H.B. No. 740
relating to updating citations to Chapter 74, Civil Practice and
Remedies Code, in Chapter 578, Health and Safety Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 578.003(a), Health and Safety Code, is
amended to read as follows:
(a) The board by rule shall adopt a standard written consent
form to be used when electroconvulsive therapy is considered. The
board by rule shall also prescribe the information that must be
contained in the written supplement required under Subsection (c).
In addition to the information required under this section, the
form must include the information required by the Texas Medical
Disclosure Panel for electroconvulsive therapy. In developing the
form, the board shall consider recommendations of the panel. Use of
the consent form prescribed by the board in the manner prescribed by
this section creates a rebuttable presumption that the disclosure
requirements of Sections 74.104 and 74.105, Civil Practice and
Remedies Code [
6.05 and 6.06, Medical Liability and Insurance
Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
Statutes)], have been met.
SECTION 2. This Act applies only to a cause of action that
accrues on or after the effective date of this Act. An action that
accrued before the effective date of this Act is governed by the law
applicable to the action immediately before the effective date of
this Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 740 was passed by the House on March
23, 2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 740 was passed by the Senate on May
10, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate