HBA-RBT S.B. 1361 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1361
By: Harris
Public Health
4/30/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, individuals with mental illness are allowed to make choices
regarding their treatment in the event their illness leaves them incapable
of exercising judgment at a later date.  Last session, the legislature
passed S.B. 972 which created an advanced directive statute for these
individuals with mental illness.  S.B. 1361 would authorize a physician or
other health care provider to subject a principal, defined here as a person
who has executed a declaration for mental health treatment, as defined by
Section 574.101, Health and Safety Code, to mental health treatment in a
manner contrary to the principal's wishes, only in a case of an emergency
when the principal's instructions have not been effective in reducing the
severity of the behavior that caused the emergency. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 137.001(4) - (7), Civil Practice and Remedies
Code, to define "emergency."  Makes conforming changes. 

SECTION 2.  Amends Section 137.007, Civil Practice and Remedies Code, to
authorize a physician or provider to withdraw from providing treatment
consistent with the exercise of independent medical judgment and to
promptly make a reasonable effort to transfer care for the principal to a
physician or provider who is willing to comply with the declaration, notify
the principal, or principal's guardian, if appropriate, of the decision to
withdraw, and record in the principal's medical record the notification
and, if applicable, the name of the physician or provider to whom the
principal is transferred.  Deletes text regarding a document in the
principal's medical record. 

SECTION 3.  Amends Section 137.008, Civil Practice and Remedies Code, to
authorize a physician or other health care provider to subject a principal
to mental health treatment in a manner contrary to the principal's wishes
as expressed in a declaration for mental health treatment only in a case of
an emergency when the principal's instructions have not been effective in
reducing the severity of the behavior that caused the emergency.  Deletes
text regarding the definition of "emergency." Makes conforming changes. 

SECTION 4.  Amends Section 137.010(a), Civil Practice and Remedies Code, to
provide that a declaration for mental health treatment is revoked when a
principal who is not incapacitated notifies a licensed or certified health
or residential care provider of the revocation, acts in a manner that
demonstrates a specific intent to revoke the declaration, or executes a
later declaration for mental health treatment. 

SECTION 5. Emergency clause.
  Effective date: upon passage.