Texas 2009 - 81st Regular

Texas Senate Bill SB1520

Filed
 
Out of Senate Committee
4/14/09  
Voted on by Senate
4/24/09  
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

This legislation will amend existing provisions within the Health and Safety Code by establishing clear guidelines about the administration of psychoactive medications, focusing on the patient's capacity to consent. The bill stipulates that before any psychoactive treatment can be enforced against a resident's wishes, there must be a demonstration of immediate necessity, signifying a shift from a more paternalistic approach to one that safeguards personal autonomy. Such changes will necessitate adjustments in operational protocols within residential facilities to ensure compliance with new standards.

Summary

Senate Bill 1520 aims to enhance the protection and care of individuals with mental disabilities residing in residential care facilities in Texas. The bill emphasizes the rights of residents, particularly their right to refuse psychoactive medications. It introduces regulations to govern the conditions under which medications may be administered without consent, primarily in emergency circumstances where the individual poses a risk to themselves or others. This provision reflects ongoing efforts to balance the need for proper treatment with the rights of individuals to make personal medical decisions.

Contention

While supporters of SB1520 argue that it provides essential protections for vulnerable populations, critics are concerned about the potential for inadequate care in situations where immediate medication is crucial for safety. They caution that overly strict regulations regarding consent could lead to challenges in addressing acute mental health crises effectively. Furthermore, the bill highlights ongoing debates in the mental health field about autonomy versus safety, prompting discussions regarding the best practices for managing individuals with severe mental health issues.

Companion Bills

No companion bills found.

Similar Bills

TX SB1752

Relating to declarations for mental health treatment.

TX SB750

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

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 SB55

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

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.