By Janek                                              H.B. No. 1887
         77R13010 CBH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the rights of patients receiving mental health
 1-3     services.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 574, Health and Safety Code, is amended
 1-6     by adding Subchapter H to read as follows:
 1-7               SUBCHAPTER H.  VOLUNTARY ADMISSION FOR CERTAIN
 1-8                  PERSONS FOR WHOM MOTION FOR COURT-ORDERED
 1-9                           SERVICES HAS BEEN FILED
1-10           Sec. 574.151.  APPLICABILITY.  This subchapter applies only
1-11     to a person for whom a motion for court-ordered mental health
1-12     services is filed under Section 574.001, for whom a final order on
1-13     that motion has not been entered under Section 574.034 or 574.035,
1-14     and who requests voluntary admission to an inpatient mental health
1-15     facility:
1-16                 (1)  while the person is receiving at that facility
1-17     involuntary inpatient services under Subchapter B or under Chapter
1-18     573; or
1-19                 (2)  before the 31st day after the date the person was
1-20     released from that facility under Section 573.023 or 574.028.
1-21           Sec. 574.152.  CAPACITY TO CONSENT TO VOLUNTARY ADMISSION.  A
1-22     person described by Section 574.151 is rebuttably presumed to have
1-23     the capacity to consent to admission to the inpatient mental health
1-24     facility for voluntary inpatient mental health services.
 2-1           Sec. 574.153.  RIGHTS OF PERSON ADMITTED TO VOLUNTARY
 2-2     INPATIENT TREATMENT.  (a)  A person described by Section 574.151
 2-3     who is admitted to the inpatient mental health facility for
 2-4     voluntary inpatient mental health services has all of the rights
 2-5     provided by Chapter 576 for a person receiving voluntary or
 2-6     involuntary inpatient mental health services.
 2-7           (b)  A right assured by Section 576.021 may not be waived by
 2-8     the patient, the patient's attorney or guardian, or any other
 2-9     person acting on behalf of the patient.
2-10           Sec. 574.154.  CAPACITY TO CONSENT TO PARTICIPATION IN
2-11     RESEARCH PROGRAM.  Notwithstanding any other law, a person
2-12     described by Section 574.151 may not participate in a research
2-13     program in which some or all of the participants will receive, in
2-14     place of or in addition to medically appropriate medication for the
2-15     patient's condition, a placebo or inert ingredient during any part
2-16     of the time the participants are receiving inpatient mental health
2-17     services in the facility.
2-18           SECTION 2.  Section 576.002(b), Health and Safety Code, is
2-19     amended to read as follows:
2-20           (b)  There is a rebuttable presumption that a [A] person is
2-21     [presumed to be] mentally competent unless a judicial finding to
2-22     the contrary is made under the Texas Probate Code.
2-23           SECTION 3.  Section 576.021, Health and Safety Code, is
2-24     amended to read as follows:
2-25           Sec. 576.021.  GENERAL RIGHTS RELATING TO TREATMENT.  (a)  A
2-26     patient receiving mental health services under this subtitle has
2-27     the right to:
 3-1                 (1)  appropriate treatment for the patient's mental
 3-2     illness in the least restrictive appropriate setting available;
 3-3                 (2)  not receive unnecessary or excessive medication;
 3-4                 (3)  refuse to participate in a research program;
 3-5                 (4)  an individualized treatment plan and to
 3-6     participate in developing the plan; and
 3-7                 (5)  a humane treatment environment that provides
 3-8     reasonable protection from harm and appropriate privacy for
 3-9     personal needs.
3-10           (b)  Participation in a research program does not affect a
3-11     right provided by this chapter.
3-12           (c)  A right provided by this section may not be waived by
3-13     the patient, the patient's attorney or guardian, or any other
3-14     person acting on behalf of the patient.
3-15           SECTION 4.  This Act takes effect immediately if it receives
3-16     a vote of two-thirds of all the members elected to each house, as
3-17     provided by Section 39, Article III, Texas Constitution.  If this
3-18     Act does not receive the vote necessary for immediate effect, this
3-19     Act takes effect September 1, 2001.