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.