Texas 2009 - 81st Regular

Texas Senate Bill SB750

Filed
 
Out of Senate Committee
4/14/09  
Voted on by Senate
4/30/09  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the administration of psychoactive medications to persons receiving services in a residential care facility.

Impact

The introduction of this bill would positively affect state laws by laying down a clear framework for when psychoactive medications can be administered without client consent. By codifying the conditions under which consent may not be required, it aims to enhance the legal protections for clients in residential care environments, ensuring their rights are safeguarded while also addressing situations in which intervention may be necessary for safety reasons.

Summary

SB750 amends the Health and Safety Code to clarify the rights of clients in residential care facilities regarding the administration of psychoactive medications. This legislation establishes that every client has the right to refuse such medications unless specific conditions arise, such as a medication-related emergency wherein immediate treatment is necessary to prevent harm. It reflects a strong emphasis on client autonomy, marking a significant shift in how treatment can be administered in these facilities.

Contention

However, the bill also presents potential contention points. Critics may argue that while enhancing client rights is vital, the stringent stipulations for overriding consent in emergencies might lead to challenges in urgent situations where rapid decisions are required. There may also be concerns about the possible implications for treatment providers and their decision-making powers regarding client care, as well as the balance between client rights and the responsibility of care facilities to protect vulnerable individuals.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2743

Relating to procedures regarding the court-ordered administration of psychoactive medication for criminal defendants who are found incompetent to stand trial.

TX SB1179

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX HB4886

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX SB1624

Relating to guardianships and services for incapacitated persons and to the emergency detention of certain persons with mental illness.

TX HB551

Relating to a study on the prevalence of the use of psychoactive or psychotropic medication by persons who have committed suicide.

TX HB3346

Relating to the administration of medication to certain persons in the custody of a sheriff.

TX HB1873

Relating to patients' rights, consumer protection, and directives for the provision of health care services; providing an administrative penalty.

TX HB343

Relating to the prescriptive authority of certain psychologists; authorizing a fee.

TX HB5088

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

Similar Bills

TX SB55

Relating to the administration of psychoactive medications to persons receiving services in certain facilities.

TX SB34

Relating to the administration of psychoactive medications to persons receiving services in certain facilities.

TX HB1739

Relating to the administration of psychoactive medications to persons receiving services in certain facilities.

TX SB1520

Relating to the protection and care of individuals with mental retardation residing in certain residential care facilities.

TX HB3907

Relating to the court-ordered administration of psychoactive medication to certain criminal defendants and to the release of those defendants from certain facilities.

TX HB1824

Relating to the continuity of services received by individuals receiving services at state hospitals and state supported living centers, the establishment of a pilot program to provide behavioral health or psychiatric services to certain residential care facility residents, and court orders for psychoactive medication for certain patients.