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.
2-21 * * * * *