75R9510 JJT-F
By Harris S.B. No. 434
Substitute the following for S.B. No. 434:
By Berlanga C.S.S.B. No. 434
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision and coordination of certain mental health
1-3 services provided in certain facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1-6 amended by adding Section 531.0345 to read as follows:
1-7 Sec. 531.0345. COORDINATION ON INPATIENT MENTAL HEALTH
1-8 ISSUES; COMMISSION REVIEW. (a) The commission shall require the
1-9 Texas Department of Health and the Texas Department of Mental
1-10 Health and Mental Retardation to coordinate activities related to
1-11 the development of proposed policies and other rules and the
1-12 interpretation and enforcement of adopted policies and other rules
1-13 that relate to mental health services in a facility described by
1-14 Section 571.003(9)(B) or (E), Health and Safety Code.
1-15 (b) The commission shall review the activities described by
1-16 Subsection (a) to ensure that the Texas Department of Health and
1-17 the Texas Department of Mental Health and Mental Retardation comply
1-18 with this section.
1-19 SECTION 2. Chapter 571, Health and Safety Code, is amended
1-20 by adding Section 571.027 to read as follows:
1-21 Sec. 571.027. ADVISORY COMMITTEE ON INPATIENT MENTAL HEALTH
1-22 SERVICES. (a) The board shall appoint an advisory committee on
1-23 inpatient mental health services to advise the board on:
1-24 (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
2-26 Health. The representatives may address the advisory committee on
2-27 any issue relevant to a matter before the advisory committee, but
3-1 the representatives may not vote on any matter. The Texas Board of
3-2 Health shall consider designating an inpatient mental health
3-3 facility surveyor or investigator to be a representative under this
3-4 subsection.
3-5 (d) Except for persons who represent the Texas Department of
3-6 Health designated under Subsection (c), members of the advisory
3-7 committee serve staggered four-year terms. A member's term expires
3-8 on August 31 of the fourth year following the member's appointment.
3-9 (e) The board shall fill vacancies on the board in the same
3-10 manner as the original appointment.
3-11 (f) The committee shall meet not fewer than four times each
3-12 calendar year.
3-13 SECTION 3. (a) As soon as practicable after the effective
3-14 date of this Act, the Texas Board of Mental Health and Mental
3-15 Retardation shall appoint nine initial members to the advisory
3-16 committee on inpatient mental health services created under Section
3-17 571.027, Health and Safety Code, as added by this Act.
3-18 (b) Notwithstanding Section 571.027(d), as added by this
3-19 Act, at the first meeting of the advisory committee on inpatient
3-20 mental health services appointed under this section, the members of
3-21 the committee shall draw lots to determine the lengths of their
3-22 terms so that four of the members serve a term that expires August
3-23 31, 1999, and five of the members serve a term that expires August
3-24 31, 2001.
3-25 SECTION 4. The advisory committee on inpatient mental health
3-26 services created under Section 571.027, Health and Safety Code, as
3-27 added by this Act, is abolished on September 1, 2001, unless before
4-1 that date the Texas Board of Mental Health and Mental Retardation
4-2 adopts an order continuing the committee in existence. The board
4-3 may rescind the order at any time and if the order is rescinded,
4-4 the advisory committee is abolished.
4-5 SECTION 5. This Act takes effect September 1, 1997.
4-6 SECTION 6. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.