1-1     By:  Janek (Senate Sponsor - Carona)                  H.B. No. 1887
 1-2           (In the Senate - Received from the House May 9, 2001;
 1-3     May 10, 2001, read first time and referred to Committee on Health
 1-4     and Human Services; May 11, 2001, reported favorably by the
 1-5     following vote:  Yeas 7, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the rights of patients receiving mental health
 1-9     services.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 574, Health and Safety Code, is amended
1-12     by adding Subchapter H to read as follows:
1-13               SUBCHAPTER H.  VOLUNTARY ADMISSION FOR CERTAIN
1-14                  PERSONS FOR WHOM MOTION FOR COURT-ORDERED
1-15                           SERVICES HAS BEEN FILED
1-16           Sec. 574.151.  APPLICABILITY.  This subchapter applies only
1-17     to a person for whom a motion for court-ordered mental health
1-18     services is filed under Section 574.001, for whom a final order on
1-19     that motion has not been entered under Section 574.034 or 574.035,
1-20     and who requests voluntary admission to an inpatient mental health
1-21     facility:
1-22                 (1)  while the person is receiving at that facility
1-23     involuntary inpatient services under Subchapter B or under Chapter
1-24     573; or
1-25                 (2)  before the 31st day after the date the person was
1-26     released from that facility under Section 573.023 or 574.028.
1-27           Sec. 574.152.  CAPACITY TO CONSENT TO VOLUNTARY ADMISSION.  A
1-28     person described by Section 574.151 is rebuttably presumed to have
1-29     the capacity to consent to admission to the inpatient mental health
1-30     facility for voluntary inpatient mental health services.
1-31           Sec. 574.153.  RIGHTS OF PERSON ADMITTED TO VOLUNTARY
1-32     INPATIENT TREATMENT.  (a)  A person described by Section 574.151
1-33     who is admitted to the inpatient mental health facility for
1-34     voluntary inpatient mental health services has all of the rights
1-35     provided by Chapter 576 for a person receiving voluntary or
1-36     involuntary inpatient mental health services.
1-37           (b)  A right assured by Section 576.021 may not be waived by
1-38     the patient, the patient's attorney or guardian, or any other
1-39     person acting on behalf of the patient.
1-40           Sec. 574.154.  CAPACITY TO CONSENT TO PARTICIPATION IN
1-41     RESEARCH PROGRAM.  Notwithstanding any other law, a person
1-42     described by Section 574.151 may not participate in a research
1-43     program in which some or all of the participants will receive, in
1-44     place of or in addition to medically appropriate medication for the
1-45     patient's condition, a placebo or inert ingredient during any part
1-46     of the time the participants are receiving inpatient mental health
1-47     services in the facility.
1-48           SECTION 2.  Section 576.002(b), Health and Safety Code, is
1-49     amended to read as follows:
1-50           (b)  There is a rebuttable presumption that a [A] person is
1-51     [presumed to be] mentally competent unless a judicial finding to
1-52     the contrary is made under the Texas Probate Code.
1-53           SECTION 3.  Section 576.021, Health and Safety Code, is
1-54     amended to read as follows:
1-55           Sec. 576.021.  GENERAL RIGHTS RELATING TO TREATMENT.  (a)  A
1-56     patient receiving mental health services under this subtitle has
1-57     the right to:
1-58                 (1)  appropriate treatment for the patient's mental
1-59     illness in the least restrictive appropriate setting available;
1-60                 (2)  not receive unnecessary or excessive medication;
1-61                 (3)  refuse to participate in a research program;
1-62                 (4)  an individualized treatment plan and to
1-63     participate in developing the plan; and
1-64                 (5)  a humane treatment environment that provides
 2-1     reasonable protection from harm and appropriate privacy for
 2-2     personal needs.
 2-3           (b)  Participation in a research program does not affect a
 2-4     right provided by this chapter.
 2-5           (c)  A right provided by this section may not be waived by
 2-6     the patient, the patient's attorney or guardian, or any other
 2-7     person acting on behalf of the patient.
 2-8           SECTION 4.  This Act takes effect immediately if it receives
 2-9     a vote of two-thirds of all the members elected to each house, as
2-10     provided by Section 39, Article III, Texas Constitution.  If this
2-11     Act does not receive the vote necessary for immediate effect, this
2-12     Act takes effect September 1, 2001.
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