bill tightening patient rights notices at treatment facilities

The text as introduced · 1,036 words

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.