
4-36 (e) In addition to an award under Subsection (d), a court
4-37 may award to a plaintiff who prevails in a suit under this section:
4-38 (1) exemplary damages;
4-39 (2) court costs; and
4-40 (3) reasonable attorney fees.
4-41 (f) A suit under this section may be brought in the district
4-42 court of the county in which:
4-43 (1) the plaintiff resides;
4-44 (2) the plaintiff was employed by the defendant; or
4-45 (3) the defendant conducts business.
4-46 (g) This section does not abrogate any other right to sue or
4-47 interfere with any other cause of action.
4-48 (h) Each hospital, mental health facility, and treatment
4-49 facility shall prominently and conspicuously post for display in a
4-50 public area of the facility that is readily available to patients,
4-51 residents, employees, and visitors a statement that nonemployees
4-52 are protected from discrimination or retaliation for reporting a
4-53 violation of law. The statement must be in English and in a second
4-54 language. The sign may be combined with the sign required by
4-55 Section 161.134(j).
4-56 Sec. 161.136. BROCHURE RELATING TO SEXUAL EXPLOITATION.
4-57 (a) A state health care regulatory agency by rule may require a
4-58 mental health services provider licensed by that agency to provide
4-59 a standardized written brochure, in wording a patient can
4-60 understand, that summarizes the law prohibiting sexual exploitation
4-61 of patients. The brochure must be available in English and in a
4-62 second language.
4-63 (b) The brochure shall include:
4-64 (1) procedures for filing a complaint relating to
4-65 sexual exploitation, including any toll-free telephone number
4-66 available; and
4-67 (2) the rights of a victim of sexual exploitation.
4-68 (c) In this section, "mental health services provider" has
4-69 the meaning assigned by Section 81.001, Civil Practice and Remedies
4-70 Code.
5-1 Sec. 161.137. PENALTIES. In addition to the penalties
5-2 prescribed by this subchapter, a violation of a provision of this
5-3 subchapter by an individual or facility that is licensed by a state
5-4 health care regulatory agency is subject to the same consequence as
5-5 a violation of the licensing law applicable to the individual or
5-6 facility or of a rule adopted under that licensing law.
5-7 SECTION 1.02. The changes in law made by this article apply
5-8 only to a cause of action that accrues on or after the effective
5-9 date of this article. A cause of action that accrues before the
5-10 effective date of this article is governed by the law in effect on
5-11 the date the cause of action accrues, and that law is continued in
5-12 effect for this purpose.
5-13 ARTICLE 2
5-14 SECTION 2.01. Title 4, Civil Practice and Remedies Code, is
5-15 amended by adding Chapter 81 to read as follows:
5-16 CHAPTER 81. SEXUAL EXPLOITATION BY MENTAL HEALTH SERVICES PROVIDER
5-17 Sec. 81.001. DEFINITIONS. In this chapter:
5-18 (1) "Mental health services" means assessment,
5-19 diagnosis, treatment, or counseling in a professional relationship
5-20 to assist an individual or group in:
5-21 (A) alleviating mental or emotional illness,
5-22 symptoms, conditions, or disorders, including alcohol or drug
5-23 addiction;
5-24 (B) understanding conscious or subconscious
5-25 motivations;
5-26 (C) resolving emotional, attitudinal, or
5-27 relationship conflicts; or
5-28 (D) modifying feelings, attitudes, or behaviors
5-29 that interfere with effective emotional, social, or intellectual
5-30 functioning.
5-31 (2) "Mental health services provider" means an
5-32 individual, licensed or unlicensed, who performs or purports to
5-33 perform mental health services, including a:
5-34 (A) "certified social worker" as defined by
5-35 Section 50.001, Human Resources Code;
5-36 (B) "chemical dependency counselor" as defined
5-37 by Section 1, Chapter 635, Acts of the 72nd Legislature, Regular
5-38 Session, 1991 (Article 4512o, Vernon's Texas Civil Statutes);
5-39 (C) "licensed professional counselor" as defined
5-40 by Section 2, Licensed Professional Counselor Act (Article 4512g,
5-41 Vernon's Texas Civil Statutes);
5-42 (D) "licensed marriage and family therapist" as
5-43 defined by Section 2, Licensed Marriage and Family Therapist Act
5-44 (Article 4512c-1, Vernon's Texas Civil Statutes);
5-45 (E) member of the clergy;
5-46 (F) "physician" who is "practicing medicine" as
5-47 defined by Section 1.03, Medical Practice Act (Article 4495b,
5-48 Vernon's Texas Civil Statutes); and
5-49 (G) "psychologist" offering "psychological
5-50 services" as defined by Section 2, Psychologists' Certification and
5-51 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes).
5-52 (3) "Patient" means an individual who seeks or obtains
5-53 mental health services.
5-54 (4) "Sexual contact" means:
5-55 (A) "deviate sexual intercourse" as defined by
5-56 Section 21.01, Penal Code;
5-57 (B) "sexual contact" as defined by
5-58 Section 21.01, Penal Code;
5-59 (C) "sexual intercourse" as defined by
5-60 Section 21.01, Penal Code; or
5-61 (D) requests by the mental health services
5-62 provider for conduct described by Paragraph (A), (B), or (C).
5-63 "Sexual contact" does not include conduct described by Paragraph
5-64 (A) or (B) that is a part of a professionally recognized medical
5-65 treatment of a patient.
5-66 (5) "Sexual exploitation" means a pattern, practice,
5-67 or scheme of conduct, which may include sexual contact, that can
5-68 reasonably be construed as being for the purposes of sexual arousal
5-69 or gratification or sexual abuse of any person. The term does not
5-70 include obtaining information about a patient's sexual history
6-1 within standard accepted practice while treating a sexual or
6-2 marital dysfunction.
6-3 (6) "Therapeutic deception" means a representation by
6-4 a mental health services provider that sexual contact with, or
6-5 sexual exploitation by, the mental health services provider is
6-6 consistent with, or a part of, a patient's or former patient's
6-7 treatment.
6-8 Sec. 81.002. SEXUAL EXPLOITATION CAUSE OF ACTION. A mental
6-9 health services provider is liable to a patient or former patient
6-10 of the mental health services provider for damages for sexual
6-11 exploitation if the patient or former patient suffers, directly or
6-12 indirectly, a physical, mental, or emotional injury caused by,
6-13 resulting from, or arising out of:
6-14 (1) sexual contact between the patient or former
6-15 patient and the mental health services provider;
6-16 (2) sexual exploitation of the patient or former
6-17 patient by the mental health services provider; or
6-18 (3) therapeutic deception of the patient or former
6-19 patient by the mental health services provider.
6-20 Sec. 81.003. LIABILITY OF EMPLOYER. (a) An employer of a
6-21 mental health services provider is liable to a patient or former
6-22 patient of the mental health services provider for damages if the
6-23 patient or former patient is injured as described by Section 81.002
6-24 and the employer:
6-25 (1) fails to make inquiries of an employer or former
6-26 employer, whose name and address have been disclosed to the
6-27 employer and who employed the mental health services provider as a
6-28 mental health services provider within the five years before the
6-29 date of disclosure, concerning the possible occurrence of sexual
6-30 exploitation by the mental health services provider of patients or
6-31 former patients of the mental health services provider; or
6-32 (2) knows or has reason to know that the mental health
6-33 services provider engaged in the sexual exploitation of the patient
6-34 or former patient and the employer failed to:
6-35 (A) report the suspected sexual exploitation as
6-36 required by Section 81.006; or
6-37 (B) take necessary action to prevent or stop the
6-38 sexual exploitation by the mental health services provider.
6-39 (b) An employer or former employer of a mental health
6-40 services provider is liable to a patient or former patient of the
6-41 mental health services provider for damages if the patient or
6-42 former patient is injured as described by Section 81.002 and the
6-43 employer or former employer:
6-44 (1) knows of the occurrence of the sexual exploitation
6-45 by the mental health services provider of the patient or former
6-46 patient;
6-47 (2) receives a specific request by an employer or
6-48 prospective employer of the mental health services provider,
6-49 engaged in the business of providing mental health services,
6-50 concerning the possible existence or nature of sexual exploitation
6-51 by the mental health services provider; and
6-52 (3) fails to disclose the occurrence of the sexual
6-53 exploitation.
6-54 (c) An employer or former employer is liable under this
6-55 section only to the extent that the failure to take the action
6-56 described by Subsection (a) or (b) was a proximate and actual cause
6-57 of damages sustained.
6-58 Sec. 81.004. DAMAGES. (a) A court shall award to a
6-59 plaintiff who prevails in a suit under this chapter not less than
6-60 the greater of $1,000 or actual damages, including damages for
6-61 mental anguish even if an injury other than mental anguish is not
6-62 shown.
6-63 (b) In addition to an award under Subsection (a), a court
6-64 may award to a plaintiff who prevails in a suit under this chapter:
6-65 (1) exemplary damages;
6-66 (2) court costs; and
6-67 (3) reasonable attorney fees.
6-68 Sec. 81.005. DEFENSES. (a) It is not a defense to an
6-69 action brought under Section 81.002 or 81.003 that the sexual
6-70 exploitation of the patient or former patient occurred:
7-1 (1) with the consent of the patient or former patient;
7-2 (2) outside the therapy or treatment sessions of the
7-3 patient or former patient; or
7-4 (3) off the premises regularly used by the mental
7-5 health services provider for the therapy or treatment sessions of
7-6 the patient or former patient.
7-7 (b) It is a defense to an action brought under
7-8 Section 81.002 or 81.003 by a former patient that the person was
7-9 not emotionally dependent on the mental health services provider
7-10 when the sexual exploitation began and the mental health services
7-11 provider terminated mental health services with the patient more
7-12 than two years before the date the sexual exploitation began.
7-13 (c) A person is considered not emotionally dependent for
7-14 purposes of this chapter if the nature of the patient's or former
7-15 patient's emotional condition and the nature of the treatment
7-16 provided by the mental health services provider are not such that
7-17 the mental health services provider knows or has reason to believe
7-18 that the patient or former patient is unable to withhold consent to
7-19 the sexual exploitation.
7-20 Sec. 81.006. DUTY TO REPORT. (a) If a mental health
7-21 services provider or the employer of a mental health services
7-22 provider has reasonable cause to suspect that a patient has been
7-23 the victim of sexual exploitation by a mental health services
7-24 provider during the course of treatment, or if a patient alleges
7-25 sexual exploitation by a mental health services provider during the
7-26 course of treatment, the mental health services provider or the
7-27 employer shall report the alleged conduct not later than the 30th
7-28 day after the date the person became aware of the conduct or the
7-29 allegations to:
7-30 (1) the prosecuting attorney in the county in which
7-31 the alleged sexual exploitation occurred; and
7-32 (2) any state licensing board that has responsibility
7-33 for the mental health services provider's licensing.
7-34 (b) Before making a report under this section, the reporter
7-35 shall inform the alleged victim of the reporter's duty to report
7-36 and shall determine if the alleged victim wants to remain
7-37 anonymous.
7-38 (c) A report under this section need contain only the
7-39 information needed to:
7-40 (1) identify the reporter;
7-41 (2) identify the alleged victim, unless the alleged
7-42 victim has requested anonymity; and
7-43 (3) express suspicion that sexual exploitation has
7-44 occurred.
7-45 (d) Information in a report is privileged information and is
7-46 for the exclusive use of the prosecuting attorney or state
7-47 licensing board that receives the information. A person who
7-48 receives privileged information may not disclose the information
7-49 except to the extent that disclosure is consistent with the
7-50 authorized purposes for which the person first obtained the
7-51 information. The identity of an alleged victim of sexual
7-52 exploitation by a mental health services provider may not be
7-53 disclosed by the reporter, or by a person who has received or has
7-54 access to a report or record, unless the alleged victim has
7-55 consented to the disclosure in writing.
7-56 (e) A person who intentionally violates Subsection (a) or
7-57 (d) is subject to disciplinary action by that person's appropriate
7-58 licensing board and also commits an offense. An offense under this
7-59 subsection is a Class C misdemeanor.
7-60 Sec. 81.007. LIMITED IMMUNITY FROM LIABILITY. (a) A person
7-61 who, in good faith, makes a report required by Section 81.006 is
7-62 immune from civil or criminal liability resulting from the filing
7-63 of that report.
7-64 (b) Reporting under this chapter is presumed to be done in
7-65 good faith.
7-66 (c) The immunity provided by this section does not apply to
7-67 liability resulting from sexual exploitation by a mental health
7-68 services provider of a patient or former patient.
7-69 Sec. 81.008. ADMISSION OF EVIDENCE. (a) In an action for
7-70 sexual exploitation, evidence of the plaintiff's sexual history and
8-1 reputation is not admissible unless:
8-2 (1) the plaintiff claims damage to sexual functioning;
8-3 or
8-4 (2)(A) the defendant requests a hearing before trial
8-5 and makes an offer of proof of the relevancy of the history or
8-6 reputation; and
8-7 (B) the court finds that the history or
8-8 reputation is relevant and that the probative value of the evidence
8-9 outweighs its prejudicial effect.
8-10 (b) The court may allow the admission only of specific
8-11 information or examples of the plaintiff's conduct that are
8-12 determined by the court to be relevant. The court's order shall
8-13 detail the information or conduct that is admissible and no other
8-14 such evidence may be introduced.
8-15 Sec. 81.009. LIMITATIONS. (a) Except as otherwise provided
8-16 by this section, an action under this chapter must be filed before
8-17 the third anniversary of the date the patient or former patient
8-18 understood or should have understood the conduct for which
8-19 liability is established under Section 81.002 or 81.003.
8-20 (b) If a patient or former patient entitled to file an
8-21 action under this chapter is unable to bring the action because of
8-22 the effects of the sexual exploitation, continued emotional
8-23 dependence on the mental health services provider, or threats,
8-24 instructions, or statements by the mental health services provider,
8-25 the deadline for filing an action under this chapter is tolled
8-26 during that period, except that the deadline may not be tolled for
8-27 more than 15 years.
8-28 (c) This section does not apply to a patient or former
8-29 patient who is a "child" or a "minor" as defined by Section 11.01,
8-30 Family Code, until that patient or former patient has reached the
8-31 age of 18. If the action is brought by a parent, guardian, or
8-32 other person having custody of the child or minor, it must be
8-33 brought within the period set forth in this section.
8-34 SECTION 2.02. Chapter 21, Penal Code, is amended by adding
8-35 Section 21.14 to read as follows:
8-36 Sec. 21.14. SEXUAL EXPLOITATION BY MENTAL HEALTH SERVICES
8-37 PROVIDER. (a) In this section:
8-38 (1) "Mental health services" means assessment,
8-39 diagnosis, treatment, or counseling in a professional relationship
8-40 to assist an individual or group in:
8-41 (A) alleviating mental or emotional illness,
8-42 symptoms, conditions, or disorders, including alcohol or drug
8-43 addiction;
8-44 (B) understanding conscious or subconscious
8-45 motivations;
8-46 (C) resolving emotional, attitudinal, or
8-47 relationship conflicts; or
8-48 (D) modifying feelings, attitudes, or behaviors
8-49 that interfere with effective emotional, social, or intellectual
8-50 functioning.
8-51 (2) "Mental health services provider" means an
8-52 individual, licensed or unlicensed, who performs or purports to
8-53 perform mental health services, including a:
8-54 (A) "certified social worker" as defined by
8-55 Section 50.001, Human Resources Code;
8-56 (B) "chemical dependency counselor" as defined
8-57 by Section 1, Chapter 635, Acts of the 72nd Legislature, Regular
8-58 Session, 1991 (Article 4512o, Vernon's Texas Civil Statutes);
8-59 (C) "licensed professional counselor" as defined
8-60 by Section 2, Licensed Professional Counselor Act (Article 4512g,
8-61 Vernon's Texas Civil Statutes);
8-62 (D) "licensed marriage and family therapist" as
8-63 defined by Section 2, Licensed Marriage and Family Therapist Act
8-64 (Article 4512c-1, Vernon's Texas Civil Statutes);
8-65 (E) member of the clergy;
8-66 (F) "physician" who is "practicing medicine" as
8-67 defined by Section 1.03, Medical Practice Act (Article 4495b,
8-68 Vernon's Texas Civil Statutes); and
8-69 (G) "psychologist" offering "psychological
8-70 services" as defined by Section 2, Psychologists' Certification and
9-1 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes).
9-2 (3) "Patient" means an individual who seeks or obtains
9-3 mental health services.
9-4 (4) "Sexually exploitive behavior" means a pattern,
9-5 practice, or scheme of conduct, which may include sexual contact,
9-6 that can reasonably be construed as being for the purposes of
9-7 sexual arousal or gratification or sexual abuse of any person.
9-8 The term does not include obtaining information about a patient's
9-9 sexual history within standard accepted practice while treating a
9-10 sexual or marital dysfunction.
9-11 (b) A person commits an offense if the person is a mental
9-12 health services provider and intentionally:
9-13 (1) engages in sexual contact with a patient or former
9-14 patient; or
9-15 (2) engages in sexually exploitive behavior with a
9-16 patient or former patient.
9-17 (c) It is not a defense to prosecution under this section
9-18 that the sexual contact or sexually exploitive behavior with the
9-19 patient or former patient occurred:
9-20 (1) with the consent of the patient or former patient;
9-21 (2) outside the therapy or treatment sessions of the
9-22 patient or former patient; or
9-23 (3) off the premises regularly used by the mental
9-24 health services provider for the therapy or treatment sessions of
9-25 the patient or former patient.
9-26 (d) It is a defense to prosecution under this section that
9-27 the former patient was not emotionally dependent on the mental
9-28 health services provider when the sexual contact occurred or the
9-29 sexually exploitive behavior began and the mental health services
9-30 provider terminated psychotherapy with the patient more than two
9-31 years before the date the sexual contact occurred or the sexually
9-32 exploitive behavior began.
9-33 (e) A person is considered emotionally dependent for
9-34 purposes of this section if the nature of the patient's or former
9-35 patient's emotional condition and the nature of the treatment
9-36 provided by the mental health services provider are such that the
9-37 mental health services provider knows or has reason to believe that
9-38 the patient or former patient is unable to withhold consent to the
9-39 sexual contact or the sexually exploitive behavior.
9-40 (f) It is a defense to prosecution under this section that
9-41 the sexual contact is a part of a professionally recognized medical
9-42 treatment of a patient.
9-43 (g) Except as provided by Subsection (h) of this section, an
9-44 offense under this section is a felony of the third degree.
9-45 (h) If it is shown on the trial of an offense under this
9-46 section that the defendant has been previously convicted of an
9-47 offense under this section, the offense is a felony of the second
9-48 degree.
9-49 SECTION 2.03. Section 50.021, Human Resources Code, is
9-50 amended to read as follows:
9-51 Sec. 50.021. Revocation and Suspension. The department may
9-52 refuse to issue or to renew a certificate or order of recognition,
9-53 may place on probation a person whose certificate or order of
9-54 recognition has been suspended, may reprimand a person with a
9-55 certificate or order of recognition, or may revoke or suspend a
9-56 certificate or order of recognition issued under this chapter for
9-57 any of the following reasons:
9-58 (1) violating a provision of this chapter or a rule of
9-59 the department;
9-60 (2) circumventing or attempting to circumvent this
9-61 chapter or a rule of the department;
9-62 (3) participating, directly or indirectly, in a plan,
9-63 scheme, or arrangement attempting or having as its purpose the
9-64 evasion of this chapter or a rule of the department;
9-65 (4) engaging in unethical conduct;
9-66 (5) engaging in conduct which discredits or tends to
9-67 discredit the profession of social work;
9-68 (6) performing an act, allowing an omission, or making
9-69 an assertion or representation that is fraudulent, deceitful, or
9-70 misleading or that in any manner tends to create a misleading
10-1 impression;
10-2 (7) knowingly associating with or permitting or
10-3 allowing the use of any certified person's professional services or
10-4 professional identification in a project or enterprise that the
10-5 person knows or with the exercise of reasonable diligence should
10-6 know is a practice that violates this chapter or a rule of the
10-7 department pertaining to the practice of social work;
10-8 (8) knowingly associating with or permitting the use
10-9 of a certified person's name, professional services, professional
10-10 identification, or endorsement in connection with a venture or
10-11 enterprise that the person knows or with the exercise of reasonable
10-12 diligence should know is a trade, business, or professional
10-13 practice of a fraudulent, deceitful, misleading, or dishonest
10-14 nature;
10-15 (9) revealing, directly or indirectly, or causing to
10-16 be revealed a confidential communication transmitted to the
10-17 certified person by a client or recipient of his services except as
10-18 may be required by law;
10-19 (10) having a certificate or a license to practice
10-20 social work in another jurisdiction denied, suspended, or revoked
10-21 for reasons or causes the department finds would constitute a
10-22 violation of this chapter or a rule pertaining to the practice of
10-23 social work adopted by the department;
10-24 (11) having been convicted of a felony in an American
10-25 jurisdiction; <or>
10-26 (12) refusing to do or perform any act or service for
10-27 which the person is certified under this chapter solely on the
10-28 basis of the recipient's age, sex, race, religion, national origin,
10-29 color, or political affiliation; or
10-30 (13) committing an act in violation of Section 21.14,
10-31 Penal Code, or for which liability exists under Chapter 81, Civil
10-32 Practice and Remedies Code.
10-33 SECTION 2.04. Section 16, Chapter 635, Acts of the 72nd
10-34 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
10-35 Civil Statutes), is amended to read as follows:
10-36 Sec. 16. LICENSE REFUSAL; DISCIPLINARY ACTIONS. The
10-37 commission may refuse to issue or renew a license, place on
10-38 probation a license holder whose license has been suspended,
10-39 reprimand a license holder, or revoke or suspend a license issued
10-40 under this Act for:
10-41 (1) violating or assisting another to violate this Act
10-42 or a rule of the commission adopted under this Act;
10-43 (2) circumventing or attempting to circumvent this Act
10-44 or a rule of the commission adopted under this Act;
10-45 (3) participating, directly or indirectly, in a plan
10-46 the purpose of which is the evasion of this Act or a rule of the
10-47 commission adopted under this Act;
10-48 (4) engaging in false, misleading, or deceptive
10-49 conduct as defined by Section 17.46, Business & Commerce Code;
10-50 (5) engaging in conduct that discredits or tends to
10-51 discredit the profession of chemical dependency counseling;
10-52 (6) revealing or causing to be revealed, directly or
10-53 indirectly, a confidential communication made to the licensed
10-54 chemical dependency counselor by a client or recipient of services,
10-55 except as required by law;
10-56 (7) having a license to practice chemical dependency
10-57 counseling in another jurisdiction refused, suspended, or revoked
10-58 for a reason that the commission finds would constitute a violation
10-59 of this Act or a commission rule established under this Act; <or>
10-60 (8) refusing to perform an act or service for which
10-61 the person is licensed to perform under this Act on the basis of
10-62 the client's or recipient's age, sex, race, religion, national
10-63 origin, color, or political affiliation; or
10-64 (9) committing an act in violation of Section 21.14,
10-65 Penal Code, or for which liability exists under Chapter 81, Civil
10-66 Practice and Remedies Code.
10-67 SECTION 2.05. Section 25, Licensed Marriage and Family
10-68 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
10-69 amended to read as follows:
10-70 Sec. 25. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
11-1 After a hearing, the board may deny, suspend, or revoke a license
11-2 or otherwise discipline a license holder if the applicant for
11-3 license or the license holder has:
11-4 (1) been convicted of a felony or a misdemeanor
11-5 involving moral turpitude;
11-6 (2) obtained or attempted to obtain registration by
11-7 fraud or deception;
11-8 (3) used drugs or alcohol to an extent that affects
11-9 professional competence;
11-10 (4) been grossly negligent in performing professional
11-11 duties;
11-12 (5) been adjudicated mentally incompetent by a court
11-13 of competent jurisdiction;
11-14 (6) practiced in a manner detrimental to the public
11-15 health or welfare;
11-16 (7) advertised in a manner that tends to deceive or
11-17 defraud the public;
11-18 (8) had a license or certification revoked by a
11-19 licensing agency or by a certifying professional organization; <or>
11-20 (9) otherwise violated this Act or a rule or code of
11-21 ethics adopted under this Act; or
11-22 (10) committed an act in violation of Section 21.14,
11-23 Penal Code, or for which liability exists under Chapter 81, Civil
11-24 Practice and Remedies Code.
11-25 SECTION 2.06. Subsection (a), Section 16, Licensed
11-26 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
11-27 Statutes), is amended to read as follows:
11-28 (a) The board may revoke, <or> suspend, or refuse to renew
11-29 the license of a counselor on proof that the counselor:
11-30 (1) has committed an act in violation of Section
11-31 21.14, Penal Code, or for which liability exists under Chapter 81,
11-32 Civil Practice and Remedies Code;
11-33 (2) has violated this Act or a rule or code of ethics
11-34 adopted by the board; or
11-35 (3) <(2)> is legally committed to an institution
11-36 because of mental incompetence from any cause.
11-37 SECTION 2.07. Subsection (a), Section 23, Psychologists'
11-38 Certification and Licensing Act (Article 4512c, Vernon's Texas
11-39 Civil Statutes), is amended to read as follows:
11-40 (a) The Texas State Board of Examiners of Psychologists
11-41 shall have the right to cancel, revoke, suspend, or refuse to renew
11-42 the license or certification of any psychologist or the certificate
11-43 of any psychological associate or reprimand any psychologist upon
11-44 proof that the psychologist:
11-45 (1) has been convicted of a felony or of a violation
11-46 of the law involving moral turpitude by any court; the conviction
11-47 of a felony shall be the conviction of any offense which if
11-48 committed within this state would constitute a felony under the
11-49 laws of this state; <or>
11-50 (2) uses drugs or intoxicating liquors to an extent
11-51 that affects his professional competency; <or>
11-52 (3) has been guilty of fraud or deceit in connection
11-53 with his services rendered as a psychologist; <or>
11-54 (4) except as provided by Section 15B of this Act, has
11-55 aided or abetted a person, not a licensed psychologist, in
11-56 representing that person as a psychologist within this state; <or>
11-57 (5) except as provided by Section 15B of this Act, has
11-58 represented himself or herself to be a psychologist licensed in
11-59 this state at a time he or she was not licensed to practice
11-60 psychology in this state, or practiced psychology in this state
11-61 without a license to practice psychology in this state; <or>
11-62 (6) has been guilty of unprofessional conduct as
11-63 defined by the rules established by the Board; <or>
11-64 (7) for any cause for which the Board shall be
11-65 authorized to take that action by another section of this Act; or
11-66 (8) has committed an act in violation of Section
11-67 21.14, Penal Code, or for which liability exists under Chapter 81,
11-68 Civil Practice and Remedies Code.
11-69 SECTION 2.08. Chapter 81, Civil Practice and Remedies Code,
11-70 as added by this article, applies only to a cause of action
12-1 accruing on or after the effective date of this article. A cause
12-2 of action accruing before that date is governed by the law in
12-3 effect at the time the cause of action accrued, and that law is
12-4 continued in effect for that purpose.
12-5 ARTICLE 3
12-6 SECTION 3.01. (a) Chapter 571, Health and Safety Code, is
12-7 amended by adding Section 571.0065 to read as follows:
12-8 Sec. 571.0065. TREATMENT METHODS ADVISORY COMMITTEE.
12-9 (a) The board shall appoint an advisory committee on treatment
12-10 standards that is composed of at least the following persons:
12-11 (1) one licensed psychiatrist;
12-12 (2) one licensed psychologist;
12-13 (3) one certified social worker;
12-14 (4) one licensed professional counselor;
12-15 (5) one licensed chemical dependency counselor;
12-16 (6) two persons who have received mental health
12-17 services, either voluntarily or involuntarily; and
12-18 (7) one member from each of two private associations
12-19 of persons who advocate on the behalf of or in the interest of
12-20 persons with mental illness.
12-21 (b) The board may appoint additional members as it considers
12-22 appropriate.
12-23 (c) The committee shall:
12-24 (1) review treatment methods used in mental health
12-25 facilities;
12-26 (2) recommend to the board the treatment methods that
12-27 should not be allowed, such as "rage therapy," "trust development
12-28 therapy," "rough signing," and any other treatment method that the
12-29 committee determines is physically or emotionally abusive and not
12-30 clearly defined in established, professionally accepted clinical
12-31 standards; and
12-32 (3) consider reports from state agencies on possible
12-33 abusive treatment methods and on complaints relating to treatment
12-34 methods.
12-35 (d) The committee shall meet at least once every six months.
12-36 (e) The board shall either adopt by rule or reject a
12-37 committee recommendation not later than the 120th day after the
12-38 date on which the recommendation is made. A standard established
12-39 by rule under this section that applies to a private mental
12-40 hospital may not be less restrictive than a standard that applies
12-41 to a state mental hospital.
12-42 (f) A state agency that has knowledge of or receives a
12-43 complaint relating to an abusive treatment method shall report that
12-44 knowledge or forward a copy of the complaint to the committee.
12-45 (g) A mental health facility, physician, or other mental
12-46 health professional is not liable for an injury or other damages
12-47 sustained by a person as a result of the failure of the facility,
12-48 physician, or professional to administer or perform a treatment
12-49 prohibited by statute or rules adopted by the board under this
12-50 section or that the board specifically refuses by rule to prohibit
12-51 or authorize.
12-52 (b) Not later than February 1, 1994, the Texas Board of
12-53 Mental Health and Mental Retardation shall appoint the advisory
12-54 committee on treatment standards as prescribed by Section 571.0065,
12-55 Health and Safety Code, as added by this section. The committee
12-56 shall make its initial recommendations to the board not later than
12-57 October 31, 1994.
12-58 SECTION 3.02. Chapter 241, Health and Safety Code, is
12-59 amended by adding Section 241.0265 to read as follows:
12-60 Sec. 241.0265. STANDARDS FOR CARE FOR MENTAL HEALTH AND
12-61 CHEMICAL DEPENDENCY. (a) The care and treatment of a patient
12-62 receiving mental health services in a facility licensed by the
12-63 department under this chapter or Chapter 577 are governed by the
12-64 standards adopted by the Texas Department of Mental Health and
12-65 Mental Retardation to the same extent as if the standards adopted
12-66 by that department were rules adopted by the board under this
12-67 chapter or Chapter 577.
12-68 (b) The care and treatment of a patient receiving chemical
12-69 dependency treatment in a facility licensed by the department under
12-70 this chapter are governed by the same standards that govern the
13-1 care and treatment of a patient receiving treatment in a treatment
13-2 facility licensed under Chapter 464 and that are adopted by the
13-3 Texas Commission on Alcohol and Drug Abuse, to the same extent as
13-4 if the standards adopted by the commission were rules adopted by
13-5 the board under this chapter.
13-6 (c) The department shall enforce the standards provided by
13-7 Subsections (a) and (b). A violation of a standard is subject to
13-8 the same consequence as a violation of a rule adopted by the board
13-9 under this chapter or Chapter 577. The department is not required
13-10 to enforce a standard if the enforcement violates a federal law,
13-11 rule, or regulation.
13-12 SECTION 3.03. (a) Section 462.022, Health and Safety Code,
13-13 is amended by amending Subsection (a) and adding Subsection (c) to
13-14 read as follows:
13-15 (a) A facility may admit a minor for treatment and
13-16 rehabilitation if:
13-17 (1) the facility is:
13-18 (A) a treatment facility licensed by the
13-19 commission to provide the necessary services to minors; or
13-20 (B) a facility licensed or operated by the Texas
13-21 Department of Mental Health and Mental Retardation;
13-22 (2) the admission is appropriate under the facility's
13-23 admission policies; and
13-24 (3) the admission is requested by:
13-25 (A) a parent, managing conservator, or guardian
13-26 if the minor is younger than 16 years of age <or other person
13-27 authorized to consent to medical treatment of a minor under Section
13-28 35.01, Family Code>; or
13-29 (B) the minor, without parental consent, if the
13-30 minor is 16 years of age or older <under Section 35.03, Family
13-31 Code>.
13-32 (c) A person or agency appointed as the guardian or a
13-33 managing conservator of a minor younger than 16 years of age and
13-34 acting as an employee or agent of the state or a political
13-35 subdivision of the state may request admission of the minor only
13-36 with the minor's consent.
13-37 (b) The changes in law made by this section apply only to
13-38 consent for a minor's admission to a treatment facility or mental
13-39 health facility given on or after the effective date of this
13-40 section. Valid consent for a minor's admission given before the
13-41 effective date of this section remains valid and continues in
13-42 effect until withdrawn by the person who consented or by the minor,
13-43 if the minor is 16 years of age or older.
13-44 ARTICLE 4
13-45 SECTION 4.01. Subdivision (9), Section 571.003, Health and
13-46 Safety Code, is amended to read as follows:
13-47 (9) "Inpatient mental health facility" means a mental
13-48 health facility that can provide 24-hour residential and
13-49 psychiatric services and that is:
13-50 (A) a facility operated by the department;
13-51 (B) a private mental hospital licensed by the
13-52 Texas Department of Health <department>;
13-53 (C) a community center;
13-54 (D) a facility operated by a community center or
13-55 other entity the department designates to provide mental health
13-56 services;
13-57 (E) an identifiable part of a general hospital
13-58 in which diagnosis, treatment, and care for persons with mental
13-59 illness is provided and that is licensed by the <department or the>
13-60 Texas Department of Health; or
13-61 (F) a hospital operated by a federal agency.
13-62 SECTION 4.02. Section 577.001, Health and Safety Code, is
13-63 amended to read as follows:
13-64 Sec. 577.001. License Required. (a) A person or political
13-65 subdivision may not operate a mental hospital without a license
13-66 issued by the department under this chapter <or by the Texas
13-67 Department of Health>.
13-68 (b) A community center or other entity designated by the
13-69 Texas Department of Mental Health and Mental Retardation
13-70 <department> to provide mental health services may not operate a
14-1 mental health facility that provides court-ordered mental health
14-2 services without a license issued by the department under this
14-3 chapter <or by the Texas Department of Health>.
14-4 SECTION 4.03. Chapter 577, Health and Safety Code, is
14-5 amended by adding Section 577.0011 to read as follows:
14-6 Sec. 577.0011. DEFINITIONS. In this chapter:
14-7 (1) "Board" means the Texas Board of Health.
14-8 (2) "Department" means the Texas Department of Health.
14-9 SECTION 4.04. Sections 577.002, 577.003, and 577.009, Health
14-10 and Safety Code, are amended to read as follows:
14-11 Sec. 577.002. Exemptions from Licensing Requirement. A
14-12 mental health facility operated by the Texas Department of Mental
14-13 Health and Mental Retardation <department> or a federal agency need
14-14 not be licensed under this chapter.
14-15 Sec. 577.003. Additional License not Required. A mental
14-16 hospital licensed under this chapter that the Texas Department of
14-17 Mental Health and Mental Retardation <department> designates to
14-18 provide mental health services is not required to obtain an
14-19 additional license to provide court-ordered mental health services.
14-20 Sec. 577.009. Limitation on Certain Contracts. A community
14-21 center or other entity the Texas Department of Mental Health and
14-22 Mental Retardation <department> designates to provide mental health
14-23 services may not contract with a mental health facility to provide
14-24 court-ordered mental health services unless the facility is
14-25 licensed by the department <or the Texas Department of Health>.
14-26 SECTION 4.05. Subsection (a), Section 577.010, Health and
14-27 Safety Code, is amended to read as follows:
14-28 (a) The Texas Board of Mental Health and Mental Retardation
14-29 <board> shall adopt rules and standards the board considers
14-30 necessary and appropriate to ensure the proper care and treatment
14-31 of patients in a private mental hospital or mental health facility
14-32 required to obtain a license under this chapter.
14-33 SECTION 4.06. (a) Not later than September 1, 1993, all
14-34 functions, powers, duties, funds, and obligations of the Texas
14-35 Department of Mental Health and Mental Retardation relating to the
14-36 licensure of mental health facilities, other than the power and
14-37 duty to prescribe standards for those facilities, all employees who
14-38 perform those duties, and all relevant records are transferred to
14-39 the Texas Department of Health. A rule, form, or policy relating
14-40 to this function is a rule, form, or policy of the Texas Department
14-41 of Health on transfer of the functions under this section and
14-42 remains in effect until altered by the department.
14-43 (b) A power or duty assigned to the Texas Department of
14-44 Mental Health and Mental Retardation by an Act of the 73rd
14-45 Legislature, Regular Session, relating to licensing a facility
14-46 under Chapter 577, Health and Safety Code, as amended by this
14-47 article, including a power or duty to bring an action to enforce
14-48 state law or to collect a penalty for a violation of state law, is
14-49 a power or duty of the Texas Department of Health.
14-50 (c) Subsection (b) of this section does not apply to a power
14-51 or duty assigned to the Texas Department of Mental Health and
14-52 Mental Retardation that relates to prescribing standards for a
14-53 facility.
14-54 ARTICLE 5
14-55 SECTION 5.01. This Act takes effect September 1, 1993.
14-56 SECTION 5.02. (a) The changes in law made by this Act apply
14-57 only to an offense committed or a violation that occurs on or after
14-58 the effective date of this Act. For the purposes of this Act, an
14-59 offense is committed or a violation occurs before the effective
14-60 date of this Act if any element of the offense or violation occurs
14-61 before that date.
14-62 (b) An offense committed or violation that occurs before the
14-63 effective date of this Act is covered by the law in effect when the
14-64 offense was committed or the violation occurred, and the former law
14-65 is continued in effect for this purpose.
14-66 SECTION 5.03. The importance of this legislation and the
14-67 crowded condition of the calendars in both houses create an
14-68 emergency and an imperative public necessity that the
14-69 constitutional rule requiring bills to be read on three several
14-70 days in each house be suspended, and this rule is hereby suspended.
15-1 * * * * *
15-2 Austin,
15-3 Texas
15-4 March 19, 1993
15-5 Hon. Bob Bullock
15-6 President of the Senate
15-7 Sir:
15-8 We, your Committee on Health and Human Services to which was
15-9 referred S.B. No. 210, have had the same under consideration, and I
15-10 am instructed to report it back to the Senate with the
15-11 recommendation that it do not pass, but that the Committee
15-12 Substitute adopted in lieu thereof do pass and be printed.
15-13 Zaffirini,
15-14 Chair
15-15 * * * * *
15-16 WITNESSES
15-17 FOR AGAINST ON
15-18 ___________________________________________________________________
15-19 Name: Dan Morales x
15-20 Representing: State of Texas
15-21 City: Austin
15-22 -------------------------------------------------------------------
15-23 Name: James L. Gibbs x
15-24 Representing: Self
15-25 City: Houston
15-26 -------------------------------------------------------------------
15-27 FOR AGAINST ON
15-28 ___________________________________________________________________
15-29 Name: Dr. Charles Arnold x
15-30 Representing: Self
15-31 City: San Antonio
15-32 -------------------------------------------------------------------
15-33 Name: Patsy Cheyney x
15-34 Representing: Alliance for the Mentally
15-35 Ill
15-36 City: San Antonio
15-37 -------------------------------------------------------------------
15-38 Name: Claude Beeman III x
15-39 Representing: Tx Mental Health Consumers
15-40 City: Austin
15-41 -------------------------------------------------------------------
15-42 Name: David F. Briones, M.D. x
15-43 Representing: TSPP & TMA
15-44 City: El Paso
15-45 -------------------------------------------------------------------
15-46 Name: Dorayne Levin, RN x
15-47 Representing: Self
15-48 City: Fort Worth
15-49 -------------------------------------------------------------------
15-50 Name: Florence Winn-Salmon x
15-51 Representing: TAMI
15-52 City: Austin
15-53 -------------------------------------------------------------------
15-54 Name: Mary E. Dees x
15-55 Representing: TMHC
15-56 City: Austin
15-57 -------------------------------------------------------------------
15-58 Name: Maurice Shaw x
15-59 Representing: TDH
15-60 City: Austin
15-61 -------------------------------------------------------------------
15-62 Name: Jerry Boswell x
15-63 Representing: Citizens Comm on Human
15-64 Rights
15-65 City: Austin
15-66 -------------------------------------------------------------------
15-67 Name: Clyde E. Preddy x
15-68 Representing: Self
15-69 City: Bryan
15-70 -------------------------------------------------------------------
16-1 Name: Kathy Craft x
16-2 Representing: Board of Professional
16-3 Councel
16-4 City: Austin
16-5 -------------------------------------------------------------------
16-6 Name: Jeannie Christine Warren x
16-7 Representing: Self
16-8 City: Dallas
16-9 -------------------------------------------------------------------
16-10 Name: Wylie Jordan x
16-11 Representing: Self
16-12 City: Austin
16-13 -------------------------------------------------------------------
16-14 Name: Carolyn Bates, Ph.d. x
16-15 Representing: Tx Psychological Asson
16-16 City: Austin
16-17 -------------------------------------------------------------------
16-18 Name: Don Cavness x
16-19 Representing: Tx Psychological Asson.
16-20 City: Austin
16-21 -------------------------------------------------------------------
16-22 Name: Nancy Sims x
16-23 Representing: Tx Business Group on Health
16-24 City: Houston
16-25 -------------------------------------------------------------------
16-26 FOR AGAINST ON
16-27 ___________________________________________________________________
16-28 Name: Alicia Essary x
16-29 Representing: Health & Human Services
16-30 Comm.
16-31 City: Austin
16-32 -------------------------------------------------------------------
16-33 Name: Mike Ezzell x
16-34 Representing: TCACA
16-35 City: Austin
16-36 -------------------------------------------------------------------
16-37 Name: Aaryce Hayes x
16-38 Representing: Advocacy, Inc.
16-39 City: Austin
16-40 -------------------------------------------------------------------
16-41 Name: Cynthia Hopkins x
16-42 Representing: Tx Mental Health Consumers
16-43 City: Austin
16-44 -------------------------------------------------------------------
16-45 Name: Kathy Jillson x
16-46 Representing: Self
16-47 City: Austin
16-48 -------------------------------------------------------------------
16-49 Name: Marie Pumilia x
16-50 Representing: Stop Therapy Abuse
16-51 City: Austin
16-52 -------------------------------------------------------------------
16-53 Name: Joanne P. Hopkins x
16-54 Representing: National Medical Enterprises
16-55 City: Austin
16-56 -------------------------------------------------------------------
16-57 Name: Charlotte Provencher x
16-58 Representing: TAMI
16-59 City: Austin
16-60 -------------------------------------------------------------------
16-61 Name: Marcia Baum x
16-62 Representing: NASW
16-63 City: Austin
16-64 -------------------------------------------------------------------
16-65 Name: Christine Devall x
16-66 Representing: Mental Health Assn
16-67 City: Austin
16-68 -------------------------------------------------------------------
16-69 Name: Kevin O'Hanlon x
16-70 Representing: TEA
17-1 City: Austin
17-2 -------------------------------------------------------------------
17-3 Name: G. K. Sprinkle x
17-4 Representing: Tx Counseling Assoc.
17-5 City: Austin
17-6 -------------------------------------------------------------------
17-7 Name: Mark Chouteau x
17-8 Representing: Ag's Office
17-9 City: Austin
17-10 -------------------------------------------------------------------
17-11 Name: Lisa McGiffert x
17-12 Representing: Consumers Union
17-13 City: Austin
17-14 -------------------------------------------------------------------