BILL ANALYSIS


                                                     C.S.S.B. 513
                                                     By: Moncrief
                                        Health and Human Services
                                                           4-6-95
                                   Committee Report (Substituted)
BACKGROUND

Currently, a hospital must have a signed order from the consumer's
physician before admitting the consumer. However, the physician is
not always able to be at the hospital at the time of the admission.

PURPOSE

As proposed, C.S.S.B. 513 prohibits a patient from being accepted
for treatment in a mental health facility unless the facility has
an order from a physician who has conducted a medical examination
within 72 hours of the admission. Authorizes the order to be issued
orally, electronically, or in writing signed by the physician.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 572.0025(f), Health and Safety Code, as
follows:

     (f)(1) Prohibits a prospective voluntary patient from being
     accepted for treatment in a mental health facility unless the
     facility has a physician's order admitting the prospective
     patient, which may be issued orally, electronically, or in
     writing, signed by the physician, provided that, in the case
     of an oral order or an electronically transmitted unsigned
     order, a signed original is presented to the mental health
     facility within 24 hours of the initial order. Requires the
     order to be from:
     
     (A) an admitting physician who has conducted an in-person
       physical and psychiatric examination within 72 hours of the
       admission.
       
       (B) an admitting physician who has consulted with a
       physician who has conducted an in-person examination within
       72 hours of the admission.
     SECTION 2.     Emergency clause.
           Effective date: upon passage.