Texas 2025 - 89th Regular

Texas House Bill HB473 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3621 MPF-D
2	2	By: Gervin-Hawkins H.B. No. 473
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to notice of rights provided to a patient receiving
10	10	certain mental health, chemical dependency, or rehabilitation
11	11	treatment or services at certain facilities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 321.002, Health and Safety Code, is
14	14	amended by amending Subsections (a), (f), (g), and (h) and adding
15	15	Subsections (a-1) and (f-1) to read as follows:
16	16	(a) This section applies to:
17	17	(1) an inpatient facility at which voluntary or
18	18	involuntary mental health, chemical dependency, or comprehensive
19	19	medical rehabilitation services are provided, including a:
20	20	(A) child-care facility;
21	21	(B) hospital;
22	22	(C) mental health facility; and
23	23	(D) treatment facility; and
24	24	(2) a child-care facility at which treatment is
25	25	provided to minors for emotional, mental health, or chemical
26	26	dependency problems.
27	27	(a-1) The executive commissioner by rule shall adopt a
28	28	"patient's bill of rights" that includes the applicable rights
29	29	included in this chapter, Subtitle C of Title 7, Chapters 241, 462,
30	30	464, and 466, and any other provisions the executive commissioner
31	31	considers necessary to protect the health, safety, and rights of a
32	32	patient receiving voluntary or involuntary mental health, chemical
33	33	dependency, or comprehensive medical rehabilitation services in an
34	34	inpatient facility. In addition, the executive commissioner shall
35	35	adopt rules that:
36	36	(1) provide standards to prevent the admission of a
37	37	minor to a facility for treatment of a condition that is not
38	38	generally recognized as responsive to treatment in an inpatient
39	39	treatment setting; and
40	40	(2) prescribe the procedure for presenting the
41	41	applicable bill of rights and obtaining each necessary signature
42	42	if:
43	43	(A) the patient cannot comprehend the
44	44	information because of illness, age, or other factors; or
45	45	(B) an emergency exists that precludes immediate
46	46	presentation of the information.
47	47	(f) Before a facility may admit a patient for inpatient
48	48	mental health, chemical dependency, or comprehensive medical
49	49	rehabilitation services, or before a child-care facility may accept
50	50	a minor for treatment, the facility shall provide to the person and,
51	51	if appropriate, to the person's parent, managing conservator, or
52	52	guardian, a written copy of the applicable "bill of rights" adopted
53	53	under this section. The facility shall provide the written copies
54	54	in the person's primary language[, if possible]. In addition, the
55	55	facility shall ensure that[, within 24 hours after the person is
56	56	admitted to the facility,] the rights specified in the written copy
57	57	are explained to the person and, if appropriate, to the person's
58	58	parent, managing conservator, or guardian:
59	59	(1) orally, in simple, nontechnical terms in the
60	60	person's primary language[, if possible]; or
61	61	(2) through a means reasonably calculated to
62	62	communicate with a person who has an impairment of vision or
63	63	hearing, if applicable.
64	64	(f-1) The oral and written communication required by
65	65	Subsection (f) must be provided on two separate days as follows:
66	66	(1) if English is the patient's primary language:
67	67	(A) at the time the patient is admitted to the
68	68	facility or accepted by the facility for treatment; and
69	69	(B) not later than the third day after the date
70	70	the patient is admitted to the facility or accepted by the facility
71	71	for treatment; or
72	72	(2) if English is not the patient's primary language:
73	73	(A) not later than 24 hours after the patient is
74	74	admitted to the facility or accepted by the facility for treatment;
75	75	and
76	76	(B) not later than the third day after the date
77	77	the patient is admitted to the facility or accepted by the facility
78	78	for treatment.
79	79	(g) The facility shall ensure that:
80	80	(1) each patient admitted for inpatient mental health,
81	81	chemical dependency, or comprehensive rehabilitation services and
82	82	each minor accepted [admitted] for treatment in a child-care
83	83	facility and, if appropriate, the person's parent, managing
84	84	conservator, or guardian signs each [a] copy of the document
85	85	stating that the person has read the document and understands the
86	86	rights specified in the document; and
87	87	(2) the signed copies are [copy is] made a part of the
88	88	person's clinical record.
89	89	(h) A facility shall prominently and conspicuously post a
90	90	copy of the "bill of rights" for display in a public area of the
91	91	facility that is readily available to patients, residents,
92	92	employees, and visitors. The "bill of rights" must:
93	93	(1) include the name and contact information of the
94	94	person with whom a complaint regarding a violation of the rights
95	95	provided by this chapter, Subtitle C of Title 7, Chapters 241, 462,
96	96	464, and 466, and any other provisions the executive commissioner
97	97	considers necessary to protect the health, safety, and rights of a
98	98	patient of a facility to which this section applies may be filed;
99	99	and
100	100	(2) be in English and in a second language appropriate
101	101	to the demographic composition of the community served by the
102	102	facility.
103	103	SECTION 2. Section 576.009, Health and Safety Code, is
104	104	amended to read as follows:
105	105	Sec. 576.009. NOTIFICATION OF RIGHTS. A patient receiving
106	106	involuntary inpatient mental health services shall be informed of
107	107	the rights provided by this subtitle:
108	108	(1) through a poster displayed in the mental health
109	109	facility in the manner provided by Section 321.002(h); and
110	110	(2) either:
111	111	(A) orally, in simple, nontechnical terms, and in
112	112	writing in the manner provided by Section 321.002(f-1) [that, if
113	113	possible, is in the person's primary language]; or
114	114	(B) [(2)] through the use of a means reasonably
115	115	calculated to communicate with a hearing impaired or visually
116	116	impaired person, if applicable.
117	117	SECTION 3. The changes in law made by this Act apply only to
118	118	a patient admitted to a facility for inpatient mental health,
119	119	chemical dependency, or comprehensive medical rehabilitation
120	120	services or a minor accepted by a child-care facility to receive
121	121	treatment for an emotional, mental health, or chemical dependency
122	122	problem on or after the effective date of this Act. A patient
123	123	admitted to a facility for mental health, chemical dependency, or
124	124	comprehensive medical rehabilitation services or a minor accepted
125	125	by a child-care facility to receive treatment for an emotional,
126	126	mental health, or chemical dependency problem before the effective
127	127	date of this Act is governed by the law in effect on the date the
128	128	patient was admitted or minor was accepted, and the former law is
129	129	continued in effect for that purpose.
130	130	SECTION 4. This Act takes effect September 1, 2025.