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.