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.