88R7757 MPF-D
 
  By: Gervin-Hawkins H.B. No. 2149
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to notice of rights provided to a patient receiving
  involuntary inpatient mental health services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 576.009, Health and Safety Code, is
  amended to read as follows:
         Sec. 576.009.  NOTIFICATION OF RIGHTS. (a) A patient
  receiving involuntary inpatient mental health services shall be
  informed of the rights provided by this subtitle:
               (1)  through a poster prominently and conspicuously
  displayed in an area frequented by both patients and employees of
  the mental health facility; and
               (2)  either:
                     (A)  orally, in simple, nontechnical terms, and in
  writing that[, if possible,] is in the person's primary language;
  or
                     (B) [(2)]  through the use of a means reasonably
  calculated to communicate with a hearing impaired or visually
  impaired person, if applicable.
         (b)  The poster described by Subsection (a)(1) must:
               (1)  include the name and contact information of the
  person with whom a complaint regarding a violation of the rights
  provided by this subtitle may be filed; and
               (2)  be in English and in a second language appropriate
  to the demographic composition of the community served by the
  mental health facility.
         (c)  The oral and written communication required by
  Subsection (a)(2)(A) must be provided on two separate days as
  follows:
               (1)  if English is the patient's primary language:
                     (A)  at the time the patient is admitted to the
  mental health facility; and
                     (B)  not later than the third day after the date
  the patient is admitted to the mental health facility; or 
               (2)  if English is not the patient's primary language:
                     (A)  not later than 24 hours after the patient is
  admitted to the mental health facility; and
                     (B)  not later than the third day after the date
  the patient is admitted to the mental health facility.
         SECTION 2.  The changes in law made by this Act apply only to
  a patient's admittance to an inpatient mental health facility on or
  after the effective date of this Act. A patient's admittance to an
  inpatient mental health facility before the effective date of this
  Act is governed by the law in effect on the date the patient was
  admitted, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2023.