89R3621 MPF-D
By: Gervin-Hawkins H.B. No. 473
A BILL TO BE ENTITLED
AN ACT
relating to notice of rights provided to a patient receiving
certain mental health, chemical dependency, or rehabilitation
treatment or services at certain facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 321.002, Health and Safety Code, is
amended by amending Subsections (a), (f), (g), and (h) and adding
Subsections (a-1) and (f-1) to read as follows:
(a) This section applies to:
(1) an inpatient facility at which voluntary or
involuntary mental health, chemical dependency, or comprehensive
medical rehabilitation services are provided, including a:
(A) child-care facility;
(B) hospital;
(C) mental health facility; and
(D) treatment facility; and
(2) a child-care facility at which treatment is
provided to minors for emotional, mental health, or chemical
dependency problems.
(a-1) The executive commissioner by rule shall adopt a
"patient's bill of rights" that includes the applicable rights
included in this chapter, Subtitle C of Title 7, Chapters 241, 462,
464, and 466, and any other provisions the executive commissioner
considers necessary to protect the health, safety, and rights of a
patient receiving voluntary or involuntary mental health, chemical
dependency, or comprehensive medical rehabilitation services in an
inpatient facility. In addition, the executive commissioner shall
adopt rules that:
(1) provide standards to prevent the admission of a
minor to a facility for treatment of a condition that is not
generally recognized as responsive to treatment in an inpatient
treatment setting; and
(2) prescribe the procedure for presenting the
applicable bill of rights and obtaining each necessary signature
if:
(A) the patient cannot comprehend the
information because of illness, age, or other factors; or
(B) an emergency exists that precludes immediate
presentation of the information.
(f) Before a facility may admit a patient for inpatient
mental health, chemical dependency, or comprehensive medical
rehabilitation services, or before a child-care facility may accept
a minor for treatment, the facility shall provide to the person and,
if appropriate, to the person's parent, managing conservator, or
guardian, a written copy of the applicable "bill of rights" adopted
under this section. The facility shall provide the written copies
in the person's primary language[, if possible]. In addition, the
facility shall ensure that[, within 24 hours after the person is
admitted to the facility,] the rights specified in the written copy
are explained to the person and, if appropriate, to the person's
parent, managing conservator, or guardian:
(1) orally, in simple, nontechnical terms in the
person's primary language[, if possible]; or
(2) through a means reasonably calculated to
communicate with a person who has an impairment of vision or
hearing, if applicable.
(f-1) The oral and written communication required by
Subsection (f) must be provided on two separate days as follows:
(1) if English is the patient's primary language:
(A) at the time the patient is admitted to the
facility or accepted by the facility for treatment; and
(B) not later than the third day after the date
the patient is admitted to the facility or accepted by the facility
for treatment; or
(2) if English is not the patient's primary language:
(A) not later than 24 hours after the patient is
admitted to the facility or accepted by the facility for treatment;
and
(B) not later than the third day after the date
the patient is admitted to the facility or accepted by the facility
for treatment.
(g) The facility shall ensure that:
(1) each patient admitted for inpatient mental health,
chemical dependency, or comprehensive rehabilitation services and
each minor accepted [admitted] for treatment in a child-care
facility and, if appropriate, the person's parent, managing
conservator, or guardian signs each [a] copy of the document
stating that the person has read the document and understands the
rights specified in the document; and
(2) the signed copies are [copy is] made a part of the
person's clinical record.
(h) A facility shall prominently and conspicuously post a
copy of the "bill of rights" for display in a public area of the
facility that is readily available to patients, residents,
employees, and visitors. The "bill of rights" must:
(1) include the name and contact information of the
person with whom a complaint regarding a violation of the rights
provided by this chapter, Subtitle C of Title 7, Chapters 241, 462,
464, and 466, and any other provisions the executive commissioner
considers necessary to protect the health, safety, and rights of a
patient of a facility to which this section applies may be filed;
and
(2) be in English and in a second language appropriate
to the demographic composition of the community served by the
facility.
SECTION 2. Section 576.009, Health and Safety Code, is
amended to read as follows:
Sec. 576.009. NOTIFICATION OF RIGHTS. A patient receiving
involuntary inpatient mental health services shall be informed of
the rights provided by this subtitle:
(1) through a poster displayed in the mental health
facility in the manner provided by Section 321.002(h); and
(2) either:
(A) orally, in simple, nontechnical terms, and in
writing in the manner provided by Section 321.002(f-1) [that, if
possible, is in the person's primary language]; or
(B) [(2)] through the use of a means reasonably
calculated to communicate with a hearing impaired or visually
impaired person, if applicable.
SECTION 3. The changes in law made by this Act apply only to
a patient admitted to a facility for inpatient mental health,
chemical dependency, or comprehensive medical rehabilitation
services or a minor accepted by a child-care facility to receive
treatment for an emotional, mental health, or chemical dependency
problem on or after the effective date of this Act. A patient
admitted to a facility for mental health, chemical dependency, or
comprehensive medical rehabilitation services or a minor accepted
by a child-care facility to receive treatment for an emotional,
mental health, or chemical dependency problem before the effective
date of this Act is governed by the law in effect on the date the
patient was admitted or minor was accepted, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.