Texas 2011 - 82nd Regular

Texas Senate Bill SB55

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

This legislation impacts the Health and Safety Code by introducing clearer definitions of 'capacity' and establishing protocols for administering psychoactive medications in both voluntary and involuntary treatment settings. It creates a legal framework that strengthens the rights of clients regarding medication administration, requiring consent before any psychoactive drugs can be administered unless under dire conditions defined within the law. Thus, the bill both respects individual autonomy and seeks to protect public safety by defining circumstances under which intervention is necessary.

Summary

SB55, introduced by Senator Zaffirini, focuses on the administration of psychoactive medications to individuals receiving services in various facilities. The bill amends existing statutes by ensuring that clients have the explicit right to refuse psychoactive medications, except in specific circumstances where their refusal may lead to harm either to themselves or others. These provisions aim to safeguard individual rights while balancing the need to address patients' mental health emergencies appropriately.

Sentiment

Overall, the sentiment surrounding SB55 appears to be cautiously supportive, recognizing the vital importance of patient rights in mental health care while acknowledging the complexities involved in situations necessitating quick decisions regarding treatment. Supporters laud the bill's emphasis on informed consent and the rights of clients, while opponents might raise concerns about situations where immediate medication administration could be prudent for preventing harm.

Contention

Notable points of contention relate to specific provisions about authorization for the administration of medications against a client's wishes during medication-related emergencies. Some stakeholders argue that the requirements for court involvement and lawyer representation may complicate urgent clinical decisions. Furthermore, the issue of balancing right to refuse treatment with the need for safety in emergency situations can create friction between mental health advocates and legislative priorities for public health.

Companion Bills

No companion bills found.

Similar Bills

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 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 HB836

Relating to certain persons receiving mental health services.

TX HB3930

Relating to the provision of care and treatment to certain incapacitated persons.

TX SB1752

Relating to declarations for mental health treatment.

TX HB3190

Relating to the administration of psychoactive medication to certain patients.

TX SB35

Relating to the pro re nata administration of psychoactive medication in certain residential health care facilities.