By:  Patterson                                        S.B. No. 1309

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the regulation of the use of electroconvulsive therapy.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Section 578.003, Health and Safety Code, is

 1-4     amended by amending Subsections (b) and (c) and by adding

 1-5     Subsection (e) to read as follows:

 1-6           (b)  The written consent form must clearly and explicitly

 1-7     state:

 1-8                 (1)  the nature and purpose of the procedure;

 1-9                 (2)  the nature, degree, duration, and probability of

1-10     the side effects and significant risks of the treatment commonly

1-11     known by the medical profession, especially noting the possible

1-12     degree and duration of memory loss, the possibility of permanent

1-13     irrevocable memory loss, and the [remote] possibility of death;

1-14                 (3)  that there is a division of opinion as to the

1-15     efficacy of the procedure; and

1-16                 (4)  the probable degree and duration of improvement or

1-17     remission expected with or without the procedure.

1-18           (c)  Before a patient receives each electroconvulsive

1-19     treatment, the hospital, facility, or physician administering the

1-20     therapy shall ensure that:

1-21                 (1)  the patient and the patient's guardian of the

1-22     person, if any, receives a written copy of the consent form that is

1-23     in the person's primary language, if possible;

 2-1                 (2)  the patient and the patient's guardian of the

 2-2     person, if any, receives a written supplement that contains related

 2-3     information that pertains to the particular patient being treated;

 2-4                 (3)  the contents of the consent form and the written

 2-5     supplement are explained to the patient and the patient's guardian

 2-6     of the person, if any:

 2-7                       (A)  orally, in simple, nontechnical terms in the

 2-8     person's primary language, if possible; or

 2-9                       (B)  through the use of a means reasonably

2-10     calculated to communicate with a hearing impaired or visually

2-11     impaired person, if applicable;

2-12                 (4)  the patient or the patient's guardian of the

2-13     person, as appropriate, signs a copy of the consent form stating

2-14     that the person has read the consent form and the written

2-15     supplement and understands the information included in the

2-16     documents; and

2-17                 (5)  the signed copy of the consent form is made a part

2-18     of the patient's clinical record.

2-19           (e)  For a patient 65 years of age or older, before each

2-20     treatment series begins, the hospital, facility, or physician

2-21     administering the procedure shall:

2-22                 (1)  ensure that two physicians have signed an

2-23     appropriate form that states the procedure is medically necessary;

2-24                 (2)  make the form described by Subdivision (1)

2-25     available to the patient or the patient's guardian of the person;

 3-1     and

 3-2                 (3)  inform the patient or the patient's guardian of

 3-3     the person of any known current medical condition that may increase

 3-4     the possibility of injury or death as a result of the treatment.

 3-5           SECTION 2.  This Act takes effect September 1, 1997.

 3-6           SECTION 3.  The importance of this legislation and the

 3-7     crowded condition of the calendars in both houses create an

 3-8     emergency and an imperative public necessity that the

 3-9     constitutional rule requiring bills to be read on three several

3-10     days in each house be suspended, and this rule is hereby suspended.