AN ACT
1-1 relating to the provision and coordination of certain mental health
1-2 services provided in certain facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1-5 amended by adding Section 531.0345 to read as follows:
1-6 Sec. 531.0345. COORDINATION ON INPATIENT MENTAL HEALTH
1-7 ISSUES; COMMISSION REVIEW. (a) The commission shall require the
1-8 Texas Department of Health and the Texas Department of Mental
1-9 Health and Mental Retardation to coordinate activities related to
1-10 the development of proposed policies and other rules and the
1-11 interpretation and enforcement of adopted policies and other rules
1-12 that relate to mental health services in a facility described by
1-13 Section 571.003(9)(B) or (E), Health and Safety Code.
1-14 (b) The commission shall review the activities described by
1-15 Subsection (a) to ensure that the Texas Department of Health and
1-16 the Texas Department of Mental Health and Mental Retardation comply
1-17 with this section.
1-18 SECTION 2. Chapter 571, Health and Safety Code, is amended
1-19 by adding Section 571.027 to read as follows:
1-20 Sec. 571.027. ADVISORY COMMITTEE ON INPATIENT MENTAL HEALTH
1-21 SERVICES. (a) The board shall appoint an advisory committee on
1-22 inpatient mental health services to advise the board on:
1-23 (1) issues and policies related to the provision of
2-1 mental health services in a facility described by Section
2-2 571.003(9)(B) or (E);
2-3 (2) coordination and communication between the
2-4 department, the Texas Department of Health, and facilities
2-5 described by Section 571.003(9)(B) or (E) to address consistency
2-6 between the agencies in interpretation and enforcement of agency
2-7 policies and other rules; and
2-8 (3) training for inpatient mental health facility
2-9 surveyors or investigators.
2-10 (b) The board shall appoint to the committee:
2-11 (1) three representatives of hospitals, at least two
2-12 of whom represent a facility described by Section 571.003(9)(B) or
2-13 (E);
2-14 (2) three consumers of mental health services, each of
2-15 whom has received treatment in a facility described by Section
2-16 571.003(9)(B) or (E);
2-17 (3) two physicians licensed under the Medical Practice
2-18 Act (Article 4495b, Vernon's Texas Civil Statutes), who practice
2-19 psychiatry and are board certified in psychiatry, at least one of
2-20 whom is board certified in child and adolescent psychiatry; and
2-21 (4) one family member of a person who has been a
2-22 consumer of mental health services provided by a facility described
2-23 by Section 571.003(9)(B) or (E).
2-24 (c) The Texas Board of Health shall provide the advisory
2-25 committee with two persons to represent the Texas Department of
3-1 Health. The representatives may address the advisory committee on
3-2 any issue relevant to a matter before the advisory committee, but
3-3 the representatives may not vote on any matter. The Texas Board of
3-4 Health shall consider designating an inpatient mental health
3-5 facility surveyor or investigator to be a representative under this
3-6 subsection.
3-7 (d) Except for persons who represent the Texas Department of
3-8 Health designated under Subsection (c), members of the advisory
3-9 committee serve staggered four-year terms. A member's term expires
3-10 on August 31 of the fourth year following the member's appointment.
3-11 (e) The board shall fill vacancies on the board in the same
3-12 manner as the original appointment.
3-13 (f) The committee shall meet not fewer than four times each
3-14 calendar year.
3-15 SECTION 3. (a) As soon as practicable after the effective
3-16 date of this Act, the Texas Board of Mental Health and Mental
3-17 Retardation shall appoint nine initial members to the advisory
3-18 committee on inpatient mental health services created under Section
3-19 571.027, Health and Safety Code, as added by this Act.
3-20 (b) Notwithstanding Subsection (d), Section 571.027, as
3-21 added by this Act, at the first meeting of the advisory committee
3-22 on inpatient mental health services appointed under this section,
3-23 the members of the committee shall draw lots to determine the
3-24 length of their terms so that four of the members serve a term
3-25 that expires August 31, 1999, and five of the members serve a term
4-1 that expires August 31, 2001.
4-2 SECTION 4. The advisory committee on inpatient mental health
4-3 services created under Section 571.027, Health and Safety Code, as
4-4 added by this Act, is abolished on September 1, 2001, unless before
4-5 that date the Texas Board of Mental Health and Mental Retardation
4-6 adopts an order continuing the committee in existence. The board
4-7 may rescind the order at any time, and if the order is rescinded,
4-8 the advisory committee is abolished.
4-9 SECTION 5. This Act takes effect September 1, 1997.
4-10 SECTION 6. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 434 passed the Senate on
February 26, 1997, by the following vote: Yeas 31, Nays 0; and
that the Senate concurred in House amendment on May 29, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 434 passed the House, with
amendment, on May 25, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor