By Thompson, Janek H.B. No. 2113 74R4178 DD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to prohibiting a person who is receiving court-ordered 1-3 mental health services from participating in a research program or 1-4 a drug development protocol; providing a penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 576.021, Health and Safety Code, is 1-7 amended to read as follows: 1-8 Sec. 576.021. GENERAL RIGHTS RELATING TO TREATMENT. A 1-9 patient receiving mental health services under this subtitle has 1-10 the right to: 1-11 (1) appropriate treatment for the patient's mental 1-12 illness in the least restrictive appropriate setting available; 1-13 (2) not receive unnecessary or excessive medication; 1-14 (3) refuse to participate in a research program to the 1-15 extent the patient's authority to make a decision in relation to 1-16 the program is not preempted by Section 576.0211; 1-17 (4) an individualized treatment plan and to 1-18 participate in developing the plan; and 1-19 (5) a humane treatment environment that provides 1-20 reasonable protection from harm and appropriate privacy for 1-21 personal needs. 1-22 SECTION 2. Subchapter B, Chapter 576, Health and Safety 1-23 Code, is amended by adding Section 576.0211 to read as follows: 1-24 Sec. 576.0211. INELIGIBILITY OF CERTAIN PERSONS TO 2-1 PARTICIPATE IN RESEARCH PROGRAMS; CRIMINAL PENALTY. (a) A person 2-2 who is receiving court-ordered mental health services under Chapter 2-3 574 may not participate in a research study or a drug development 2-4 protocol. 2-5 (b) A person commits an offense if the person knowingly 2-6 causes, conspires with another to cause, or assists another to 2-7 cause a person who is receiving court-ordered mental health 2-8 services under Chapter 574 to participate in a research study or a 2-9 drug development protocol. An offense under this subsection is a 2-10 Class A misdemeanor. 2-11 SECTION 3. This Act takes effect September 1, 1995. 2-12 SECTION 4. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and an imperative public necessity that the 2-15 constitutional rule requiring bills to be read on three several 2-16 days in each house be suspended, and this rule is hereby suspended.