BG C.S.S.B. 434 75(R)BILL ANALYSIS


PUBLIC HEALTH
C.S.S.B. 434
By: Harris (Berlanga)
3-19-97
Committee Report (Substituted)

BACKGROUND 

Confusion exists regarding enforcement of regulations as they apply to
free-standing psychiatric hospitals and to wings or units of acute care
hospitals providing psychiatric services.  Presently, the Texas Department
of Health (TDH) enforces regulations developed by the Texas Department of
Mental Health and Mental Retardation (TXMHMR).   

PURPOSE

C.S.S.B. 434 directs the Health and Human Services Commission (HHSC) to
coordinate the development and enforcement of  regulations developed by
TXMHMR.  In addition, this legislation creates an advisory committee on
inpatient mental health services to advise the Texas Board of Mental
Health and Mental Retardation and the TXMHMR in the consideration and
adoption of policies and regulations.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 531, Government Code, by adding
Section 531.0345 as follows:  

Sec. 531.0345.  COORDINATION ON INPATIENT MENTAL HEALTH ISSUES; COMMISSION
REVIEW.  Requires HHSC to require TDH and TXMHMR to coordinate the
development of proposed rules and policies, and the interpretation and
enforcement of adopted rules and policies, relating to inpatient mental
health facility services, included within the scope of Sections
571.003(9)(B) and (E), Health and Safety Code.  Requires HHSC to review
these activities to ensure compliance by TDH and TXMHMR.   

SECTION 2.  Amends Chapter 571, Health and Safety Code, by adding Section
571.027, as follows: 

Sec. 571.027.  ADVISORY COMMITTEE ON INPATIENT MENTAL HEALTH SERVICES.
Subsection (a)  requires the Texas Board of Mental Health and Mental
Retardation (board) to appoint a committee on inpatient mental health to
advise the board as specified on issues and policies, interdepartmental
communication, and training for facility surveyors or investigators. 

Subsection (b) requires the board to appoint the following to the advisory
committee: (1) three representatives of hospitals, as specified; (2) three
consumers of mental health services, as specified; (3) two licensed
physicians as specified; (4) one family member of a person who has
received mental health services as specified. 

Subsection (c) requires the Texas Board of Health to provide the advisory
committee with two persons representing TDH. Stipulates that the TDH
representatives may address any issue before the advisory committee, but
may not vote on any matter. Requires the Texas  Board of Health to
consider designating an inpatient facility surveyor or investigator to be
a representative. 

 Subsection (d) establishes that, except for the TDH representatives,
advisory committee members serve staggered four-year terms.  Establishes
that a member's term expires on August 31 of the fourth year following
appointment.  

Subsection (e) requires the board to fill vacancies in the same manner as
the original appointment.  

Subsection (f) requires the advisory committee to meet at least four times
a calendar year. 

SECTION 3.  Requires the board to appoint nine initial members to the
advisory committee as soon as practicable after the effective date of this
Act. Requires the members of the committee to draw lots determining the
length of their terms as specified.  Establishes that four of the initial
members serve for terms expiring August 31, 1999, and five of the initial
members serve terms expiring on August 31, 2001. 

SECTION 4.  Abolishes the advisory committee on inpatient mental health
services created under Section 571.027. Health and Safety Code, as added
by this Act on September 1, 2001 unless the board adopts an order
continuing the committee in existence. Allows the board to rescind the
order at any time and stipulates that if the order is rescinded, the
committee would be abolished.  

SECTION 5.  Establishes the effective date as September 1, 1997. 

SECTION 6.  Emergency clause.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

The caption to the bill has been changed in CSSB 434 to omit reference to
the the review of agency rulemaking by HHSC and the creation of an
inpatient mental health services advisory committee. 

In SECTION 1, CSSB 434 clarifies the manner by which it amends Subchapter
B, Chapter 531, Government Code, by creating Section 531.045 with
subsections (a) and (b) instead of placing bi-purposeful text in  Sec.
531.04(d) as was in the original bill. Language was also changed to
clarify that HHSC should review the described activities to ensure
compliance, not just to determine compliance. 

The substitute bill revises the wording in SECTION 2 (Sec. 571.027(a),
Health and Safety Code) to omit reference to the advisory committee being
composed of nine-members and to specify its advising duties. CSSB 434 also
revises the language used in the composition breakdown of the committee as
provided in subsection (b) so as to clarify that they are all required to
be appointed by the board. Also replaced in subsection (b) is the
reference to two hospital representatives and subsequent consumer criteria
involving association with a private or general hospital with the
requirement that they represent a facility described by Section
571.003(9)(B) or (E). The composition of the committee has been revised in
the substitute bill so as to include a family member, two physicians,
instead of one, and remove the TDH member.  Subsection (c) is inserted
into in the substitute bill to add the provision for the two non-voting
representatives from the board. Subsection (d) clarifies that the two
non-voting representatives are excepted from the term limitations as
applied to the other appointed members, and language describing the
specifics of term expirations is omitted. Also, CSSB 434 adds the
stipulation in subsection (e) that vacancies on the advisory committee be
filled in the same manner as the original appointments.  

SECTION 3 of the substitute bill is reformatted to include two subsections
and conform with the changes made in SECTION 2.  

 CSSB 434 inserts a new SECTION 4 to provide for the abolishment of the
advisory committee as specified, then renumbers the original bill's
previous SECTION 4 and its subsequent section to SECTION 5 and 6
accordingly.