BILL ANALYSIS



C.S.H.B. 2113
By: Thompson
05-02-95
Committee Report (Substituted)


BACKGROUND

In Harris County there have been research studies performed on
involuntarily committed mental patients. The patients consented to
participate in the programs in which some were used as control
groups and received no treatment while others were used to test
drugs. Some patients involuntarily committed for mental health
services are not capable of making rational decisions, and as such
should not be legally able to consent to participation in such a
research program. There has been a lawsuit filed against the
University of Texas Health Science Center in which the Center has
agreed to halt these experiments on involuntarily committed
patients, until September 1, 1995, pending legislative action.

PURPOSE

This bill would prohibit people receiving court ordered mental
services under a protective custody order from being used in drug
development protocols. The bill further provides that court ordered
mental health services may be ordered if a person, if not treated,
will continue to suffer severe and abnormal mental, emotional, or
physical distress, will continue to experience deterioration of his
ability to function independently, or is unable to make a rational
decision whether to submit to hospitalization or outpatient
treatment.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 574.011, Health and Safety Code, by
amending Subsection (a)(7)(iii) to state that a certificate of
medical examination for mental illness must include, among other
things, the examining physician's opinion that the person is unable
to make a rational and informed decision as to whether or not to
submit to either "hospitalization or outpatient treatment", instead
of just to "treatment."

SECTION 2. Amends Section 574.027, Health and Safety Code, by
adding the provision that a person receiving mental health services
under a protective custody order is not eligible to participate in
a drug development research protocol. Further provides this section
is not intended to limit or prohibit provisions for treatment under
Section 576.022, Health and Safety Code.

SECTION 3. Amends Section 574.034(a)(1)(C), Health and Safety Code,
by adding "hospitalization or outpatient" to modify treatment, thus
conforming with the change made in Section 1 of this bill.

SECTION 4. Amends Section 574.035(a)(1)(C), Health and Safety Code,
to make conforming change.

SECTION 5. Amends Section 576.021(3), Health and Safety Code, by
providing that a patient receiving mental health services under
this subtitle has the right to refuse to participate in a research
program to the extent the patient's authority to make a decision in
relation to the program is not preempted by Section 574.027, Health
and Safety Code.

SECTION 6. Effective date: September 1, 1995.

SECTION 7. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The bill as filed bans persons receiving court ordered mental
health services from participating in research studies or drug
development protocols. The substitute would prohibit persons
receiving court ordered mental services under a protective custody
order from being used in drug development protocols and would
further provide that court ordered mental health services may be
ordered if a person, if not treated, will continue to suffer severe
and abnormal mental, emotional, or physical distress, will continue
to experience deterioration of his ability to function
independently, or is unable to make a rational decision whether to
submit to hospitalization or outpatient treatment.

SUMMARY OF COMMITTEE ACTION

H.B. 2113 was considered by the Committee on Public Health in a
public hearing on April 4, 1995.

The following persons testified for the bill:
     Doug Cameron, representing self.
     Jim Scanlan, representing self.

The following persons testified against the bill:
     Mary Wathen-White, representing self.
     Deborah C. Hiser, representing Advocacy, Incorporated.
     Patsy Cheyney, representing self and San Antonio Alliance for
     the Mentally Ill.
     Jacqueline Shannon, representing Texas Alliance for the
     Mentally Ill (TEXAMI).

The bill was referred to a subcommittee consisting of
Representatives Janek, McDonald and Rodriguez.

After being recalled from subcommittee, the bill was considered by
the committee in a public hearing on May 2, 1995. The committee
considered a substitute for the bill. The substitute was adopted
without objection. The bill was reported favorably to the House as
substituted, with the recommendation that it do pass and be printed
and sent to the Committee on Local and Consent Calendars, by a
record vote of 7 ayes, 0 nays, 0 PNV, and 2 absent.