By Zaffirini                                     S.B. No. 264

      75R2062 SKB-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the treatment of persons with mental illness.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 571.0065, Health and Safety Code, is

 1-5     amended to read as follows:

 1-6           Sec. 571.0065.  TREATMENT METHODS [ADVISORY COMMITTEE].  (a)

 1-7     The board by rule may adopt procedures for [shall appoint] an

 1-8     advisory committee to review [on] treatment methods for persons

 1-9     with mental illness [standards that is composed of at least the

1-10     following persons:]

1-11                 [(1)  one licensed psychiatrist;]

1-12                 [(2)  one licensed psychologist;]

1-13                 [(3)  one certified social worker;]

1-14                 [(4)  one licensed professional counselor;]

1-15                 [(5)  one licensed chemical dependency counselor;]

1-16                 [(6)  one licensed occupational therapist;]

1-17                 [(7)  two persons who have received mental health

1-18     services, either voluntarily or involuntarily;]

1-19                 [(8)  one member from each of two private associations

1-20     of persons who advocate on the behalf of or in the interest of

1-21     persons with mental illness; and]

1-22                 [(9)  one person who has practiced rage therapy, trust

1-23     development therapy, or rough signing as part of a professional

1-24     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

2-26     [committee].

2-27           (c) [(g)]  A mental health facility, physician, or other

 3-1     mental health professional is not liable for an injury or other

 3-2     damages sustained by a person as a result of the failure of the

 3-3     facility, physician, or professional to administer or perform a

 3-4     treatment prohibited by statute or rules adopted by the board

 3-5     [under this section or that the board specifically refuses by rule

 3-6     to prohibit or authorize].

 3-7           SECTION 2.  Section 572.0022(a), Health and Safety Code, is

 3-8     amended to read as follows:

 3-9           (a)  A mental health facility shall provide to a patient in

3-10     the patient's primary language, if possible, and in accordance with

3-11     board rules [adopted under Section 571.0065] information relating

3-12     to prescription medication ordered by the patient's treating

3-13     physician.

3-14           SECTION 3.  Section 574.0415(a), Health and Safety Code, is

3-15     amended to read as follows:

3-16           (a)  A mental health facility shall provide to a patient in

3-17     the patient's primary language, if possible, and in accordance with

3-18     board rules [adopted under Section 571.0065] information relating

3-19     to prescription medication ordered by the patient's treating

3-20     physician.

3-21           SECTION 4.  The importance of this legislation and the

3-22     crowded condition of the calendars in both houses create an

3-23     emergency and an imperative public necessity that the

3-24     constitutional rule requiring bills to be read on three several

3-25     days in each house be suspended, and this rule is hereby suspended,

3-26     and that this Act take effect and be in force from and after its

3-27     passage, and it is so enacted.