SRC-JFA S.B. 1309 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1309
By: Patterson
Health & Human Services
4-21-97
As Filed


DIGEST 

Currently, electroconvulsive therapy is permissable in Texas.  Recent
information regarding possible unscrupulous use of electroconvulsive
treatment for those over 65 have 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

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

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Mental Health
and Mental Retardation in SECTION 1 (Section 578.003, Health and Safety
Code) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 578.001, 578.002, and 578.003, Health and
Safety Code, as follows: 

Sec. 578.001.  APPLICATION.  Provides that this chapter applies to the use
of, among other therapies, psychosurgery, pre-frontal sonic sound
treatment, or any other convulsive or comainducing therapy by any person.
Defines "electroconvulsive therapy."  Makes a conforming change.   

Sec. 578.002.  USE OF ELECTROCONVULSIVE THERAPY.  Prohibits
electroconvulsive therapy from being used on a person who is 65 years of
age or older.  Prohibits electroconvulsive therapy, unless the person
consents to the use of the therapy in accordance with Section 578.003,
from being used on a person who is 16 years of age or older but who is
younger than 65 years of age and who is voluntarily receiving mental
health services; or an involuntary patient who is 16 years of age or older
but who is younger than 65 years of age and who has not been adjudicated
by an appropriate court of law as incompetent to manage the patient's
personal affairs.  Makes conforming changes.   

Sec. 578.003.  CONSENT TO THERAPY.  Requires the Texas Department of
Mental Health and Mental Retardation (department), rather than the Texas
Board of Mental Health and Mental Retardation (board), by rule, to adopt a
standard written consent form to be used when electroconvulsive therapy is
considered.  Requires the written form to clearly state and explicitly
state, among other items, the nature, degree, duration, and probability of
the side effects and significant risks of the treatment commonly known by
the medical profession, especially noting the possible degree and duration
of memory loss, the possibility of permanent irrevocable memory loss, and
the possibility, rather than remote possibility, of death; and that
autopsies are required after all deaths following procedures listed in
Section 578.001(a) when death occurs within 14 days after a procedure and
state that consent for these procedures includes consent for an autopsy
within that time period.  Requires the hospital, facility, or physician
administering the therapy, before a patient receives each
electroconvulsive treatment, to ensure that, if multiple monitored
electroconvulsive therapy  is to be used, the patient or the patient's
guardian of the person has gained the agreement of two other concurring
psychiatrists that the procedure is vital and necessary and has obtained
the dated signatures of those psychiatrists at the bottom of the consent
form; the patient or the patient's guardian of the person has received the
opinion of a nonsurgical, nonpsychiatric doctor who is not involved in the
administration of electroconvulsive therapy that the procedure will not
cause significant injury or death to the patient; and the signed copy of
the consent form is made a part of the patient's clinical record.  Makes
conforming changes.  

SECTION 2. Amends Section 578.007(b), Health and Safety Code, to require a
report for each quarter to state, among other items, the number of deaths
following electroconvulsive therapy, or other therapies listed in Section
578.001(a), at 14 days, one month, and three months; and autopsy findings,
with emphasis on brain tissue, if death followed within 14 days after the
date of the administration of any of the procedures listed in Section
578.001(a).  Makes conforming changes.  

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.