HBA-NRS C.S.H.B. 1887 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1887 By: Janek Public Health 4/23/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, the Texas Mental Health Code provides that a person is presumed to be mentally competent unless there is a judicial finding to the contrary but does not specify whether presumption is rebuttable or irrebuttable. Also, current law does not specify if participation in a voluntary research project constitutes a waiver of the rights of a person relating to treatment. Both laws are ambiguous and need further clarification. C.S.H.B. 1887 provides that a person is rebuttably competent to consent to admission to an inpatient mental health facility, prohibits a patient's rights relating to treatment from being waived, and prohibits a patient from participating in certain research programs. 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. ANALYSIS C.S.H.B. 1887 amends the Health and Safety Code to provide that a person for whom a motion for courtordered mental health services is filed, for whom a final order on that motion has not been entered, and who requests voluntary admission to an inpatient mental health facility while the person is receiving involuntary inpatient services under protective custody or emergency detention or before the 31st day after the date the person was released from detention or emergency detention from that facility is rebuttably presumed to have the capacity to consent to admission to an inpatient mental health facility for voluntary inpatient mental health services. The bill provides that such a person who is admitted to the inpatient mental health facility for voluntary inpatient mental health services has all of the rights of a person receiving voluntary or involuntary inpatient mental health services. The bill prohibits such a person from participating in a research program in which some or all of the participants will receive a placebo or inert ingredient during any part of the time the participants are receiving inpatient mental health services in the facility. The bill provides that there is a rebuttable presumption that a person is mentally competent unless a judicial finding to the contrary is made under the Texas Probate Code. The bill provides that participation in a research project does not affect a patient's rights. The bill prohibits the general rights relating to treatment from being waived by a patient, the patient's attorney or guardian, or another person acting on behalf of the patient. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1887 modifies the original bill by prohibiting a person for whom a motion for court-ordered mental health services is filed, for whom a final order on that motion has not been entered, and who requests voluntary admission to an inpatient mental health facility while the person is receiving involuntary inpatient services from participating in a research program in which the person may receive a placebo or inert ingredient in place of medically appropriate medication while receiving inpatient mental health services rather than providing that such a person is irrebuttably presumed not to have the capacity to consent to participation.