HB473 - Relating to notice of rights provided to a patient receiving certain mental health, chemical dependency, or rehabilitation treatment or services at certain facilities.

  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.