Texas 2013 - 83rd Regular

Texas House Bill HB1739

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

Caption

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

Impact

The bill significantly impacts state laws governing mental health treatment and patient rights, ensuring that individuals cannot have psychoactive medications forcibly administered unless certain criteria are met, which include the presence of a medication-related emergency or prior legal consent from a representative. This change aims to safeguard clients' rights while promoting ethical standards in mental health care. Consequently, facilities must adapt protocols to ensure compliance with the new regulations and provide adequate personnel training to uphold clients' rights effectively.

Summary

House Bill 1739 pertains to the administration of psychoactive medications to individuals receiving services in specific facilities. The legislation mandates that every client has the right to refuse such medications, enhancing their autonomy and informed consent rights. This bill amends Section 592 of the Health and Safety Code, making compliance with the consent requirements vital before any psychoactive medications can be administered. In situations where the client is deemed to have a 'medication-related emergency,' specific conditions apply under which medications can be administered against the client's will.

Contention

There are notable points of contention surrounding the bill, particularly concerning the balance between patient autonomy and the need for intervention in cases where clients may pose a danger to themselves or others. Critics may argue that while protecting individual rights is paramount, there could be scenarios where immediate treatment is necessary to manage dangerous behaviors effectively. As such, this bill might lead to debates on how to define a 'medication-related emergency' and the standards to which facilities must adhere when determining the necessity and appropriateness of forced medication.

Companion Bills

TX SB34

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

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 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.