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.