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.