1-1           By:  Zaffirini                                   S.B. No. 264

 1-2           (In the Senate - Filed January 22, 1997; January 23, 1997,

 1-3     read first time and referred to Committee on Health and Human

 1-4     Services; February 12, 1997, reported favorably by the following

 1-5     vote:  Yeas 11, Nays 0; February 12, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the treatment of persons with mental illness.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Section 571.0065, Health and Safety Code, is

1-11     amended to read as follows:

1-12           Sec. 571.0065.  TREATMENT METHODS [ADVISORY COMMITTEE].

1-13     (a)  The board by rule may adopt procedures for [shall appoint] an

1-14     advisory committee to review [on] treatment methods for persons

1-15     with mental illness [standards that is composed of at least the

1-16     following persons:]

1-17                 [(1)  one licensed psychiatrist;]

1-18                 [(2)  one licensed psychologist;]

1-19                 [(3)  one certified social worker;]

1-20                 [(4)  one licensed professional counselor;]

1-21                 [(5)  one licensed chemical dependency counselor;]

1-22                 [(6)  one licensed occupational therapist;]

1-23                 [(7)  two persons who have received mental health

1-24     services, either voluntarily or involuntarily;]

1-25                 [(8)  one member from each of two private associations

1-26     of persons who advocate on the behalf of or in the interest of

1-27     persons with mental illness; and]

1-28                 [(9)  one person who has practiced rage therapy, trust

1-29     development therapy, or rough signing as part of a professional

1-30     practice for which the person is properly licensed or certified].

1-31           (b)  [The board may appoint additional members as it

1-32     considers appropriate.]

1-33           [(c)  The committee shall:]

1-34                 [(1)  review treatment methods used in mental health

1-35     facilities;]

1-36                 [(2)  recommend to the board the treatment methods that

1-37     should not be allowed, such as "rage therapy," "trust development

1-38     therapy," "rough signing," and any other treatment method that the

1-39     committee determines is physically or emotionally abusive and not

1-40     clearly defined in established, professionally accepted clinical

1-41     standards; and]

1-42                 [(3)  consider reports from state agencies on possible

1-43     abusive treatment methods and on complaints relating to treatment

1-44     methods.]

1-45           [(d)  The committee shall meet at least once every six

1-46     months.]

1-47           [(e)  The board shall either adopt by rule or reject a

1-48     committee recommendation not later than the 120th day after the

1-49     date on which the recommendation is made.  A standard established

1-50     by rule under this section that applies to a private mental

1-51     hospital may not be less restrictive than a standard that applies

1-52     to a state mental hospital.]

1-53           [(f)]  A state agency that has knowledge of or receives a

1-54     complaint relating to an abusive treatment method shall report that

1-55     knowledge or forward a copy of the complaint to the board

1-56     [committee].

1-57           (c) [(g)]  A mental health facility, physician, or other

1-58     mental health professional is not liable for an injury or other

1-59     damages sustained by a person as a result of the failure of the

1-60     facility, physician, or professional to administer or perform a

1-61     treatment prohibited by statute or rules adopted by the board

1-62     [under this section or that the board specifically refuses by rule

1-63     to prohibit or authorize].

1-64           SECTION 2.  Subsection (a), Section 572.0022, Health and

 2-1     Safety Code, is amended to read as follows:

 2-2           (a)  A mental health facility shall provide to a patient in

 2-3     the patient's primary language, if possible, and in accordance with

 2-4     board rules [adopted under Section 571.0065] information relating

 2-5     to prescription medication ordered by the patient's treating

 2-6     physician.

 2-7           SECTION 3.  Subsection (a), Section 574.0415, Health and

 2-8     Safety Code, is amended to read as follows:

 2-9           (a)  A mental health facility shall provide to a patient in

2-10     the patient's primary language, if possible, and in accordance with

2-11     board rules [adopted under Section 571.0065] information relating

2-12     to prescription medication ordered by the patient's treating

2-13     physician.

2-14           SECTION 4.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended,

2-19     and that this Act take effect and be in force from and after its

2-20     passage, and it is so enacted.

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