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  -------------------------------------------------------------------