Texas 2017 - 85th Regular

Texas House Bill HB1787 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Wray (Senate Sponsor - Rodríguez) H.B. No. 1787
2		-	(In the Senate - Received from the House May 3, 2017;
3		-	May 9, 2017, read first time and referred to Committee on Health &
4		-	Human Services; May 17, 2017, reported favorably by the following
5		-	vote: Yeas 9, Nays 0; May 17, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1787
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the execution of a declaration for mental health
12	6		treatment.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. The heading to Section 137.003, Civil Practice
15	9		and Remedies Code, is amended to read as follows:
16	10		Sec. 137.003. EXECUTION AND WITNESSES; EXECUTION AND
17	11		ACKNOWLEDGMENT BEFORE NOTARY PUBLIC.
18	12		SECTION 2. Section 137.003(a), Civil Practice and Remedies
19	13		Code, is amended to read as follows:
20	14		(a) A declaration for mental health treatment must be:
21	15		(1) signed by the principal in the presence of two or
22	16		more subscribing witnesses; or
23	17		(2) signed by the principal and acknowledged before a
24	18		notary public.
25	19		SECTION 3. Section 137.011, Civil Practice and Remedies
26	20		Code, is amended to read as follows:
27	21		Sec. 137.011. FORM OF DECLARATION FOR MENTAL HEALTH
28	22		TREATMENT. The declaration for mental health treatment must be in
29	23		substantially the following form:
30	24		DECLARATION FOR MENTAL HEALTH TREATMENT
31	25		I, __________________, being an adult of sound mind, wilfully
32	26		and voluntarily make this declaration for mental health treatment
33	27		to be followed if it is determined by a court that my ability to
34	28		understand the nature and consequences of a proposed treatment,
35	29		including the benefits, risks, and alternatives to the proposed
36	30		treatment, is impaired to such an extent that I lack the capacity to
37	31		make mental health treatment decisions. "Mental health treatment"
38	32		means electroconvulsive or other convulsive treatment, treatment
39	33		of mental illness with psychoactive medication, and preferences
40	34		regarding emergency mental health treatment.
41	35		(OPTIONAL PARAGRAPH) I understand that I may become
42	36		incapable of giving or withholding informed consent for mental
43	37		health treatment due to the symptoms of a diagnosed mental
44	38		disorder. These symptoms may include:
45	39		________________________________________________________________
46	40		PSYCHOACTIVE MEDICATIONS
47	41		If I become incapable of giving or withholding informed
48	42		consent for mental health treatment, my wishes regarding
49	43		psychoactive medications are as follows:
50	44		_____ I consent to the administration of the following
51	45		medications:
52	46		________________________________________________________________
53	47		_____ I do not consent to the administration of the following
54	48		medications:
55	49		________________________________________________________________
56	50		_____ I consent to the administration of a federal Food and
57	51		Drug Administration approved medication that was only approved and
58	52		in existence after my declaration and that is considered in the same
59	53		class of psychoactive medications as stated below:
60	54		________________________________________________________________
61	55		Conditions or limitations: ________________________________
62	56		CONVULSIVE TREATMENT
63	57		If I become incapable of giving or withholding informed
64	58		consent for mental health treatment, my wishes regarding convulsive
65	59		treatment are as follows:
66	60		_____ I consent to the administration of convulsive
67	61		treatment.
68	62		_____ I do not consent to the administration of convulsive
69	63		treatment.
70	64		Conditions or limitations: ________________________________
71	65		PREFERENCES FOR EMERGENCY TREATMENT
72	66		In an emergency, I prefer the following treatment FIRST
73	67		(circle one) Restraint/Seclusion/Medication.
74	68		In an emergency, I prefer the following treatment SECOND
75	69		(circle one) Restraint/Seclusion/Medication.
76	70		In an emergency, I prefer the following treatment THIRD
77	71		(circle one) Restraint/Seclusion/Medication.
78	72		______ I prefer a male/female to administer restraint,
79	73		seclusion, and/or medications.
80	74		Options for treatment prior to use of restraint, seclusion,
81	75		and/or medications:
82	76		________________________________________________________________
83	77		Conditions or limitations: ________________________________
84	78		ADDITIONAL PREFERENCES OR INSTRUCTIONS
85	79		________________________________________________________________
86	80		Conditions or limitations: ________________________________
87	81		Signature of Principal/Date: ______________________________
88	82		SIGNATURE ACKNOWLEDGED BEFORE NOTARY PUBLIC
89	83		State of Texas
90	84		County of_________
91	85		This instrument was acknowledged before me on ______(date) by
92	86		___________(name of notary public).
93	87		_____________________
94	88		NOTARY PUBLIC, State of Texas
95	89		Printed name of Notary Public:
96	90		_____________________________
97	91		My commission expires:
98	92		_____________________________
99	93		SIGNATURE IN PRESENCE OF TWO WITNESSES
100	94		STATEMENT OF WITNESSES
101	95		I declare under penalty of perjury that the principal's name
102	96		has been represented to me by the principal, that the principal
103	97		signed or acknowledged this declaration in my presence, that I
104	98		believe the principal to be of sound mind, that the principal has
105	99		affirmed that the principal is aware of the nature of the document
106	100		and is signing it voluntarily and free from duress, that the
107	101		principal requested that I serve as witness to the principal's
108	102		execution of this document, and that I am not a provider of health
109	103		or residential care to the principal, an employee of a provider of
110	104		health or residential care to the principal, an operator of a
111	105		community health care facility providing care to the principal, or
112	106		an employee of an operator of a community health care facility
113	107		providing care to the principal.
114	108		I declare that I am not related to the principal by blood,
115	109		marriage, or adoption and that to the best of my knowledge I am not
116	110		entitled to and do not have a claim against any part of the estate of
117	111		the principal on the death of the principal under a will or by
118	112		operation of law.
119	113		Witness
120	114		Signature: ______________________________________________
121	115		Print
122	116		Name: _____________________________________________________
123	117		Date: ______________________
124	118		Address: _______________________________________________________
125	119		Witness
126	120		Signature: ______________________________________________
127	121		Print
128	122		Name: _____________________________________________________
129	123		Date: ______________________
130	124		Address: _______________________________________________________
131	125		NOTICE TO PERSON MAKING A DECLARATION FOR MENTAL HEALTH TREATMENT
132	126		This is an important legal document. It creates a
133	127		declaration for mental health treatment. Before signing this
134	128		document, you should know these important facts:
135	129		This document allows you to make decisions in advance about
136	130		mental health treatment and specifically three types of mental
137	131		health treatment: psychoactive medication, convulsive therapy,
138	132		and emergency mental health treatment. The instructions that you
139	133		include in this declaration will be followed only if a court
140	134		believes that you are incapacitated to make treatment decisions.
141	135		Otherwise, you will be considered able to give or withhold consent
142	136		for the treatments.
143	137		This document will continue in effect for a period of three
144	138		years unless you become incapacitated to participate in mental
145	139		health treatment decisions. If this occurs, the directive will
146	140		continue in effect until you are no longer incapacitated.
147	141		You have the right to revoke this document in whole or in part
148	142		at any time you have not been determined to be incapacitated. YOU
149	143		MAY NOT REVOKE THIS DECLARATION WHEN YOU ARE CONSIDERED BY A COURT
150	144		TO BE INCAPACITATED. A revocation is effective when it is
151	145		communicated to your attending physician or other health care
152	146		provider.
153	147		If there is anything in this document that you do not
154	148		understand, you should ask a lawyer to explain it to you. This
155	149		declaration is not valid unless it is either acknowledged before a
156	150		notary public or signed by two qualified witnesses who are
157	151		personally known to you and who are present when you sign or
158	152		acknowledge your signature.
159	153		SECTION 4. The changes in law made by this Act to Sections
160	154		137.003 and 137.011, Civil Practice and Remedies Code, apply to a
161	155		declaration for mental health treatment executed on or after the
162	156		effective date of this Act. A declaration for mental health
163	157		treatment executed before the effective date of this Act is
164	158		governed by the law as it existed on the date the declaration for
165	159		mental health treatment was executed, and the former law is
166	160		continued in effect for that purpose.
167	161		SECTION 5. This Act takes effect September 1, 2017.
168		-	* * * * *
	162	+	______________________________ ______________________________
	163	+	President of the Senate Speaker of the House
	164	+	I certify that H.B. No. 1787 was passed by the House on May 2,
	165	+	2017, by the following vote: Yeas 143, Nays 1, 1 present, not
	166	+	voting.
	167	+	______________________________
	168	+	Chief Clerk of the House
	169	+	I certify that H.B. No. 1787 was passed by the Senate on May
	170	+	23, 2017, by the following vote: Yeas 31, Nays 0.
	171	+	______________________________
	172	+	Secretary of the Senate
	173	+	APPROVED: _____________________
	174	+	Date
	175	+	_____________________
	176	+	Governor