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.