By Thompson, Janek                                    H.B. No. 2113
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to court-ordered mental health services and prohibiting
    1-3  certain persons receiving those services from participating in a
    1-4  drug development research protocol.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 574.011(a), Health and Safety Code, is
    1-7  amended to read as follows:
    1-8        (a)  A certificate of medical examination for mental illness
    1-9  must be sworn to, dated, and signed by the examining physician.
   1-10  The certificate must include:
   1-11              (1)  the name and address of the examining physician;
   1-12              (2)  the name and address of the person examined;
   1-13              (3)  the date and place of the examination;
   1-14              (4)  a brief diagnosis of the examined person's
   1-15  physical and mental condition;
   1-16              (5)  the period, if any, during which the examined
   1-17  person has been under the care of the examining physician;
   1-18              (6)  an accurate description of the mental health
   1-19  treatment, if any, given by or administered under the direction of
   1-20  the examining physician; and
   1-21              (7)  the examining physician's opinion that:
   1-22                    (A)  the examined person is mentally ill; and
   1-23                    (B)  as a result of that illness the examined
   1-24  person:
    2-1                          (i)  is likely to cause serious harm to
    2-2  himself;
    2-3                          (ii)  is likely to cause serious harm to
    2-4  others; or
    2-5                          (iii)  will, if not treated, continue to
    2-6  suffer severe and abnormal mental, emotional, or physical distress,
    2-7  will continue to experience deterioration of his ability to
    2-8  function independently, and is unable to make a rational and
    2-9  informed decision as to whether or not to submit to hospitalization
   2-10  or outpatient treatment.
   2-11        SECTION 2.  Section 574.027, Health and Safety Code, is
   2-12  amended by adding Subsection (f) to read as follows:
   2-13        (f)  A person receiving mental health services under a
   2-14  protective custody order is not eligible to participate in a drug
   2-15  development research protocol.  This section is not intended to
   2-16  limit or prohibit provisions for treatment established under
   2-17  Section 576.022.
   2-18        SECTION 3.  Section 574.034(a), Health and Safety Code, is
   2-19  amended to read as follows:
   2-20        (a)  The judge or jury may determine that a proposed patient
   2-21  requires court-ordered temporary mental health services only if the
   2-22  judge or jury finds, from clear and convincing evidence, that:
   2-23              (1)  the proposed patient is mentally ill; and
   2-24              (2)  as a result of that mental illness the proposed
   2-25  patient:
   2-26                    (A)  is likely to cause serious harm to himself;
   2-27                    (B)  is likely to cause serious harm to others;
    3-1  or
    3-2                    (C)  will, if not treated, continue to suffer
    3-3  severe and abnormal mental, emotional, or physical distress, will
    3-4  continue to experience deterioration of his ability to function
    3-5  independently, and is unable to make a rational and informed
    3-6  decision as to whether or not to submit to hospitalization or
    3-7  outpatient treatment.
    3-8        SECTION 4.  Section 574.035(a), Health and Safety Code, is
    3-9  amended to read as follows:
   3-10        (a)  The jury, or the judge if the right to a jury is waived,
   3-11  may determine that a proposed patient requires court-ordered
   3-12  extended mental health services only if the jury or judge finds,
   3-13  from clear and convincing evidence, that:
   3-14              (1)  the proposed patient is mentally ill; and
   3-15              (2)  as a result of that mental illness the proposed
   3-16  patient:
   3-17                    (A)  is likely to cause serious harm to himself;
   3-18                    (B)  is likely to cause serious harm to others;
   3-19  or
   3-20                    (C)  will, if not treated, continue to suffer
   3-21  severe and abnormal mental, emotional, or physical distress, will
   3-22  continue to experience deterioration of his ability to function
   3-23  independently, and is unable to make a rational and informed
   3-24  decision as to whether or not to submit to hospitalization or
   3-25  outpatient treatment.
   3-26        SECTION 5.  Section 576.021, Health and Safety Code, is
   3-27  amended to read as follows:
    4-1        Sec. 576.021.  General Rights Relating to Treatment.  A
    4-2  patient receiving mental health services under this subtitle has
    4-3  the right to:
    4-4              (1)  appropriate treatment for the patient's mental
    4-5  illness in the least restrictive appropriate setting available;
    4-6              (2)  not receive unnecessary or excessive medication;
    4-7              (3)  refuse to participate in a research program to the
    4-8  extent the patient's authority to make a decision in relation to
    4-9  the program is not preempted by Section 574.027;
   4-10              (4)  an individualized treatment plan and to
   4-11  participate in developing that plan; and
   4-12              (5)  a humane treatment environment that provides
   4-13  reasonable protection from harm and appropriate privacy for
   4-14  personal needs.
   4-15        SECTION 6.  This Act takes effect September 1, 1995.
   4-16        SECTION 7.  The importance of this legislation and the
   4-17  crowded condition of the calendars in both houses create an
   4-18  emergency and an imperative public necessity that the
   4-19  constitutional rule requiring bills to be read on three several
   4-20  days in each house be suspended, and this rule is hereby suspended,
   4-21  and that this Act take effect and be in force from and after its
   4-22  passage, and it is so enacted.