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A BILL TO BE ENTITLED
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AN ACT
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relating to chemical dependency treatment facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 462.009(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) Consent given by a patient or by a person authorized by |
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law to consent to treatment on the patient's behalf for the |
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administration of a medication, therapy, or treatment is valid only |
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if: |
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(1) for consent to therapy or treatment: |
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(A) the consent is given voluntarily and without |
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coercive or undue influence; and |
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(B) before administration of the therapy or |
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treatment, the treating physician or the psychologist, social |
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worker, professional counselor, or chemical dependency counselor |
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explains to the patient and to the person giving consent, in simple, |
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nontechnical language or in writing: |
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(i) the specific condition to be treated; |
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(ii) the beneficial effects on that |
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condition expected from the therapy or treatment; |
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(iii) the probable health and mental health |
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consequences of not consenting to the therapy or treatment; |
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(iv) the side effects and risks associated |
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with the therapy or treatment; |
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(v) the generally accepted alternatives to |
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the therapy or treatment, if any, and whether an alternative might |
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be appropriate for the patient; and |
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(vi) the proposed course of the therapy or |
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treatment; |
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(2) for consent to the administration of medication: |
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(A) the consent is given voluntarily and without |
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coercive or undue influence; and |
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(B) the treating physician or person delegated by |
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the treating physician or medical director provides each |
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explanation required by Subdivision (1)(B) to the patient and to |
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the person giving consent in simple, nontechnical language; and |
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(3) for consent to medication, therapy, or treatment, |
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the informed consent is evidenced in the patient's clinical record |
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by a signed form prescribed by the commission for this purpose or by |
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a statement of the treating physician or the psychologist, social |
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worker, professional counselor, or chemical dependency counselor |
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who obtained the consent that documents that consent was given by |
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the appropriate person and the circumstances under which the |
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consent was obtained. |
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SECTION 2. Section 462.025(h), Health and Safety Code, is |
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amended to read as follows: |
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(h) In this section: |
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(1) "Admission" means the formal acceptance of a |
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prospective patient to a treatment facility. |
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(2) "Assessment" means the clinical process a |
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treatment facility uses to gather information from a prospective |
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patient, including a medical history and the problem for which the |
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patient is seeking treatment, to determine whether a prospective
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patient should be admitted. |
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(3) "Intake" means the administrative process for |
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gathering information about a prospective patient and giving a |
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prospective patient information about the treatment facility and |
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the facility's treatment and services. |
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(4) "Screening" means the process a treatment facility |
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uses to determine whether a prospective patient presents sufficient |
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signs, symptoms, or behaviors to warrant a more in-depth assessment |
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by a qualified professional after a patient is admitted. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |