By Hudson                                             H.B. No. 2204
       74R7367 DD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to physical examinations for persons receiving mental
    1-3  health services.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 575, Health and Safety
    1-6  Code, is amended by adding Section 575.004 to read as follows:
    1-7        Sec. 575.004.  EXAMINATION FOR PHYSICAL ILLNESS.  (a)  A
    1-8  person may not be admitted to a mental health facility under this
    1-9  subtitle without a comprehensive examination for physical illness
   1-10  conducted by a licensed physician.
   1-11        (b)  An examining physician shall:
   1-12              (1)  before examining the person, make a reasonable
   1-13  effort to obtain the person's medical history;
   1-14              (2)  report, in writing, the physician's diagnosis of
   1-15  the person's physical condition to the appropriate authority; and
   1-16              (3)  describe treatment, if any, given by or
   1-17  administered under the direction of the examining physician.
   1-18        (c)  The department may provide care and treatment for a
   1-19  person who is diagnosed with a physical illness by an examining
   1-20  physician.  In providing physical examinations under this
   1-21  subsection, the department shall make every reasonable effort to
   1-22  use available facilities, personnel, and equipment.
   1-23        (d)  The treatment of physical illness shall take precedence
   1-24  over the treatment of mental illness.
    2-1        SECTION 2.  This Act takes effect September 1, 1995, and
    2-2  applies to a person admitted to an inpatient mental health facility
    2-3  under Subtitle C, Title 7, Health and Safety Code, on or after that
    2-4  date.
    2-5        SECTION 3.  The importance of this legislation and the
    2-6  crowded condition of the calendars in both houses create an
    2-7  emergency and an imperative public necessity that the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended.