1-1 By: Patterson S.B. No. 1309
1-2 (In the Senate - Filed March 12, 1997; March 18, 1997, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 May 5, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 1; May 5, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1309 By: Patterson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of the use of electroconvulsive therapy.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 578.003, Health and Safety Code, is
1-13 amended by amending Subsections (b) and (c) and by adding
1-14 Subsection (e) to read as follows:
1-15 (b) The written consent form must clearly and explicitly
1-16 state:
1-17 (1) the nature and purpose of the procedure;
1-18 (2) the nature, degree, duration, and probability of
1-19 the side effects and significant risks of the treatment commonly
1-20 known by the medical profession, especially noting the possible
1-21 degree and duration of memory loss, the possibility of permanent
1-22 irrevocable memory loss, and the [remote] possibility of death;
1-23 (3) that there is a division of opinion as to the
1-24 efficacy of the procedure; and
1-25 (4) the probable degree and duration of improvement or
1-26 remission expected with or without the procedure.
1-27 (c) Before a patient receives each electroconvulsive
1-28 treatment, the hospital, facility, or physician administering the
1-29 therapy shall ensure that:
1-30 (1) the patient and the patient's guardian of the
1-31 person, if any, receives a written copy of the consent form that is
1-32 in the person's primary language, if possible;
1-33 (2) the patient and the patient's guardian of the
1-34 person, if any, receives a written supplement that contains related
1-35 information that pertains to the particular patient being treated;
1-36 (3) the contents of the consent form and the written
1-37 supplement are explained to the patient and the patient's guardian
1-38 of the person, if any:
1-39 (A) orally, in simple, nontechnical terms in the
1-40 person's primary language, if possible; or
1-41 (B) through the use of a means reasonably
1-42 calculated to communicate with a hearing impaired or visually
1-43 impaired person, if applicable;
1-44 (4) the patient or the patient's guardian of the
1-45 person, as appropriate, signs a copy of the consent form stating
1-46 that the person has read the consent form and the written
1-47 supplement and understands the information included in the
1-48 documents; and
1-49 (5) the signed copy of the consent form is made a part
1-50 of the patient's clinical record.
1-51 (e) For a patient 65 years of age or older, before each
1-52 treatment series begins, the hospital, facility, or physician
1-53 administering the procedure shall:
1-54 (1) ensure that two physicians have signed an
1-55 appropriate form that states the procedure is medically necessary;
1-56 (2) make the form described by Subdivision (1)
1-57 available to the patient or the patient's guardian; and
1-58 (3) inform the patient or the patient's guardian of
1-59 any current medical condition that may increase the possibility of
1-60 injury or death as a result of the treatment.
1-61 SECTION 2. Subsection (b), Section 578.007, Health and
1-62 Safety Code, is amended to read as follows:
1-63 (b) A report must state for each quarter:
1-64 (1) the number of patients who received the therapy,
2-1 including:
2-2 (A) the number of persons voluntarily receiving
2-3 mental health services who consented to the therapy;
2-4 (B) the number of involuntary patients who
2-5 consented to the therapy; and
2-6 (C) the number of involuntary patients for whom
2-7 a guardian of the person consented to the therapy;
2-8 (2) the age, sex, and race of the persons receiving
2-9 the therapy;
2-10 (3) the source of the treatment payment;
2-11 (4) the average number of nonelectroconvulsive
2-12 treatments;
2-13 (5) the average number of electroconvulsive treatments
2-14 administered for each complete series of treatments, but not
2-15 including maintenance treatments;
2-16 (6) the average number of maintenance
2-17 electroconvulsive treatments administered per month;
2-18 (7) the number of fractures, reported memory losses,
2-19 incidents of apnea, and cardiac arrests without death;
2-20 (8) autopsy findings, with emphasis on brain tissue
2-21 findings, if death followed within 14 days after the date of the
2-22 administration of the therapy; [and]
2-23 (9) the number of deaths following electroconvulsive
2-24 therapy at 14 days, one month, and three months after the date of
2-25 the therapy; and
2-26 (10) any other information required by the department.
2-27 SECTION 3. This Act takes effect September 1, 1997.
2-28 SECTION 4. The importance of this legislation and the
2-29 crowded condition of the calendars in both houses create an
2-30 emergency and an imperative public necessity that the
2-31 constitutional rule requiring bills to be read on three several
2-32 days in each house be suspended, and this rule is hereby suspended.
2-33 * * * * *