Highlights of the 79th Texas Legislature - Senate

HEALTH AND HUMAN SERVICES/MENTAL HEALTH
Voluntary Inpatient Mental Health Services for Teenagers─H.B. 224
By Representatives Corte—Senate Sponsor: Senator Shapiro
During the 78th Legislature, Regular Session, 2003, H.B. 21 was enacted to allow the parents of minors between the
ages of 16 and 18 to request admission to inpatient mental health facilities for their children. The procedure for
discharge of such patients and for treatment of such patients who refuse psychoactive medication when admitted
under these circumstances was not addressed. This bill:
Requires a facility, on receipt of a written request for discharge from a patient who is younger than 18 years of age,
admitted for voluntary inpatient mental health services, to consult with the patient’s parent, managing conservator, or
guardian regarding the discharge.
Requires a facility, if the parent, managing conservator, or guardian objects in writing to the patient’s discharge, to
continue treatment of the patient as a voluntary patient.
Adds an exception to the prohibition against a person administering a psychoactive medication to a patient receiving
voluntary or involuntary mental health services who refuses the administration to allow such administration if the
patient is younger than 16 years of age, or the patient is younger than 18 years of age and is a patient admitted for
voluntary mental health services, and the patient’s parent, managing conservator, or guardian consents to the
administration on behalf of the patient.
Local Mental Health and Mental Retardation Authorities─H.B. 2572
By Representative Truitt et al.—Senate Sponsor: Senator Janek
Changes made to Chapters 533 and 535, Health and Safety Code, during the 78th Legislature, Regular
Session,2003, restricted the types of services that can be provided by local mental health and mental retardation
authorities which adversely affected the local service delivery. This bill:
Authorizes mental retardation authorities to provide Intermediate Care Facilities for Persons with Mental Retardation
(ICF/MR) and related waiver services if the authority complies with capacity limitations or it is necessary to ensure
the availability of services.
Requires the executive commissioner of the Health and Human Services Commission (executive commissioner)
(HHSC) to adopt rules to establish the roles and responsibilities of local mental retardation authorities.
Deletes provisions relating to local authorities as providers of last resort and authorizes local mental health
authorities to serve as qualified service providers.
Requires the executive commissioner to designate a local mental health authority and a local mental retardation
authority in one or more local service areas.
Authorizes the executive commissioner to delegate to the local authorities the authority and responsibility of the
executive commissioner, HHSC, or a department of HHSC related to planning, policy development, coordination,
including coordination with criminal justice entities, resource allocation, and resource development for and oversight
of mental health and mental retardation services in the most appropriate and available setting to meet individual
needs in that service area.
Authorizes the executive commissioner to designate a single entity as the local mental health authority and the local
mental retardation authority for a service area.
HIGHLIGHTS - 79 TH TEXAS LEGISLATURE 115