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.