AN ACT
1-1 relating to the treatment of persons with mental illness.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 571.0065, Health and Safety Code, is
1-4 amended to read as follows:
1-5 Sec. 571.0065. TREATMENT METHODS [ADVISORY COMMITTEE].
1-6 (a) The board by rule may adopt procedures for [shall appoint] an
1-7 advisory committee to review [on] treatment methods for persons
1-8 with mental illness [standards that is composed of at least the
1-9 following persons:]
1-10 [(1) one licensed psychiatrist;]
1-11 [(2) one licensed psychologist;]
1-12 [(3) one certified social worker;]
1-13 [(4) one licensed professional counselor;]
1-14 [(5) one licensed chemical dependency counselor;]
1-15 [(6) one licensed occupational therapist;]
1-16 [(7) two persons who have received mental health
1-17 services, either voluntarily or involuntarily;]
1-18 [(8) one member from each of two private associations
1-19 of persons who advocate on the behalf of or in the interest of
1-20 persons with mental illness; and]
1-21 [(9) one person who has practiced rage therapy, trust
1-22 development therapy, or rough signing as part of a professional
1-23 practice for which the person is properly licensed or certified].
2-1 (b) [The board may appoint additional members as it
2-2 considers appropriate.]
2-3 [(c) The committee shall:]
2-4 [(1) review treatment methods used in mental health
2-5 facilities;]
2-6 [(2) recommend to the board the treatment methods that
2-7 should not be allowed, such as "rage therapy," "trust development
2-8 therapy," "rough signing," and any other treatment method that the
2-9 committee determines is physically or emotionally abusive and not
2-10 clearly defined in established, professionally accepted clinical
2-11 standards; and]
2-12 [(3) consider reports from state agencies on possible
2-13 abusive treatment methods and on complaints relating to treatment
2-14 methods.]
2-15 [(d) The committee shall meet at least once every six
2-16 months.]
2-17 [(e) The board shall either adopt by rule or reject a
2-18 committee recommendation not later than the 120th day after the
2-19 date on which the recommendation is made. A standard established
2-20 by rule under this section that applies to a private mental
2-21 hospital may not be less restrictive than a standard that applies
2-22 to a state mental hospital.]
2-23 [(f)] A state agency that has knowledge of or receives a
2-24 complaint relating to an abusive treatment method shall report that
2-25 knowledge or forward a copy of the complaint to the board
3-1 [committee].
3-2 (c) [(g)] A mental health facility, physician, or other
3-3 mental health professional is not liable for an injury or other
3-4 damages sustained by a person as a result of the failure of the
3-5 facility, physician, or professional to administer or perform a
3-6 treatment prohibited by statute or rules adopted by the board
3-7 [under this section or that the board specifically refuses by rule
3-8 to prohibit or authorize].
3-9 (d) The board shall report annually to the governor,
3-10 lieutenant governor, speaker of the house of representatives,
3-11 Senate Health and Human Services Committee, and House Public Health
3-12 Committee on the treatment methods reviewed under this section and
3-13 the findings and recommendations made regarding each reviewed
3-14 treatment method.
3-15 SECTION 2. Subsection (a), Section 572.0022, Health and
3-16 Safety Code, is amended to read as follows:
3-17 (a) A mental health facility shall provide to a patient in
3-18 the patient's primary language, if possible, and in accordance with
3-19 board rules [adopted under Section 571.0065] information relating
3-20 to prescription medication ordered by the patient's treating
3-21 physician.
3-22 SECTION 3. Subsection (a), Section 574.0415, Health and
3-23 Safety Code, is amended to read as follows:
3-24 (a) A mental health facility shall provide to a patient in
3-25 the patient's primary language, if possible, and in accordance with
4-1 board rules [adopted under Section 571.0065] information relating
4-2 to prescription medication ordered by the patient's treating
4-3 physician.
4-4 SECTION 4. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended,
4-9 and that this Act take effect and be in force from and after its
4-10 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 264 passed the Senate on
February 17, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 264 passed the House on
May 13, 1997, by the following vote: Yeas 143, Nays 0, two present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor