Texas 2011 - 82nd Regular

Texas House Bill HB3146 Compare Versions

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1	1	By: Naishtat (Senate Sponsor - Zaffirini) H.B. No. 3146
2	2	(In the Senate - Received from the House May 4, 2011;
3	3	May 5, 2011, read first time and referred to Committee on Health
4	4	and Human Services; May 13, 2011, reported favorably by the
5	5	following vote: Yeas 7, Nays 0; May 13, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to consent for treatment for chemical dependency in a
11	11	treatment facility and required training for the facility's intake
12	12	personnel.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Sections 462.009(e) and (g), Health and Safety
15	15	Code, are amended to read as follows:
16	16	(e) Consent given by a patient or by a person authorized by
17	17	law to consent to treatment on the patient's behalf for the
18	18	administration of a medication, therapy, or treatment is valid only
19	19	if:
20	20	(1) for consent to therapy or treatment:
21	21	(A) the consent is given voluntarily and without
22	22	coercive or undue influence; and
23	23	(B) [(2)] before administration of the
24	24	[medication,] therapy[,] or treatment, the treating physician or
25	25	the psychologist, social worker, professional counselor, or
26	26	chemical dependency counselor explains to the patient and to the
27	27	person giving consent, in simple, nontechnical language:
28	28	(i) [(A)] the specific condition to be
29	29	treated;
30	30	(ii) [(B)] the beneficial effects on that
31	31	condition expected from the [medication,] therapy[,] or treatment;
32	32	(iii) [(C)] the probable health and mental
33	33	health consequences of not consenting to the [medication,]
34	34	therapy[,] or treatment;
35	35	(iv) [(D)] the side effects and risks
36	36	associated with the [medication,] therapy[,] or treatment;
37	37	(v) [(E)] the generally accepted
38	38	alternatives to the [medication,] therapy[,] or treatment, if any,
39	39	and whether an alternative might be appropriate for the patient;
40	40	and
41	41	(vi) [(F)] the proposed course of the
42	42	[medication,] therapy[,] or treatment;
43	43	(2) for consent to the administration of medication:
44	44	(A) the consent is given voluntarily and without
45	45	coercive or undue influence; and
46	46	(B) the treating physician provides each
47	47	explanation required by Subdivision (1)(B) to the patient and to
48	48	the person giving consent in simple, nontechnical language; and
49	49	(3) for consent to medication, therapy, or treatment,
50	50	the informed consent is evidenced in the patient's clinical record
51	51	by a signed form prescribed by the commission for this purpose or by
52	52	a statement of the treating physician or the psychologist, social
53	53	worker, professional counselor, or chemical dependency counselor
54	54	who obtained the consent that documents that consent was given by
55	55	the appropriate person and the circumstances under which the
56	56	consent was obtained.
57	57	(g) Consent given by a patient or by a person authorized by
58	58	law to consent to treatment on the patient's behalf applies to a
59	59	series of doses of medication or to multiple therapies or
60	60	treatments for which consent was previously granted. If the
61	61	treating physician or the psychologist, social worker,
62	62	professional counselor, or chemical dependency counselor obtains
63	63	new information relating to a [medication,] therapy[,] or treatment
64	64	for which consent was previously obtained, the physician or the
65	65	psychologist, social worker, professional counselor, or chemical
66	66	dependency counselor must explain the new information and obtain
67	67	new consent. If the treating physician obtains new information
68	68	relating to a medication for which consent was previously obtained,
69	69	the physician must explain the new information and obtain new
70	70	consent.
71	71	SECTION 2. The heading to Section 462.025, Health and
72	72	Safety Code, is amended to read as follows:
73	73	Sec. 462.025. INTAKE, SCREENING, ASSESSMENT, AND
74	74	ADMISSION.
75	75	SECTION 3. Section 462.025, Health and Safety Code, is
76	76	amended by amending Subsections (a) and (e) and adding Subsection
77	77	(b-1) to read as follows:
78	78	(a) The commission shall adopt rules governing the
79	79	voluntary admission of a patient to a treatment facility, including
80	80	rules governing the intake, screening, and assessment procedures of
81	81	the admission process.
82	82	(b-1) The rules governing the screening process shall
83	83	establish minimum standards for determining whether a prospective
84	84	patient presents sufficient signs, symptoms, or behaviors
85	85	indicating a potential chemical dependency disorder to warrant a
86	86	more in-depth assessment by a qualified professional. The
87	87	screening must be reviewed and approved by a qualified
88	88	professional.
89	89	(e) In accordance with commission rule, a treatment
90	90	facility shall provide annually a minimum of two [eight] hours of
91	91	inservice training regarding intake and screening [and assessment]
92	92	for persons who will be conducting an intake or screening [or
93	93	assessment] for the facility. A person may not conduct intake or
94	94	screenings [or assessments] without having completed the initial
95	95	and applicable annual inservice training.
96	96	SECTION 4. Section 462.025(h), Health and Safety Code, is
97	97	amended by amending Subdivision (2) and adding Subdivision (4) to
98	98	read as follows:
99	99	(2) "Assessment" means the clinical [administrative]
100	100	process a treatment facility uses to gather information from a
101	101	prospective patient, including a medical history and the problem
102	102	for which the patient is seeking treatment, to determine whether a
103	103	prospective patient should be admitted.
104	104	(4) "Screening" means the process a treatment facility
105	105	uses to determine whether a prospective patient presents sufficient
106	106	signs, symptoms, or behaviors to warrant a more in-depth assessment
107	107	by a qualified professional.
108	108	SECTION 5. This Act takes effect September 1, 2011.
109	109	* * * * *