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.
2-13 * * * * *