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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of rights provided to a patient receiving |
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inpatient mental health, chemical dependency, or comprehensive |
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medical rehabilitation services at certain facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 321.001, Health and Safety Code, is |
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amended by adding Subdivision (1-b) to read as follows: |
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(1-b) "Facility" means an inpatient facility at which |
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voluntary or involuntary mental health, chemical dependency, or |
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comprehensive medical rehabilitation services are provided, |
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including a: |
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(A) child-care facility; |
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(B) hospital; |
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(C) mental health facility; and |
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(D) treatment facility. |
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SECTION 2. Section 321.002, Health and Safety Code, is |
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amended by amending Subsections (f), (g), and (h) and adding |
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Subsection (f-1) to read as follows: |
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(f) Before a facility may admit a patient for inpatient |
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mental health, chemical dependency, or comprehensive medical |
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rehabilitation services, or before a child-care facility may accept |
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a minor for treatment, the facility shall provide to the person and, |
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if appropriate, to the person's parent, managing conservator, or |
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guardian, a written copy of the applicable "bill of rights" adopted |
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under this section. The facility shall provide the written copies |
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in the person's primary language[, if possible]. In addition, the |
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facility shall ensure that[, within 24 hours after the person is |
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admitted to the facility,] the rights specified in the written copy |
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are explained to the person and, if appropriate, to the person's |
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parent, managing conservator, or guardian: |
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(1) orally, in simple, nontechnical terms in the |
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person's primary language[, if possible]; or |
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(2) through a means reasonably calculated to |
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communicate with a person who has an impairment of vision or |
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hearing, if applicable. |
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(f-1) The oral and written communication required by |
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Subsection (f) must be provided on two separate days as follows: |
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(1) if English is the patient's primary language: |
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(A) at the time the patient is admitted to the |
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facility; and |
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(B) not later than the third day after the date |
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the patient is admitted to the facility; or |
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(2) if English is not the patient's primary language: |
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(A) not later than 24 hours after the patient is |
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admitted to the facility; and |
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(B) not later than the third day after the date |
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the patient is admitted to the facility. |
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(g) The facility shall ensure that: |
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(1) each patient admitted for inpatient mental health, |
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chemical dependency, or comprehensive rehabilitation services and |
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each minor admitted for treatment in a child-care facility and, if |
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appropriate, the person's parent, managing conservator, or |
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guardian signs each [a] copy of the document stating that the person |
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has read the document and understands the rights specified in the |
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document; and |
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(2) the signed copies are [copy is] made a part of the |
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person's clinical record. |
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(h) A facility shall prominently and conspicuously post a |
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copy of the "bill of rights" for display in a public area of the |
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facility that is readily available to patients, residents, |
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employees, and visitors. The "bill of rights" must: |
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(1) include the name and contact information of the |
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person with whom a complaint regarding a violation of the rights |
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provided by this chapter, Subtitle C of Title 7, Chapters 241, 462, |
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464, and 466, and any other provisions the executive commissioner |
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considers necessary to protect the health, safety, and rights of a |
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patient receiving voluntary or involuntary mental health, chemical |
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dependency, or comprehensive medical rehabilitation services in an |
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inpatient facility may be filed; and |
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(2) be in English and in a second language appropriate |
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to the demographic composition of the community served by the |
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facility. |
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SECTION 3. Section 576.009, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 576.009. NOTIFICATION OF RIGHTS. A patient receiving |
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involuntary inpatient mental health services shall be informed of |
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the rights provided by this subtitle: |
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(1) through a poster displayed in the mental health |
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facility in the manner provided by Section 321.002(h); and |
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(2) either: |
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(A) orally, in simple, nontechnical terms, and in |
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writing in the manner provided by Section 321.002(f-1) [that, if |
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possible, is in the person's primary language]; or |
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(B) [(2)] through the use of a means reasonably |
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calculated to communicate with a hearing impaired or visually |
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impaired person, if applicable. |
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SECTION 4. The changes in law made by this Act apply only to |
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a patient's admittance to a facility for inpatient mental health, |
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chemical dependency, or comprehensive medical rehabilitation |
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services on or after the effective date of this Act. A patient's |
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admittance to a facility for mental health, chemical dependency, or |
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comprehensive medical rehabilitation services before the effective |
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date of this Act is governed by the law in effect on the date the |
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patient was admitted, and the former law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |