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.