SRC-CDH S.B. 434 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 434
By: Harris
Health & Human Services
2-14-97
As Filed


DIGEST 

Currently, confusion exists regarding enforcement of regulations as they
apply to free-standing psychiatric hospitals and wings or units of acute
care hospitals providing psychiatric services. Presently, the Texas
Department of Health enforces regulations developed by the Texas
Department of Mental Health and Mental Retardation (TXMHMR).  This
legislation directs the Health and Human Services Commission to coordinate
the development and enforcement of these regulations. In addition, S.B.
434 creates an advisory committee on inpatient mental health services to
advise the Texas Board of Mental Health and Mental Retardation and TXMHMR
in the consideration and adoption of policies and regulations.    

PURPOSE

As proposed, S.B. 434 provides for a review of agency rulemaking by the
Health and Human Services Commission relating to mental health services in
certain facilities; and creates an advisory committee on inpatient mental
health services. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 531.034, Government Code, by adding Subsection
(d), to require the Health and Human Services Commission (commission) to
require the Texas Department of Health (TDH) and the Texas Department of
Mental Health and Mental Retardation (TXMHMR) to coordinate the
development of proposed rules and policies, and the 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 the commission to review these activities to
determine 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.
Requires the Texas Board of Mental Health and Mental Retardation (board)
to appoint a nine-member advisory committee for the purpose of advising
and assisting the board and TXMHMR in the promulgation and adoption of
departmental policies and regulations relating to inpatient mental health
facility services included within the scope of Sections 571.003(9)(B) and
(E).  Sets forth the composition, terms, and meeting times of the advisory
committee and its members.  

SECTION 3.  Sets forth the terms by which, as soon as practicable after
the effective date of this Act, the board is required to appoint nine
initial members of the advisory committee; and by which the members are
required to draw lots to determine the length of their terms. 

SECTION 4.  Effective date:  September 1, 1997.

SECTION 5.  Emergency clause.