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.