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. PARTICIPATION IN RESEARCH PROGRAM.
2-11 Notwithstanding any other law, a person described by Section
2-12 574.151 may not participate in a research program in the inpatient
2-13 mental health facility unless:
2-14 (1) the patient provides written consent to
2-15 participate in the research program under a protocol that has been
2-16 approved by the facility's institutional review board; and
2-17 (2) the institutional review board specifically
2-18 reviews the patient's consent under the approved protocol.
2-19 SECTION 2. Section 576.002(b), Health and Safety Code, is
2-20 amended to read as follows:
2-21 (b) There is a rebuttable presumption that a [A] person is
2-22 [presumed to be] mentally competent unless a judicial finding to
2-23 the contrary is made under the Texas Probate Code.
2-24 SECTION 3. Section 576.021, Health and Safety Code, is
2-25 amended to read as follows:
2-26 Sec. 576.021. GENERAL RIGHTS RELATING TO TREATMENT. (a) A
2-27 patient receiving mental health services under this subtitle has
3-1 the right to:
3-2 (1) appropriate treatment for the patient's mental
3-3 illness in the least restrictive appropriate setting available;
3-4 (2) not receive unnecessary or excessive medication;
3-5 (3) refuse to participate in a research program;
3-6 (4) an individualized treatment plan and to
3-7 participate in developing the plan; and
3-8 (5) a humane treatment environment that provides
3-9 reasonable protection from harm and appropriate privacy for
3-10 personal needs.
3-11 (b) Participation in a research program does not affect a
3-12 right provided by this chapter.
3-13 (c) A right provided by this section may not be waived by
3-14 the patient, the patient's attorney or guardian, or any other
3-15 person acting on behalf of the patient.
3-16 SECTION 4. This Act takes effect immediately if it receives
3-17 a vote of two-thirds of all the members elected to each house, as
3-18 provided by Section 39, Article III, Texas Constitution. If this
3-19 Act does not receive the vote necessary for immediate effect, this
3-20 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1887 was passed by the House on May
8, 2001, by the following vote: Yeas 147, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1887 on May 24, 2001, by the following vote: Yeas 132, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1887 was passed by the Senate, with
amendments, on May 17, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor