By Maxey                                               H.B. No. 379
       74R546 JJT-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the use of certain drugs for certain patients in a
    1-3  state hospital.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 533.044, Health and Safety Code, as added
    1-6  by Section 1, Chapter 973, Acts of the 73rd Legislature, Regular
    1-7  Session, 1993, is renumbered as Section 533.045 and amended to read
    1-8  as follows:
    1-9        Sec. 533.045 <533.044>.  Use of Certain Drugs for Certain
   1-10  Patients.  (a)  The department shall <may> place on a clozapine
   1-11  treatment plan each patient in a state hospital for whom the
   1-12  treatment is medically feasible and appropriate.  The department
   1-13  may place a patient on a treatment plan using another <a> drug
   1-14  instead of <other than> clozapine if the drug produces results that
   1-15  are similar to or better than clozapine in treating schizophrenics.
   1-16        (b)  If a patient in a state hospital responds to a treatment
   1-17  plan required or authorized by Subsection (a) to the extent that
   1-18  the patient can be discharged from the hospital, the department
   1-19  shall <may>:
   1-20              (1)  assist the patient in applying for disability
   1-21  benefits and for Medicaid if the patient is potentially eligible;
   1-22              (2)  place the patient in a community setting with
   1-23  continuing drug treatments and with medical monitoring;
   1-24              (3)  provide or ensure that the patient is provided
    2-1  supportive housing, rehabilitation services, and job placement, as
    2-2  appropriate; and
    2-3              (4)  provide outpatient care at state hospitals or
    2-4  require a local mental health authority to provide outpatient care,
    2-5  as appropriate.
    2-6        (c)  The department may use facility beds vacated by patients
    2-7  discharged through the use of a treatment plan allowed by
    2-8  Subsection (a) for other appropriate uses.
    2-9        SECTION 2.  (a)  This Act takes effect September 1, 1995.
   2-10        (b)  Not later than January 1, 1996, the Texas Department of
   2-11  Mental Health and Mental Retardation shall place on a treatment
   2-12  plan using clozapine or another drug each patient in a state
   2-13  hospital for whom the treatment is medically feasible and
   2-14  appropriate, as required by Section 533.045, Health and Safety
   2-15  Code, as renumbered and amended by this Act.
   2-16        SECTION 3.  The importance of this legislation and the
   2-17  crowded condition of the calendars in both houses create an
   2-18  emergency and an imperative public necessity that the
   2-19  constitutional rule requiring bills to be read on three several
   2-20  days in each house be suspended, and this rule is hereby suspended.