By Najera H.B. No. 3235
76R8757 SMJ-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prohibition of electroconvulsive therapy; providing
1-3 a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 578.001, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 578.001. APPLICABILITY [APPLICATION]. This chapter
1-8 applies to the use of electroconvulsive therapy, psychosurgery,
1-9 pre-frontal sonic sound treatment, or any other convulsive or
1-10 coma-inducing therapy by any person, including a private physician
1-11 who uses the therapy on an outpatient basis.
1-12 SECTION 2. Chapter 578, Health and Safety Code, is amended
1-13 by adding Section 578.0015 to read as follows:
1-14 Sec. 578.0015. DEFINITION. In this chapter,
1-15 "electroconvulsive therapy" means a somatic treatment for a
1-16 psychiatric illness in which an electrical current is administered
1-17 to the brain and causes a seizure.
1-18 SECTION 3. Sections 578.002 and 578.007, Health and Safety
1-19 Code, are amended to read as follows:
1-20 Sec. 578.002. [USE OF] ELECTROCONVULSIVE THERAPY PROHIBITED;
1-21 CRIMINAL PENALTY. (a) A person commits an offense if the person:
1-22 (1) uses electroconvulsive therapy on another person;
1-23 or
1-24 (2) knowingly causes, conspires with another to cause,
2-1 or assists another to cause electroconvulsive therapy to be used on
2-2 a person.
2-3 (b) An offense under Subsection (a) is a misdemeanor
2-4 punishable by:
2-5 (1) a fine of not more than $10,000;
2-6 (2) confinement in jail for not more than six months;
2-7 or
2-8 (3) both fine and confinement. [Electroconvulsive
2-9 therapy may not be used on a person who is younger than 16 years of
2-10 age.]
2-11 [(b) Unless the person consents to the use of the therapy in
2-12 accordance with Section 578.003, electroconvulsive therapy may not
2-13 be used on:]
2-14 [(1) a person who is 16 years of age or older and who
2-15 is voluntarily receiving mental health services; or]
2-16 [(2) an involuntary patient who is 16 years of age or
2-17 older and who has not been adjudicated by an appropriate court of
2-18 law as incompetent to manage the patient's personal affairs.]
2-19 [(c) Electroconvulsive therapy may not be used on an
2-20 involuntary patient who is 16 years of age or older and who has
2-21 been adjudicated incompetent to manage the patient's personal
2-22 affairs unless the patient's guardian of the person consents to the
2-23 treatment in accordance with Section 578.003. The decision of the
2-24 guardian must be based on knowledge of what the patient would
2-25 desire, if known.]
2-26 Sec. 578.007. REPORTS. (a) A mental hospital or facility
2-27 administering [electroconvulsive therapy,] psychosurgery,
3-1 pre-frontal sonic sound treatment, or any other convulsive or
3-2 coma-producing therapy administered to treat mental illness or a
3-3 physician administering the therapy on an outpatient basis shall
3-4 submit to the department quarterly reports relating to the
3-5 administration of the therapy in the hospital or facility or by the
3-6 physician.
3-7 (b) A report must state for each quarter:
3-8 (1) the number of patients who received the therapy,
3-9 including:
3-10 (A) the number of persons voluntarily receiving
3-11 mental health services who consented to the therapy;
3-12 (B) the number of involuntary patients who
3-13 consented to the therapy; and
3-14 (C) the number of involuntary patients for whom
3-15 a guardian of the person consented to the therapy;
3-16 (2) the age, sex, and race of the persons receiving
3-17 the therapy;
3-18 (3) the source of the treatment payment;
3-19 (4) the average number of [nonelectroconvulsive]
3-20 treatments;
3-21 (5) [the average number of electroconvulsive
3-22 treatments administered for each complete series of treatments, but
3-23 not including maintenance treatments;]
3-24 [(6) the average number of maintenance
3-25 electroconvulsive treatments administered per month;]
3-26 [(7)] the number of fractures, reported memory losses,
3-27 incidents of apnea, and cardiac arrests without death;
4-1 (6) [(8)] autopsy findings if death followed within 14
4-2 days after the date of the administration of the therapy; and
4-3 (7) [(9)] any other information required by the
4-4 department.
4-5 SECTION 4. Section 578.008(a), Health and Safety Code, is
4-6 amended to read as follows:
4-7 (a) The department shall use the information received under
4-8 Section [Sections 578.006 and] 578.007 to analyze, audit, and
4-9 monitor the use of [electroconvulsive therapy,] psychosurgery,
4-10 pre-frontal sonic sound treatment, or any other convulsive or
4-11 coma-producing therapy administered to treat mental illness.
4-12 SECTION 5. Sections 578.003, 578.004, 578.005, and 578.006,
4-13 Health and Safety Code, are repealed.
4-14 SECTION 6. This Act takes effect September 1, 1999.
4-15 SECTION 7. The importance of this legislation and the
4-16 crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended.