By Maxey                                               H.B. No. 392
         77R1127 SMJ-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain communications with the primary care provider
 1-3     of a person admitted to a state mental health facility.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 572, Health and Safety Code, is amended by
 1-6     adding Section 572.0026 to read as follows:
 1-7           Sec. 572.0026.  COMMUNICATIONS WITH PRIMARY CARE PROVIDERS.
 1-8     (a) If a person admitted to a mental health facility has a primary
 1-9     care provider, on admission facility staff shall ask the person or,
1-10     if applicable, the person's authorized representative to give
1-11     written consent for the facility to:
1-12                 (1)  notify the primary care provider of the person's
1-13     admission; and
1-14                 (2)  discuss information directly related to the
1-15     admission with the primary care provider.
1-16           (b)  If the person or the person's representative gives
1-17     written consent under Subsection (a), facility staff:
1-18                 (1)  shall notify the primary care provider of the
1-19     person's admission; and
1-20                 (2)  may discuss information directly related to the
1-21     admission with the primary care provider.
1-22           (c)  The board shall adopt rules governing obtaining consent
1-23     and communicating with a primary care provider under this section.
1-24           SECTION 2. Subchapter C, Chapter 573, Health and Safety Code,
 2-1     is amended by adding Section 573.0225 to read as follows:
 2-2           Sec. 573.0225.  COMMUNICATIONS WITH PRIMARY CARE PROVIDERS.
 2-3     Facility staff shall ask for written consent and, if applicable,
 2-4     communicate with a person's primary care provider in the manner
 2-5     provided by Section 572.0026.
 2-6           SECTION 3. Subchapter D, Chapter 574, Health and Safety Code,
 2-7     is amended by adding Section 574.049 to read as follows:
 2-8           Sec. 574.049.  COMMUNICATIONS WITH PRIMARY CARE PROVIDERS.
 2-9     Facility staff shall ask for written consent and, if applicable,
2-10     communicate with a person's primary care provider in the manner
2-11     provided by Section 572.0026.
2-12           SECTION 4. (a)  The change in law made by this Act applies
2-13     only to an admission to a mental health facility under Chapter 572,
2-14     573, or 574, Health and Safety Code, on or after the effective date
2-15     of this Act.
2-16           (b)  This Act takes effect September 1, 2001.