H.B. No. 3146

	AN ACT
	relating to consent for treatment for chemical dependency in a
	treatment facility and required training for the facility's intake
	personnel.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 462.009(e) and (g), Health and Safety
	Code, are 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) [(2)]  before administration of the
	[medication,] 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:
	(i) [(A)]  the specific condition to be
	treated;
	(ii) [(B)]  the beneficial effects on that
	condition expected from the [medication,] therapy[,] or treatment;
	(iii) [(C)]  the probable health and mental
	health consequences of not consenting to the [medication,]
	therapy[,] or treatment;
	(iv) [(D)]  the side effects and risks
	associated with the [medication,] therapy[,] or treatment;
	(v) [(E)]  the generally accepted
	alternatives to the [medication,] therapy[,] or treatment, if any,
	and whether an alternative might be appropriate for the patient;
	and
	(vi) [(F)]  the proposed course of the
	[medication,] 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 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.
	(g)  Consent given by a patient or by a person authorized by
	law to consent to treatment on the patient's behalf applies to a
	series of doses of medication or to multiple therapies or
	treatments for which consent was previously granted. If the
	treating physician or the psychologist, social worker,
	professional counselor, or chemical dependency counselor obtains
	new information relating to a [medication,] therapy[,] or treatment
	for which consent was previously obtained, the physician or the
	psychologist, social worker, professional counselor, or chemical
	dependency counselor must explain the new information and obtain
	new consent. If the treating physician obtains new information
	relating to a medication for which consent was previously obtained,
	the physician must explain the new information and obtain new
	consent.
	SECTION 2.  The heading to Section 462.025, Health and
	Safety Code, is amended to read as follows:
	Sec. 462.025.  INTAKE, SCREENING, ASSESSMENT, AND
	ADMISSION.
	SECTION 3.  Section 462.025, Health and Safety Code, is
	amended by amending Subsections (a) and (e) and adding Subsection
	(b-1) to read as follows:
	(a)  The commission shall adopt rules governing the
	voluntary admission of a patient to a treatment facility, including
	rules governing the intake, screening, and assessment procedures of
	the admission process.
	(b-1)  The rules governing the screening process shall
	establish minimum standards for determining whether a prospective
	patient presents sufficient signs, symptoms, or behaviors
	indicating a potential chemical dependency disorder to warrant a
	more in-depth assessment by a qualified professional. The screening
	must be reviewed and approved by a qualified professional.
	(e)  In accordance with commission rule, a treatment
	facility shall provide annually a minimum of two [eight] hours of
	inservice training regarding intake and screening [and assessment]
	for persons who will be conducting an intake or screening [or
	assessment] for the facility. A person may not conduct intake or
	screenings [or assessments] without having completed the initial
	and applicable annual inservice training.
	SECTION 4.  Section 462.025(h), Health and Safety Code, is
	amended by amending Subdivision (2) and adding Subdivision (4) to
	read as follows:
	(2)  "Assessment" means the clinical [administrative]
	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, to determine whether a
	prospective patient should be admitted.
	(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.
	SECTION 5.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3146 was passed by the House on May 3,
	2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3146 was passed by the Senate on May
	19, 2011, by the following vote:  Yeas 31, Nays 0
	.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor