Texas 2015 - 84th Regular

Texas House Bill HB3676 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Naishtat H.B. No. 3676
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to chemical dependency treatment facilities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 462.009(e), Health and Safety Code, is
9	9	amended to read as follows:
10	10	(e) Consent given by a patient or by a person authorized by
11	11	law to consent to treatment on the patient's behalf for the
12	12	administration of a medication, therapy, or treatment is valid only
13	13	if:
14	14	(1) for consent to therapy or treatment:
15	15	(A) the consent is given voluntarily and without
16	16	coercive or undue influence; and
17	17	(B) before administration of the therapy or
18	18	treatment, the treating physician or the psychologist, social
19	19	worker, professional counselor, or chemical dependency counselor
20	20	explains to the patient and to the person giving consent, in simple,
21	21	nontechnical language or in writing:
22	22	(i) the specific condition to be treated;
23	23	(ii) the beneficial effects on that
24	24	condition expected from the therapy or treatment;
25	25	(iii) the probable health and mental health
26	26	consequences of not consenting to the therapy or treatment;
27	27	(iv) the side effects and risks associated
28	28	with the therapy or treatment;
29	29	(v) the generally accepted alternatives to
30	30	the therapy or treatment, if any, and whether an alternative might
31	31	be appropriate for the patient; and
32	32	(vi) the proposed course of the therapy or
33	33	treatment;
34	34	(2) for consent to the administration of medication:
35	35	(A) the consent is given voluntarily and without
36	36	coercive or undue influence; and
37	37	(B) the treating physician or person delegated by
38	38	the treating physician or medical director provides each
39	39	explanation required by Subdivision (1)(B) to the patient and to
40	40	the person giving consent in simple, nontechnical language; and
41	41	(3) for consent to medication, therapy, or treatment,
42	42	the informed consent is evidenced in the patient's clinical record
43	43	by a signed form prescribed by the commission for this purpose or by
44	44	a statement of the treating physician or the psychologist, social
45	45	worker, professional counselor, or chemical dependency counselor
46	46	who obtained the consent that documents that consent was given by
47	47	the appropriate person and the circumstances under which the
48	48	consent was obtained.
49	49	SECTION 2. Section 462.025(h), Health and Safety Code, is
50	50	amended to read as follows:
51	51	(h) In this section:
52	52	(1) "Admission" means the formal acceptance of a
53	53	prospective patient to a treatment facility.
54	54	(2) "Assessment" means the clinical process a
55	55	treatment facility uses to gather information from a prospective
56	56	patient, including a medical history and the problem for which the
57	57	patient is seeking treatment, to determine whether a prospective
58	58	patient should be admitted.
59	59	(3) "Intake" means the administrative process for
60	60	gathering information about a prospective patient and giving a
61	61	prospective patient information about the treatment facility and
62	62	the facility's treatment and services.
63	63	(4) "Screening" means the process a treatment facility
64	64	uses to determine whether a prospective patient presents sufficient
65	65	signs, symptoms, or behaviors to warrant a more in-depth assessment
66	66	by a qualified professional after a patient is admitted.
67	67	SECTION 3. This Act takes effect immediately if it receives a vote
68	68	of two-thirds of all the members elected to each house, as provided
69	69	by Section 39, Article III, Texas Constitution. If this Act does
70	70	not receive the vote necessary for immediate effect, this Act takes
71	71	effect September 1, 2015.