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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of rights provided to a patient receiving |
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certain mental health, chemical dependency, or rehabilitation |
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treatment or services at certain facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 321.002, Health and Safety Code, is |
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amended by amending Subsections (a), (f), (g), and (h) and adding |
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Subsections (a-1) and (f-1) to read as follows: |
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(a) This section applies to: |
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(1) an inpatient facility at which voluntary or |
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involuntary mental health, chemical dependency, or comprehensive |
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medical rehabilitation services are provided, including a: |
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(A) child-care facility; |
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(B) hospital; |
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(C) mental health facility; and |
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(D) treatment facility; and |
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(2) a child-care facility at which treatment is |
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provided to minors for emotional, mental health, or chemical |
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dependency problems. |
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(a-1) The executive commissioner by rule shall adopt a |
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"patient's bill of rights" that includes the applicable rights |
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included in this chapter, Subtitle C of Title 7, Chapters 241, 462, |
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464, and 466, and any other provisions the executive commissioner |
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considers necessary to protect the health, safety, and rights of a |
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patient receiving voluntary or involuntary mental health, chemical |
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dependency, or comprehensive medical rehabilitation services in an |
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inpatient facility. In addition, the executive commissioner shall |
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adopt rules that: |
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(1) provide standards to prevent the admission of a |
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minor to a facility for treatment of a condition that is not |
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generally recognized as responsive to treatment in an inpatient |
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treatment setting; and |
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(2) prescribe the procedure for presenting the |
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applicable bill of rights and obtaining each necessary signature |
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if: |
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(A) the patient cannot comprehend the |
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information because of illness, age, or other factors; or |
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(B) an emergency exists that precludes immediate |
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presentation of the information. |
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(f) Before a facility may admit a patient for inpatient |
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mental health, chemical dependency, or comprehensive medical |
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rehabilitation services, or before a child-care facility may accept |
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a minor for treatment, the facility shall provide to the person and, |
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if appropriate, to the person's parent, managing conservator, or |
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guardian, a written copy of the applicable "bill of rights" adopted |
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under this section. The facility shall provide the written copies |
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in the person's primary language[, if possible]. In addition, the |
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facility shall ensure that[, within 24 hours after the person is |
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admitted to the facility,] the rights specified in the written copy |
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are explained to the person and, if appropriate, to the person's |
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parent, managing conservator, or guardian: |
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(1) orally, in simple, nontechnical terms in the |
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person's primary language[, if possible]; or |
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(2) through a means reasonably calculated to |
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communicate with a person who has an impairment of vision or |
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hearing, if applicable. |
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(f-1) The oral and written communication required by |
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Subsection (f) must be provided on two separate days as follows: |
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(1) if English is the patient's primary language: |
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(A) at the time the patient is admitted to the |
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facility or accepted by the facility for treatment; and |
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(B) not later than the third day after the date |
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the patient is admitted to the facility or accepted by the facility |
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for treatment; or |
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(2) if English is not the patient's primary language: |
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(A) not later than 24 hours after the patient is |
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admitted to the facility or accepted by the facility for treatment; |
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and |
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(B) not later than the third day after the date |
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the patient is admitted to the facility or accepted by the facility |
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for treatment. |
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(g) The facility shall ensure that: |
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(1) each patient admitted for inpatient mental health, |
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chemical dependency, or comprehensive rehabilitation services and |
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each minor accepted [admitted] for treatment in a child-care |
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facility and, if appropriate, the person's parent, managing |
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conservator, or guardian signs each [a] copy of the document |
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stating that the person has read the document and understands the |
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rights specified in the document; and |
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(2) the signed copies are [copy is] made a part of the |
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person's clinical record. |
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(h) A facility shall prominently and conspicuously post a |
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copy of the "bill of rights" for display in a public area of the |
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facility that is readily available to patients, residents, |
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employees, and visitors. The "bill of rights" must: |
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(1) include the name and contact information of the |
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person with whom a complaint regarding a violation of the rights |
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provided by this chapter, Subtitle C of Title 7, Chapters 241, 462, |
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464, and 466, and any other provisions the executive commissioner |
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considers necessary to protect the health, safety, and rights of a |
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patient of a facility to which this section applies may be filed; |
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and |
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(2) be in English and in a second language appropriate |
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to the demographic composition of the community served by the |
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facility. |
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SECTION 2. Section 576.009, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 576.009. NOTIFICATION OF RIGHTS. A patient receiving |
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involuntary inpatient mental health services shall be informed of |
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the rights provided by this subtitle: |
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(1) through a poster displayed in the mental health |
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facility in the manner provided by Section 321.002(h); and |
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(2) either: |
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(A) orally, in simple, nontechnical terms, and in |
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writing in the manner provided by Section 321.002(f-1) [that, if |
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possible, is in the person's primary language]; or |
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(B) [(2)] through the use of a means reasonably |
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calculated to communicate with a hearing impaired or visually |
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impaired person, if applicable. |
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SECTION 3. The changes in law made by this Act apply only to |
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a patient admitted to a facility for inpatient mental health, |
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chemical dependency, or comprehensive medical rehabilitation |
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services or a minor accepted by a child-care facility to receive |
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treatment for an emotional, mental health, or chemical dependency |
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problem on or after the effective date of this Act. A patient |
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admitted to a facility for mental health, chemical dependency, or |
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comprehensive medical rehabilitation services or a minor accepted |
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by a child-care facility to receive treatment for an emotional, |
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mental health, or chemical dependency problem before the effective |
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date of this Act is governed by the law in effect on the date the |
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patient was admitted or minor was accepted, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |