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  S.B. No. 1560
 
 
 
 
AN ACT
  relating to the regulation of chemical dependency treatment
  facilities and certain other facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 164.009(e), Health and Safety Code, is
  amended to read as follows:
         (e)  A chemical dependency facility may not represent or
  recommend that a prospective patient should be admitted to a
  facility for treatment unless and until:
               (1)  the prospective patient has been evaluated, in
  person, by a mental health professional; and
               (2)  a [the] mental health professional determines that
  the patient meets the facility's admission standards.
         SECTION 2.  Section 462.009, Health and Safety Code, is
  amended by adding Subsection (h) to read as follows:
         (h)  This section does not apply to a treatment facility
  licensed by the department under Chapter 464.
         SECTION 3.  Subchapter A, Chapter 462, Health and Safety
  Code, is amended by adding Sections 462.010, 462.011, 462.012,
  462.013, and 462.014 to read as follows:
         Sec. 462.010.  CONSENT TO TREATMENT AT CERTAIN FACILITIES.  
  (a)  A treatment facility licensed by the department under Chapter
  464 may not provide treatment to a patient without the patient's
  legally adequate consent.
         (b)  The executive commissioner by rule shall prescribe
  standards for obtaining a patient's legally adequate consent under
  this section, including rules prescribing reasonable efforts to
  obtain a patient's consent and requiring documentation for those
  efforts.
         Sec. 462.011.  CONSENT TO MEDICATION. Consent to the
  administration of prescription medication given by a patient
  receiving treatment in a treatment facility licensed by the
  department under Chapter 464 or by a person authorized by law to
  consent on behalf of the patient is valid only if:
               (1)  the consent is given voluntarily and without
  coercive or undue influence;
               (2)  the patient and, if appropriate, the patient's
  representative authorized by law to consent on behalf of the
  patient are informed in writing that consent may be revoked; and
               (3)  the consent is evidenced in the patient's clinical
  record by a signed form prescribed by the treatment facility or by a
  statement of the treating physician or a person designated by the
  physician that documents that consent was given by the appropriate
  person and the circumstances under which the consent was obtained.
         Sec. 462.012.  RIGHT TO REFUSE MEDICATION. (a)  Each
  patient receiving treatment in a treatment facility licensed by the
  department under Chapter 464 has the right to refuse unnecessary or
  excessive medication.
         (b)  Medication may not be used by the treatment facility:
               (1)  as punishment; or
               (2)  for the convenience of the staff.
         Sec. 462.013.  MEDICATION INFORMATION. (a)  The executive
  commissioner by rule shall require the treating physician of a
  patient admitted to a treatment facility licensed by the department
  under Chapter 464 or a person designated by the physician to provide
  to the patient in the patient's primary language, if possible,
  information relating to prescription medications ordered by the
  physician.
         (b)  At a minimum, the required information must:
               (1)  identify the major types of prescription
  medications; and
               (2)  specify for each major type:
                     (A)  the conditions the medications are commonly
  used to treat;
                     (B)  the beneficial effects on those conditions
  generally expected from the medications;
                     (C)  side effects and risks associated with the
  medications;
                     (D)  commonly used examples of medications of the
  major type; and
                     (E)  sources of detailed information concerning a
  particular medication.
         (c)  If the treating physician designates another person to
  provide the information under Subsection (a), then, not later than
  two working days after that person provides the information,
  excluding weekends and legal holidays, the physician shall meet
  with the patient and, if appropriate, the patient's representative
  who provided consent for the administration of the medications
  under Section 462.011, to review the information and answer any
  questions.
         (d)  The treating physician or the person designated by the
  physician shall also provide the information to the patient's
  family on request, but only to the extent not otherwise prohibited
  by state or federal confidentiality laws.
         Sec. 462.014.  LIST OF MEDICATIONS. (a)  On the request of a
  patient, a person designated by the patient, or the patient's legal
  guardian or managing conservator, if any, the facility
  administrator of a treatment facility licensed by the department
  under Chapter 464 shall provide to the patient, the person
  designated by the patient, and the patient's legal guardian or
  managing conservator, a list of the medications prescribed for
  administration to the patient while the patient is in the treatment
  facility. The list must include for each medication:
               (1)  the name of the medication;
               (2)  the dosage and schedule prescribed for the
  administration of the medication; and
               (3)  the name of the physician who prescribed the
  medication.
         (b)  The list must be provided before the expiration of four
  hours after the facility administrator receives a written request
  for the list from the patient, a person designated by the patient,
  or the patient's legal guardian or managing conservator, if any. If
  sufficient time to prepare the list before discharge is not
  available, the list may be mailed before the expiration of 24 hours
  after discharge to the patient, the person designated by the
  patient, and the patient's legal guardian or managing conservator.
         (c)  A patient or the patient's legal guardian or managing
  conservator, if any, may waive the right of any person to receive
  the list of medications while the patient is participating in a
  research project if release of the list would jeopardize the
  results of the project.
         SECTION 4.  Section 462.025(h)(4), Health and Safety Code,
  is amended to read as follows:
               (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 the patient is admitted.
         SECTION 5.  Section 462.025(h)(2), Health and Safety Code,
  is repealed.
         SECTION 6.  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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1560 passed the Senate on
  April 30, 2015, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 28, 2015, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1560 passed the House, with
  amendment, on May 24, 2015, by the following vote: Yeas 138,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor