LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                               May 16, 2001
  
  
          TO:  Honorable Patricia Gray, Chair, House Committee on Public
               Health
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB876  by Moncrief (Relating to the administration of
               restraint, seclusion, and emergency psychoactive
               medication to residents of certain health care
               facilities.), Committee Report 2nd House, Substituted
  
**************************************************************************
*  No significant fiscal implication to the State is anticipated.        *
**************************************************************************
  
The bill would require health and human services agencies that regulate
the care or treatment of residents in certain health care facilities to
adopt rules establishing procedures for the use of restraints,
seclusion, emergency psychoactive medication and supportive or
protective devices.  The bill would require these agencies to collect
information on the use of emergency interventions by regulated
facilities on a quarterly basis and to submit an analysis to the
Legislature, the Governor, and the Health and Human Services Commission
on an annual basis.  It would also require the Health and Human Services
Commissioner and health and human services agencies to execute a
memorandum of understanding to ensure consistency of definitions and
procedures among agencies and with federal and state laws and rules.
The Department of Human Services estimates it would spend $137,478 in
General Revenue funds to develop and maintain an automated system for
data collection and analysis.  It is assumed that the department can
absorb this cost within current resources.  Other health and human
services agencies did not report any significant fiscal impact.
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.
  
  
Source Agencies:   530   Department of Protective and Regulatory
                   Services, 529   Health and Human Services Commission,
                   324   Texas Department of Human Services, 655   TX
                   Dept. of Mental Health & Mental Retardation
LBB Staff:         JK, HD, NM