By Thompson H.B. No. 570
75R1504 SKB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to convulsive or coma-inducing therapies and the
1-3 prohibition of electroconvulsive therapy; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 578.001, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 578.001. APPLICATION OF CHAPTER. This chapter applies
1-8 to the use of electroconvulsive therapy, psychosurgery, pre-frontal
1-9 sonic sound treatment, or any other convulsive or coma-inducing
1-10 therapy by any person, including a private physician who uses the
1-11 therapy on an outpatient basis.
1-12 SECTION 2. Chapter 578, Health and Safety Code, is amended
1-13 by adding Section 578.0015 to read as follows:
1-14 Sec. 578.0015. DEFINITION. In this chapter,
1-15 "electroconvulsive therapy" means a somatic treatment for a
1-16 psychiatric illness in which an electrical current is administered
1-17 to the brain and causes a seizure.
1-18 SECTION 3. Section 578.002, Health and Safety Code, is
1-19 amended to read as follows:
1-20 Sec. 578.002. USE OF ELECTROCONVULSIVE THERAPY PROHIBITED;
1-21 CRIMINAL PENALTY. (a) A person commits an offense if the person:
1-22 (1) uses electroconvulsive therapy on another person;
1-23 or
1-24 (2) knowingly causes, conspires with another to cause,
2-1 or assists another to cause electroconvulsive therapy to be used on
2-2 a person.
2-3 (b) An offense under Subsection (a) is a misdemeanor
2-4 punishable by:
2-5 (1) a fine of not more than $10,000;
2-6 (2) confinement in jail for not more than six months;
2-7 or
2-8 (3) both fine and confinement. [Electroconvulsive
2-9 therapy may not be used on a person who is younger than 16 years of
2-10 age.]
2-11 [(b) Unless the person consents to the use of the therapy in
2-12 accordance with Section 578.003, electroconvulsive therapy may not
2-13 be used on:]
2-14 [(1) a person who is 16 years of age or older and who
2-15 is voluntarily receiving mental health services; or]
2-16 [(2) an involuntary patient who is 16 years of age or
2-17 older and who has not been adjudicated by an appropriate court of
2-18 law as incompetent to manage the patient's personal affairs.]
2-19 [(c) Electroconvulsive therapy may not be used on an
2-20 involuntary patient who is 16 years of age or older and who has
2-21 been adjudicated incompetent to manage the patient's personal
2-22 affairs unless the patient's guardian of the person consents to the
2-23 treatment in accordance with Section 578.003. The decision of the
2-24 guardian must be based on knowledge of what the patient would
2-25 desire, if known.]
2-26 SECTION 4. Section 578.007, Health and Safety Code, is
2-27 amended to read as follows:
3-1 Sec. 578.007. REPORTS. (a) A mental hospital or facility
3-2 administering [electroconvulsive therapy,] psychosurgery,
3-3 pre-frontal sonic sound treatment, or any other convulsive or
3-4 coma-producing therapy administered to treat mental illness or a
3-5 physician administering the therapy on an outpatient basis shall
3-6 submit to the department quarterly reports relating to the
3-7 administration of the therapy in the hospital or facility or by the
3-8 physician.
3-9 (b) A report must state for each quarter:
3-10 (1) the number of patients who received the therapy,
3-11 including:
3-12 (A) the number of persons voluntarily receiving
3-13 mental health services who consented to the therapy;
3-14 (B) the number of involuntary patients who
3-15 consented to the therapy; and
3-16 (C) the number of involuntary patients for whom
3-17 a guardian of the person consented to the therapy;
3-18 (2) the age, sex, and race of the persons receiving
3-19 the therapy;
3-20 (3) the source of the treatment payment;
3-21 (4) the average number of [nonelectroconvulsive]
3-22 treatments;
3-23 (5) [the average number of electroconvulsive
3-24 treatments administered for each complete series of treatments, but
3-25 not including maintenance treatments;]
3-26 [(6) the average number of maintenance
3-27 electroconvulsive treatments administered per month;]
4-1 [(7)] the number of fractures, reported memory losses,
4-2 incidents of apnea, and cardiac arrests without death;
4-3 (6) [(8)] autopsy findings if death followed within 14
4-4 days after the date of the administration of the therapy; and
4-5 (7) [(9)] any other information required by the
4-6 department.
4-7 SECTION 5. Section 578.008(a), Health and Safety Code, is
4-8 amended to read as follows:
4-9 (a) The department shall use the information received under
4-10 Section [Sections 578.006 and] 578.007 to analyze, audit, and
4-11 monitor the use of [electroconvulsive therapy,] psychosurgery,
4-12 pre-frontal sonic sound treatment, or any other convulsive or
4-13 coma-producing therapy administered to treat mental illness.
4-14 SECTION 6. Sections 578.003, 578.004, 578.005, and 578.006,
4-15 Health and Safety Code, are repealed.
4-16 SECTION 7. (a) The change in law made by this Act applies
4-17 only to an offense committed on or after the effective date of this
4-18 Act. For purposes of this section, an offense is committed before
4-19 the effective date of this Act if any element of the offense occurs
4-20 before that date.
4-21 (b) An offense committed before the effective date of this
4-22 Act is covered by the law in effect when the offense was committed,
4-23 and the former law is continued in effect for that purpose.
4-24 SECTION 8. This Act takes effect September 1, 1997.
4-25 SECTION 9. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.