BG S.B. 1309 75(R)BILL ANALYSIS



PUBLIC HEALTH
S.B. 1309
By: Patterson, Jerry (Thompson)
5-14-97
Committee Report (Unamended)


BACKGROUND 

Currently, electroconvulsive therapy is permissible in Texas.  Recent
information regarding possible unscrupulous use of electroconvulsive
treatment for those over 65 has suggested the possibility of the need to
add increased protections for that population.  This bill would create an
additional consent procedure which ensures that those patients 65 or older
will have all the information they need to make informed decisions.   

PURPOSE

S.B. 1309 revises the consent procedure for the use of electroconvulsive
therapy on patients 65 or older.   

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 Section 578.003, Health and Safety Code, by amending
Subsections (b) and (c), and by adding Subsection (e), as follows:    

Subsection (b)  clarifies that the written consent form must clearly and
explicitly state certain risks and procedures, including the possibility,
rather than remote possibility, of death.  

Subsection (c)  adds language to clarify that the signed copy "of the
consent form" is to be made part of the patient's clinical record. 

Subsection (e) requires the hospital, facility, or physician administering
the therapy, before the beginning of each treatment series for a patient
65 years of age or older, to ensure that two physicians have signed an
appropriate form which states the procedure is medically necessary; that
this form has been made available to the patient or patient's guardian;
and the patient or patient's guardian has been informed of any current
medical condition that may put the patient at an increased risk of injury
or death as a result of the treatment.  

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.