BG S.B. 264 75(R)BILL ANALYSIS PUBLIC HEALTH S.B. 264 By: Zaffirini (Berlanga) 4-30-97 Committee Report (Unamended) BACKGROUND In response to abuses uncovered at private psychiatric hospitals, the 73rd Legislature authorized the Texas Board of Mental Health and Mental Retardation (MHMR board) to appoint an advisory committee to review extreme therapies and to recommend appropriate mental health treatment methods or prohibition of those that are abusive. The Treatment Methods Advisory Committee was established to study treatment standards and act as a clearinghouse for consumer complaints. After accomplishing its charge and making recommendations that extreme practices such as "rage therapy" are not legitimate, the committee unanimously requested that it be dissolved. The MHMR board has agreed to assume responsibility for the discussion and analysis of these kinds of issues through its Medical Advisory Committee. PURPOSE S.B. 264 authorizes the Texas Board of Mental Health and Mental Retardation to adopt procedures for an advisory committee to review treatment methods for persons with mental illness. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the Texas Board of Mental Health and Mental Retardation in SECTION 1 (Section 571.0065, Health and Safety Code), and references to this new rulemaking authority are in SECTION 2 and in SECTION 3 (Sec. 572.0022 and Sec. 574.0415, Health and Safety Code). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 571.0065, Health and Safety Code, as follows: Sec. 571.0065. New heading: TREATMENT METHODS. Revises language to allow the Texas Board of Mental Health and Mental Retardation (board), by rule, to adopt procedures for an advisory committee to review treatment methods for persons with mental illness, rather than being required to appoint an advisory committee on treatment standards composed of certain persons to review and recommend treatment methods used in mental health facilities. Deletes the provision requiring the board to either adopt, by rule, or reject a committee recommendation. Adds new provision that requires the board to report annually as specified. Makes conforming changes. SECTION 2. Amends Section 572.0022(a), Health and Safety Code, to make a conforming change. SECTION 3. Amends Section 574.0415(a), Health and Safety Code, to make a conforming change. SECTION 4. Emergency clause. Establishes that this Act takes effect upon passage.