By Thompson, Clemons, Dukes, Serna H.B. No. 2452
74R6798 DD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibiting the use of electroconvulsive therapy;
1-3 providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 578.001, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 578.001. APPLICATION OF CHAPTER; DEFINITION. (a) This
1-8 chapter applies to the use of electroconvulsive therapy,
1-9 psychosurgery, pre-frontal sonic sound treatment, or any other
1-10 convulsive or coma-inducing therapy by any person, including a
1-11 private physician who uses the therapy on an outpatient basis.
1-12 (b) In this chapter, "electroconvulsive therapy" means a
1-13 somatic treatment for a psychiatric illness in which an electrical
1-14 current is administered to the brain and causes a seizure.
1-15 SECTION 2. Section 578.002, Health and Safety Code, is
1-16 amended to read as follows:
1-17 Sec. 578.002. USE OF ELECTROCONVULSIVE THERAPY PROHIBITED;
1-18 CRIMINAL PENALTY. (a) Electroconvulsive therapy may not be used
1-19 on any <a> person <who is younger than 16 years of age>.
1-20 (b) A person commits an offense if the person:
1-21 (1) uses electroconvulsive therapy on another person;
1-22 or
1-23 (2) knowingly causes, conspires with another to cause,
1-24 or assists another to cause electroconvulsive therapy to be used on
2-1 a person <Unless the person consents to the use of the therapy in
2-2 accordance with Section 578.003, electroconvulsive therapy may not
2-3 be used on:>
2-4 <(1) a person who is 16 years of age or older and who
2-5 is voluntarily receiving mental health services; or>
2-6 <(2) an involuntary patient who is 16 years of age or
2-7 older and who has not been adjudicated by an appropriate court of
2-8 law as incompetent to manage the patient's personal affairs>.
2-9 (c) An offense under Subsection (a) is a misdemeanor
2-10 punishable by:
2-11 (1) a fine of not more than $10,000;
2-12 (2) confinement in jail for not more than 6 months; or
2-13 (3) both fine and confinement. <Electroconvulsive
2-14 therapy may not be used on an involuntary patient who is 16 years
2-15 of age or older and who has been adjudicated incompetent to manage
2-16 the patient's personal affairs unless the patient's guardian of the
2-17 person consents to the treatment in accordance with Section
2-18 578.003. The decision of the guardian must be based on knowledge
2-19 of what the patient would desire, if known.>
2-20 SECTION 3. Section 578.007, Health and Safety Code, is
2-21 amended to read as follows:
2-22 Sec. 578.007. REPORTS. (a) A mental hospital or facility
2-23 administering <electroconvulsive therapy,> psychosurgery,
2-24 pre-frontal sonic sound treatment, or any other convulsive or
2-25 coma-producing therapy administered to treat mental illness or a
2-26 physician administering the therapy on an outpatient basis shall
2-27 submit to the department quarterly reports relating to the
3-1 administration of the therapy in the hospital or facility or by the
3-2 physician.
3-3 (b) A report must state for each quarter:
3-4 (1) the number of patients who received the therapy,
3-5 including:
3-6 (A) the number of persons voluntarily receiving
3-7 mental health services who consented to the therapy;
3-8 (B) the number of involuntary patients who
3-9 consented to the therapy; and
3-10 (C) the number of involuntary patients for whom
3-11 a guardian of the person consented to the therapy;
3-12 (2) the age, sex, and race of the persons receiving
3-13 the therapy;
3-14 (3) the source of the treatment payment;
3-15 (4) the average number of <nonelectroconvulsive>
3-16 treatments;
3-17 (5) <the average number of electroconvulsive
3-18 treatments administered for each complete series of treatments, but
3-19 not including maintenance treatments;>
3-20 <(6) the average number of maintenance
3-21 electroconvulsive treatments administered per month;>
3-22 <(7)> the number of fractures, reported memory losses,
3-23 incidents of apnea, and cardiac arrests without death;
3-24 (6) <(8)> autopsy findings if death followed within 14
3-25 days after the date of the administration of the therapy; and
3-26 (7) <(9)> any other information required by the
3-27 department.
4-1 SECTION 4. Section 578.008(a), Health and Safety Code, is
4-2 amended to read as follows:
4-3 (a) The department shall use the information received under
4-4 Sections 578.006 and 578.007 to analyze, audit, and monitor the use
4-5 of <electroconvulsive therapy,> psychosurgery, pre-frontal sonic
4-6 sound treatment, or any other convulsive or coma-producing therapy
4-7 administered to treat mental illness.
4-8 SECTION 5. Sections 578.003, 578.004, 578.005, and 578.006,
4-9 Health and Safety Code, are repealed.
4-10 SECTION 6. (a) The change in law made by this Act applies
4-11 only to an offense committed on or after the effective date of this
4-12 Act. For purposes of this section, an offense is committed before
4-13 the effective date of this Act if any element of the offense occurs
4-14 before that date.
4-15 (b) An offense committed before the effective date of this
4-16 Act is covered by the law in effect when the offense was committed,
4-17 and the former law is continued in effect for that purpose.
4-18 SECTION 7. This Act takes effect September 1, 1995.
4-19 SECTION 8. 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.