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.