Bill Text: TX HB3676 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to chemical dependency treatment facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-19 - Referred to Human Services [HB3676 Detail]
Download: Texas-2015-HB3676-Introduced.html
By: Naishtat | H.B. No. 3676 |
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relating to chemical dependency treatment facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 462.009(e), Health and Safety Code, is | ||
amended to read as follows: | ||
(e) Consent given by a patient or by a person authorized by | ||
law to consent to treatment on the patient's behalf for the | ||
administration of a medication, therapy, or treatment is valid only | ||
if: | ||
(1) for consent to therapy or treatment: | ||
(A) the consent is given voluntarily and without | ||
coercive or undue influence; and | ||
(B) before administration of the therapy or | ||
treatment, the treating physician or the psychologist, social | ||
worker, professional counselor, or chemical dependency counselor | ||
explains to the patient and to the person giving consent, in simple, | ||
nontechnical language or in writing: | ||
(i) the specific condition to be treated; | ||
(ii) the beneficial effects on that | ||
condition expected from the therapy or treatment; | ||
(iii) the probable health and mental health | ||
consequences of not consenting to the therapy or treatment; | ||
(iv) the side effects and risks associated | ||
with the therapy or treatment; | ||
(v) the generally accepted alternatives to | ||
the therapy or treatment, if any, and whether an alternative might | ||
be appropriate for the patient; and | ||
(vi) the proposed course of the therapy or | ||
treatment; | ||
(2) for consent to the administration of medication: | ||
(A) the consent is given voluntarily and without | ||
coercive or undue influence; and | ||
(B) the treating physician or person delegated by | ||
the treating physician or medical director provides each | ||
explanation required by Subdivision (1)(B) to the patient and to | ||
the person giving consent in simple, nontechnical language; and | ||
(3) for consent to medication, therapy, or treatment, | ||
the informed consent is evidenced in the patient's clinical record | ||
by a signed form prescribed by the commission for this purpose or by | ||
a statement of the treating physician or the psychologist, social | ||
worker, professional counselor, or chemical dependency counselor | ||
who obtained the consent that documents that consent was given by | ||
the appropriate person and the circumstances under which the | ||
consent was obtained. | ||
SECTION 2. Section 462.025(h), Health and Safety Code, is | ||
amended to read as follows: | ||
(h) In this section: | ||
(1) "Admission" means the formal acceptance of a | ||
prospective patient to a treatment facility. | ||
(2) "Assessment" means the clinical process a | ||
treatment facility uses to gather information from a prospective | ||
patient, including a medical history and the problem for which the | ||
patient is seeking treatment |
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(3) "Intake" means the administrative process for | ||
gathering information about a prospective patient and giving a | ||
prospective patient information about the treatment facility and | ||
the facility's treatment and services. | ||
(4) "Screening" means the process a treatment facility | ||
uses to determine whether a prospective patient presents sufficient | ||
signs, symptoms, or behaviors to warrant a more in-depth assessment | ||
by a qualified professional after a patient is admitted. | ||
SECTION 3. This Act takes effect immediately if it receives a vote | ||
of two-thirds of all the members elected to each house, as provided | ||
by Section 39, Article III, Texas Constitution. If this Act does | ||
not receive the vote necessary for immediate effect, this Act takes | ||
effect September 1, 2015. |