82R7569 AJZ-D
By: Naishtat H.B. No. 3146
A BILL TO BE ENTITLED
AN ACT
relating to consent for treatment for chemical dependency in a
treatment facility and required training for the facility's intake
personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 462.009(e) and (g), Health and Safety
Code, are amended to read as follows:
(e) Consent given by a patient or by a person authorized by
law to consent to treatment on the patient's behalf for the
administration of a medication, therapy, or treatment is valid only
if:
(1) the consent is given voluntarily and without
coercive or undue influence;
(2) before administration of the medication, therapy,
or treatment, the treating physician or a psychologist, social
worker, professional counselor, or chemical dependency counselor
explains to the patient and to the person giving consent, in simple,
nontechnical language:
(A) the specific condition to be treated;
(B) the beneficial effects on that condition
expected from the medication, therapy, or treatment;
(C) the probable health and mental health
consequences of not consenting to the medication, therapy, or
treatment;
(D) the side effects and risks associated with
the medication, therapy, or treatment;
(E) the generally accepted alternatives to the
medication, therapy, or treatment, if any, and whether an
alternative might be appropriate for the patient; and
(F) the proposed course of the medication,
therapy, or treatment; and
(3) the informed consent is evidenced in the patient's
clinical record by a signed form prescribed by the commission for
this purpose or by a statement of the treating physician or the
psychologist, social worker, professional counselor, or chemical
dependency counselor that documents that consent was given by the
appropriate person and the circumstances under which the consent
was obtained.
(g) Consent given by a patient or by a person authorized by
law to consent to treatment on the patient's behalf applies to a
series of doses of medication or to multiple therapies or
treatments for which consent was previously granted. If the
treating physician or the psychologist, social worker,
professional counselor, or chemical dependency counselor obtains
new information relating to a medication, therapy, or treatment for
which consent was previously obtained, the physician or the
psychologist, social worker, professional counselor, or chemical
dependency counselor must explain the new information and obtain
new consent.
SECTION 2. Section 462.025(e), Health and Safety Code, is
amended to read as follows:
(e) In accordance with commission rule, a treatment
facility shall provide [annually] a minimum of eight hours of
inservice training regarding intake and assessment for persons who
will be conducting an intake or assessment for the facility. A
person may not conduct intake or assessments without having
completed the [initial and applicable annual] inservice training.
SECTION 3. This Act takes effect September 1, 2011.