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