Texas 2015 - 84th Regular

Texas Senate Bill SB1560 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R29620 LEH-D
2		-	By: Zaffirini S.B. No. 1560
3		-	(Lozano)
4		-	Substitute the following for S.B. No. 1560: No.
	1	+	S.B. No. 1560
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to the regulation of chemical dependency treatment
10	6		facilities and certain other facilities.
11	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	8		SECTION 1. Section 164.009(e), Health and Safety Code, is
13	9		amended to read as follows:
14	10		(e) A chemical dependency facility may not represent or
15	11		recommend that a prospective patient should be admitted to a
16	12		facility for treatment unless and until:
17	13		(1) the prospective patient has been evaluated, in
18	14		person, by a mental health professional; and
19	15		(2) a [the] mental health professional determines that
20	16		the patient meets the facility's admission standards.
21	17		SECTION 2. Section 462.009, Health and Safety Code, is
22	18		amended by adding Subsection (h) to read as follows:
23	19		(h) This section does not apply to a treatment facility
24	20		licensed by the department under Chapter 464.
25	21		SECTION 3. Subchapter A, Chapter 462, Health and Safety
26	22		Code, is amended by adding Sections 462.010, 462.011, 462.012,
27	23		462.013, and 462.014 to read as follows:
28	24		Sec. 462.010. CONSENT TO TREATMENT AT CERTAIN FACILITIES.
29	25		(a) A treatment facility licensed by the department under Chapter
30	26		464 may not provide treatment to a patient without the patient's
31	27		legally adequate consent.
32	28		(b) The executive commissioner by rule shall prescribe
33	29		standards for obtaining a patient's legally adequate consent under
34	30		this section, including rules prescribing reasonable efforts to
35	31		obtain a patient's consent and requiring documentation for those
36	32		efforts.
37	33		Sec. 462.011. CONSENT TO MEDICATION. Consent to the
38	34		administration of prescription medication given by a patient
39	35		receiving treatment in a treatment facility licensed by the
40	36		department under Chapter 464 or by a person authorized by law to
41	37		consent on behalf of the patient is valid only if:
42	38		(1) the consent is given voluntarily and without
43	39		coercive or undue influence;
44	40		(2) the patient and, if appropriate, the patient's
45	41		representative authorized by law to consent on behalf of the
46	42		patient are informed in writing that consent may be revoked; and
47	43		(3) the consent is evidenced in the patient's clinical
48	44		record by a signed form prescribed by the treatment facility or by a
49	45		statement of the treating physician or a person designated by the
50	46		physician that documents that consent was given by the appropriate
51	47		person and the circumstances under which the consent was obtained.
52		-	Sec. 462.012. RIGHT TO REFUSE MEDICATION. (a) Each ~~patient~~
53		-	receiving treatment in a treatment facility licensed by the
	48	+	Sec. 462.012. RIGHT TO REFUSE MEDICATION. (a) Each
	49	+	patient receiving treatment in a treatment facility licensed by the
54	50		department under Chapter 464 has the right to refuse unnecessary or
55	51		excessive medication.
56	52		(b) Medication may not be used by the treatment facility:
57	53		(1) as punishment; or
58	54		(2) for the convenience of the staff.
59	55		Sec. 462.013. MEDICATION INFORMATION. (a) The executive
60	56		commissioner by rule shall require the treating physician of a
61	57		patient admitted to a treatment facility licensed by the department
62	58		under Chapter 464 or a person designated by the physician to provide
63	59		to the patient in the patient's primary language, if possible,
64	60		information relating to prescription medications ordered by the
65	61		physician.
66	62		(b) At a minimum, the required information must:
67	63		(1) identify the major types of prescription
68	64		medications; and
69	65		(2) specify for each major type:
70	66		(A) the conditions the medications are commonly
71	67		used to treat;
72	68		(B) the beneficial effects on those conditions
73	69		generally expected from the medications;
74	70		(C) side effects and risks associated with the
75	71		medications;
76	72		(D) commonly used examples of medications of the
77	73		major type; and
78	74		(E) sources of detailed information concerning a
79	75		particular medication.
80	76		(c) If the treating physician designates another person to
81	77		provide the information under Subsection (a), then, not later than
82	78		two working days after that person provides the information,
83	79		excluding weekends and legal holidays, the physician shall meet
84	80		with the patient and, if appropriate, the patient's representative
85	81		who provided consent for the administration of the medications
86	82		under Section 462.011, to review the information and answer any
87	83		questions.
88	84		(d) The treating physician or the person designated by the
89	85		physician shall also provide the information to the patient's
90	86		family on request, but only to the extent not otherwise prohibited
91	87		by state or federal confidentiality laws.
92	88		Sec. 462.014. LIST OF MEDICATIONS. (a) On the request of a
93	89		patient, a person designated by the patient, or the patient's legal
94	90		guardian or managing conservator, if any, the facility
95	91		administrator of a treatment facility licensed by the department
96	92		under Chapter 464 shall provide to the patient, the person
97	93		designated by the patient, and the patient's legal guardian or
98	94		managing conservator, a list of the medications prescribed for
99	95		administration to the patient while the patient is in the treatment
100	96		facility. The list must include for each medication:
101	97		(1) the name of the medication;
102	98		(2) the dosage and schedule prescribed for the
103	99		administration of the medication; and
104	100		(3) the name of the physician who prescribed the
105	101		medication.
106	102		(b) The list must be provided before the expiration of four
107	103		hours after the facility administrator receives a written request
108	104		for the list from the patient, a person designated by the patient,
109	105		or the patient's legal guardian or managing conservator, if any. If
110	106		sufficient time to prepare the list before discharge is not
111	107		available, the list may be mailed before the expiration of 24 hours
112	108		after discharge to the patient, the person designated by the
113	109		patient, and the patient's legal guardian or managing conservator.
114	110		(c) A patient or the patient's legal guardian or managing
115	111		conservator, if any, may waive the right of any person to receive
116	112		the list of medications while the patient is participating in a
117	113		research project if release of the list would jeopardize the
118	114		results of the project.
119	115		SECTION 4. Section 462.025(h)(4), Health and Safety Code,
120	116		is amended to read as follows:
121	117		(4) "Screening" means the process a treatment facility
122	118		uses to determine whether a prospective patient presents sufficient
123	119		signs, symptoms, or behaviors to warrant a more in-depth assessment
124	120		by a qualified professional after the patient is admitted.
125	121		SECTION 5. Section 462.025(h)(2), Health and Safety Code,
126	122		is repealed.
127	123		SECTION 6. This Act takes effect immediately if it receives
128	124		a vote of two-thirds of all the members elected to each house, as
129	125		provided by Section 39, Article III, Texas Constitution. If this
130	126		Act does not receive the vote necessary for immediate effect, this
131	127		Act takes effect September 1, 2015.
	128	+	______________________________ ______________________________
	129	+	President of the Senate Speaker of the House
	130	+	I hereby certify that S.B. No. 1560 passed the Senate on
	131	+	April 30, 2015, by the following vote: Yeas 31, Nays 0; and that
	132	+	the Senate concurred in House amendment on May 28, 2015, by the
	133	+	following vote: Yeas 31, Nays 0.
	134	+	______________________________
	135	+	Secretary of the Senate
	136	+	I hereby certify that S.B. No. 1560 passed the House, with
	137	+	amendment, on May 24, 2015, by the following vote: Yeas 138,
	138	+	Nays 0, two present not voting.
	139	+	______________________________
	140	+	Chief Clerk of the House
	141	+	Approved:
	142	+	______________________________
	143	+	Date
	144	+	______________________________
	145	+	Governor