BILL ANALYSIS

 

 

Senate Research Center

C.S.S.B. 1608

89R25019 RAL-F

By: Campbell

 

Health & Human Services

 

4/30/2025

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

A medical examination is crucial before admitting a patient to a mental health facility to rule out physical conditions that may mimic, contribute to, or cause mental health symptoms.

 

Conditions like thyroid disorders, brain tumors, head injuries, and medication side effects can resemble or trigger mental health issues. Identifying and treating these conditions may alleviate symptoms, reducing the need for mental health interventions alone. In Texas, state hospitals are already required to conduct in-person physical exams for admitted patients.

 

Despite the importance of in-person physical examinations, some patients have been admitted without one. S.B. 1608 aims to prevent this by requiring an in-person medical examination before admission.

 

S.B. 1608 is a refile of S.B. 2628 (88R), which was voted out of the Health and Human Services Committee 8-0 and the Senate 27-3.

 

Key Provision:

 

  1. Amends Section 575.004 of the Health and Safety Code to require facility administrators to ensure the in-person physical examination as required by the treatment plan.

 

Committee Substitute:

 

1.�� Extends the time frame to 48 hours (instead of 24) for counties with a population under 200,000.

  1. Temporary exemption in the case of a state disaster declaration.

 

C.S.S.B. 1608 amends current law relating to physical examination requirements for patients admitted to an inpatient mental health facility.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter A, Chapter 575, Health and Safety Code, by adding Sections 575.004 and 575.005, as follows:

 

Sec. 575.004. IN-PERSON PHYSICAL EXAMINATION REQUIREMENTS. (a) Requires that a physical examination or assessment of a patient admitted to an inpatient mental health facility that is required to be conducted on the patient's admission, except as provided by Subsection (b), be conducted in person.

 

(b) Authorizes a physical examination or assessment described by Subsection (a) to be conducted using telemedicine medical services if, at the time the examination or assessment is required to be conducted, the area in which the inpatient mental health facility is located is subject to a declaration of disaster by the governor under Chapter 418 (Emergency Management), Government Code, or a declaration of local disaster under that chapter. Defines "telemedicine medical service."

 

Sec. 575.005. PHYSICAL EXAMINATION REQUIREMENTS IN CERTAIN COUNTIES. (a) Provides that this section applies only to an inpatient mental health facility located in a county with a population of less than 200,000.

 

(b) Requires that a physical examination or assessment described by 575.004(a) of a patient admitted to an inpatient mental health facility to which this section applies, notwithstanding any other law, be conducted not later than 48 hours after the patient's admission.

 

SECTION 2. Makes application of Sections 575.004 and 575.005, Health and Safety Code, as added by this Act, prospective.

 

SECTION 3. Effective date: September 1, 2025.