By: Zaffirini S.B. No. 1560
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of chemical dependency treatment
facilities and certain other facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 164.003(6), Health and Safety Code, is
amended to read as follows:
(6) "Mental health professional" means a:
(A) "physician" as defined by Section 571.003;
(B) "licensed professional counselor" as defined
by Section 503.002, Occupations Code;
(C) "chemical dependency counselor" as defined
by Section 504.001, Occupations Code;
(D) "psychologist" offering "psychological
services" as defined by Section 501.003, Occupations Code;
(E) "registered nurse" licensed under Chapter
301, Occupations Code;
(F) "advanced practice registered nurse" as
defined by Section 301.152 ["vocational nurse" licensed under
Chapter 301], Occupations Code;
(G) "licensed marriage and family therapist" as
defined by Section 502.002, Occupations Code; [and]
(H) "social worker" as defined by Section
505.002, Occupations Code; and
(I) "physician assistant" licensed under Chapter
204, Occupations Code.
SECTION 2. Section 164.009(e), Health and Safety Code, is
amended to read as follows:
(e) A chemical dependency facility may not represent or
recommend that a prospective patient should be admitted to a
facility for treatment unless and until:
(1) the prospective patient has been evaluated, in
person, by a mental health professional; and
(2) a [the] mental health professional determines that
the patient meets the facility's admission standards.
SECTION 3. Sections 462.009(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A treatment facility licensed by the department under
Chapter 464 may not provide treatment to a patient without the
patient's legally adequate consent. [A patient receiving treatment
in a treatment facility is entitled to refuse a medication,
therapy, or treatment unless:
[(1) the patient is younger than 18 years of age, the
patient is admitted under Section 462.022(a)(3)(A), and the
patient's parent, managing conservator, or guardian consents to the
medication, therapy, or treatment on behalf of the patient;
[(2) the patient has been adjudicated to be
incompetent to manage the patient's personal affairs or to make a
decision to refuse the medication, therapy, or treatment and the
patient's guardian of the person or another person legally
authorized to consent to medical treatment consents to the
medication, therapy, or treatment on behalf of the patient; or
[(3) a physician treating the patient determines that
the medication is necessary to prevent imminent serious physical
harm to the patient or to another individual and the physician
issues a written order, or a verbal order if authenticated in
writing by the physician within 24 hours, to administer the
medication to the patient.]
(b) The executive commissioner by rule shall prescribe
standards for obtaining a patient's legally adequate consent under
this section, including rules prescribing reasonable efforts to
obtain a patient's consent and requiring documentation for those
efforts. [The decision of a guardian or of a person legally
authorized to consent to medical treatment on the patient's behalf
under Subsection (a)(2) must be based on knowledge of what the
patient would desire, if known.]
SECTION 4. Subchapter A, Chapter 462, Health and Safety
Code, is amended by adding Sections 462.010, 462.011, 462.012, and
462.013 to read as follows:
Sec. 462.010. CONSENT TO MEDICATION. Consent to the
administration of prescription medication given by a patient
receiving treatment in a treatment facility licensed by the
department under Chapter 464 or by a person authorized by law to
consent on behalf of the patient is valid only if:
(1) the consent is given voluntarily and without
coercive or undue influence;
(2) the patient and, if appropriate, the patient's
representative authorized by law to consent on behalf of the
patient are informed in writing that consent may be revoked; and
(3) the consent is evidenced in the patient's clinical
record by a signed form prescribed by the treatment facility or by a
statement of the treating physician or a person designated by the
physician that documents that consent was given by the appropriate
person and the circumstances under which the consent was obtained.
Sec. 462.011. RIGHT TO REFUSE MEDICATION. (a) Each
patient receiving treatment in a treatment facility licensed by the
department under Chapter 464 has the right to refuse unnecessary or
excessive medication.
(b) Medication may not be used by the treatment facility:
(1) as punishment; or
(2) for the convenience of the staff.
Sec. 462.012. MEDICATION INFORMATION. (a) The executive
commissioner by rule shall require the treating physician of a
patient admitted to a treatment facility licensed by the department
under Chapter 464 or a person designated by the physician to provide
to the patient in the patient's primary language, if possible,
information relating to prescription medications ordered by the
physician.
(b) At a minimum, the required information must:
(1) identify the major types of prescription
medications; and
(2) specify for each major type:
(A) the conditions the medications are commonly
used to treat;
(B) the beneficial effects on those conditions
generally expected from the medications;
(C) side effects and risks associated with the
medications;
(D) commonly used examples of medications of the
major type; and
(E) sources of detailed information concerning a
particular medication.
(c) If the treating physician designates another person to
provide the information under Subsection (a), then, not later than
two working days after that person provides the information,
excluding weekends and legal holidays, the physician shall meet
with the patient and, if appropriate, the patient's representative
who provided consent for the administration of the medications
under Section 462.010, to review the information and answer any
questions.
(d) The treating physician or the person designated by the
physician shall also provide the information to the patient's
family on request, but only to the extent not otherwise prohibited
by state or federal confidentiality laws.
Sec. 462.013. LIST OF MEDICATIONS. (a) On the request of a
patient, a person designated by the patient, or the patient's legal
guardian or managing conservator, if any, the facility
administrator of a treatment facility licensed by the department
under Chapter 464 shall provide to the patient, the person
designated by the patient, and the patient's legal guardian or
managing conservator, a list of the medications prescribed for
administration to the patient while the patient is in the treatment
facility. The list must include for each medication:
(1) the name of the medication;
(2) the dosage and schedule prescribed for the
administration of the medication; and
(3) the name of the physician who prescribed the
medication.
(b) The list must be provided before the expiration of four
hours after the facility administrator receives a written request
for the list from the patient, a person designated by the patient,
or the patient's legal guardian or managing conservator, if any. If
sufficient time to prepare the list before discharge is not
available, the list may be mailed before the expiration of 24 hours
after discharge to the patient, the person designated by the
patient, and the patient's legal guardian or managing conservator.
(c) A patient or the patient's legal guardian or managing
conservator, if any, may waive the right of any person to receive
the list of medications while the patient is participating in a
research project if release of the list would jeopardize the
results of the project.
SECTION 5. Section 462.025(h)(4), Health and Safety Code,
is amended to read as follows:
(4) "Screening" means the process a treatment facility
uses to determine whether a prospective patient presents sufficient
signs, symptoms, or behaviors to warrant a more in-depth assessment
by a qualified professional after the patient is admitted.
SECTION 6. The following provisions of the Health and
Safety Code, including provisions amended by S.B. No. 219, Acts of
the 84th Legislature, Regular Session, 2015, are repealed:
(1) Sections 462.009(c), (d), (e), (f), and (g); and
(2) Section 462.025(h)(2).
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.