Texas 2023 - 88th Regular

Texas House Bill HB2149 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R15762 MPF-D
2	2	By: Gervin-Hawkins, Gates, et al. H.B. No. 2149
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to notice of rights provided to a patient receiving
8	8	inpatient mental health, chemical dependency, or comprehensive
9	9	medical rehabilitation services at certain facilities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 321.001, Health and Safety Code, is
12	12	amended by adding Subdivision (1-b) to read as follows:
13	13	(1-b) "Facility" means an inpatient facility at which
14	14	voluntary or involuntary mental health, chemical dependency, or
15	15	comprehensive medical rehabilitation services are provided,
16	16	including a:
17	17	(A) child-care facility;
18	18	(B) hospital;
19	19	(C) mental health facility; and
20	20	(D) treatment facility.
21	21	SECTION 2. Section 321.002, Health and Safety Code, is
22	22	amended by amending Subsections (f), (g), and (h) and adding
23	23	Subsection (f-1) to read as follows:
24	24	(f) Before a facility may admit a patient for inpatient
25	25	mental health, chemical dependency, or comprehensive medical
26	26	rehabilitation services, or before a child-care facility may accept
27	27	a minor for treatment, the facility shall provide to the person and,
28	28	if appropriate, to the person's parent, managing conservator, or
29	29	guardian, a written copy of the applicable "bill of rights" adopted
30	30	under this section. The facility shall provide the written copies
31	31	in the person's primary language[, if possible]. In addition, the
32	32	facility shall ensure that[, within 24 hours after the person is
33	33	admitted to the facility,] the rights specified in the written copy
34	34	are explained to the person and, if appropriate, to the person's
35	35	parent, managing conservator, or guardian:
36	36	(1) orally, in simple, nontechnical terms in the
37	37	person's primary language[, if possible]; or
38	38	(2) through a means reasonably calculated to
39	39	communicate with a person who has an impairment of vision or
40	40	hearing, if applicable.
41	41	(f-1) The oral and written communication required by
42	42	Subsection (f) must be provided on two separate days as follows:
43	43	(1) if English is the patient's primary language:
44	44	(A) at the time the patient is admitted to the
45	45	facility; and
46	46	(B) not later than the third day after the date
47	47	the patient is admitted to the facility; or
48	48	(2) if English is not the patient's primary language:
49	49	(A) not later than 24 hours after the patient is
50	50	admitted to the facility; and
51	51	(B) not later than the third day after the date
52	52	the patient is admitted to the facility.
53	53	(g) The facility shall ensure that:
54	54	(1) each patient admitted for inpatient mental health,
55	55	chemical dependency, or comprehensive rehabilitation services and
56	56	each minor admitted for treatment in a child-care facility and, if
57	57	appropriate, the person's parent, managing conservator, or
58	58	guardian signs each [a] copy of the document stating that the person
59	59	has read the document and understands the rights specified in the
60	60	document; and
61	61	(2) the signed copies are [copy is] made a part of the
62	62	person's clinical record.
63	63	(h) A facility shall prominently and conspicuously post a
64	64	copy of the "bill of rights" for display in a public area of the
65	65	facility that is readily available to patients, residents,
66	66	employees, and visitors. The "bill of rights" must:
67	67	(1) include the name and contact information of the
68	68	person with whom a complaint regarding a violation of the rights
69	69	provided by this chapter, Subtitle C of Title 7, Chapters 241, 462,
70	70	464, and 466, and any other provisions the executive commissioner
71	71	considers necessary to protect the health, safety, and rights of a
72	72	patient receiving voluntary or involuntary mental health, chemical
73	73	dependency, or comprehensive medical rehabilitation services in an
74	74	inpatient facility may be filed; and
75	75	(2) be in English and in a second language appropriate
76	76	to the demographic composition of the community served by the
77	77	facility.
78	78	SECTION 3. Section 576.009, Health and Safety Code, is
79	79	amended to read as follows:
80	80	Sec. 576.009. NOTIFICATION OF RIGHTS. A patient receiving
81	81	involuntary inpatient mental health services shall be informed of
82	82	the rights provided by this subtitle:
83	83	(1) through a poster displayed in the mental health
84	84	facility in the manner provided by Section 321.002(h); and
85	85	(2) either:
86	86	(A) orally, in simple, nontechnical terms, and in
87	87	writing in the manner provided by Section 321.002(f-1) [that, if
88	88	possible, is in the person's primary language]; or
89	89	(B) [(2)] through the use of a means reasonably
90	90	calculated to communicate with a hearing impaired or visually
91	91	impaired person, if applicable.
92	92	SECTION 4. The changes in law made by this Act apply only to
93	93	a patient's admittance to a facility for inpatient mental health,
94	94	chemical dependency, or comprehensive medical rehabilitation
95	95	services on or after the effective date of this Act. A patient's
96	96	admittance to a facility for mental health, chemical dependency, or
97	97	comprehensive medical rehabilitation services before the effective
98	98	date of this Act is governed by the law in effect on the date the
99	99	patient was admitted, and the former law is continued in effect for
100	100	that purpose.
101	101	SECTION 5. This Act takes effect September 1, 2023.