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Psychotropic Drugs
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Mental Health and Minors
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PSYCHOTROPIC DRUGS
House Bill 1406 by Rep. Betty Brown
(R-Terrell) prohibits certain school district employees from
recommending that a student use a psychotropic drug or have a
psychiatric evaluation or examination. This bill further
prevents schools from prohibiting a child from attending a class
or participating in a school-related activity in the event the
parent refuses to consent to the administration of a psychotropic
drug to a student or to a psychiatric evaluation or examination.
This bill
does not
prohibit a school district employee who is a registered nurse,
advanced nurse practitioner, physician, or mental health
professional from recommending that a child be evaluated by an
appropriate medical professional. Further, this bill
does not
prohibit a school employee from discussing particular aspects of
a student's behavior or academic progress with the parent or
another school district employee. An act of violation of this
statute does not override any other personal liability provided
by law.
MENTAL HEALTH AND MINORS
HB 21 by Rep. Frank Corte (R-San Antonio)
raises the age for voluntary admission for mental health services
from 16 to 18. New language requires mental health facilities to
consult with a parent or guardian prior to releasing a patient
under 18 and continue treatment if the parent or guardian objects
to the release. This bill also provides a patient's right to be
evaluated by a physician at regular intervals to determine the
person's need for continued inpatient treatment. This bill is in
line with established TMA Policy 215.015 Psychiatric Inpatient
Admissions (although no ages are written into TMA policy).
MHMR Management Teams
Senate Bill 464 by Sen. Jane Nelson
(R-Flower Mound) authorizes the appointment of a management team
to manage and operate a community center for mental health or
mental retardation services in the event the current management
of the center is deemed to be operating the center in an
intentional, reckless, and negligent manner.
Diversion of Persons With Mental Health
Disorders and Mental Retardation From Incarceration to
Appropriate Services
SB 1145 by Sen. Frank Madla (D-San Antonio)
allows local mental health authorities to prioritize funding for
programs to divert persons with mental health disorders and
mental retardation from incarceration to appropriate services.
The bill also calls for specialized training of local law
enforcement and court personnel to identify and manage offenders
or suspects who may be members of the priority population.
Mental Health Courts
HB 2609 by Rep. Garnet Coleman (D-Houston)
establishes mental health court programs to integrate mental
illness treatment services and mental retardation services in the
processing of cases in the judicial system. Additionally, these
mental health courts must use a nonadversarial approach involving
prosecutors and defense attorneys to protect the due process
rights of program participants, provide early identification and
prompt placement of eligible participants, provide access to
mental illness treatment services and mental retardation
services, provide ongoing judicial interaction with program
participants, and divert potentially mentally ill or mentally
retarded defendants to needed services as an alternative to
subjecting them to the criminal justice system.
Mental Health and Mental Retardation
Quality Assurance Fund
HB 2292, the health and human services
agency reorganization bill, establishes a quality assurance fund
from fees assessed to each licensed community mental health and
mental retardation facility. The quality assurance fund may be
used to increase reimbursement rates paid under Medicaid to
facilities or waivers programs for persons with mental
retardation. Additionally, dollars may be appropriated from this
fund for any health and human service purpose approved by the
governor and Legislative Budget Board.
Compulsive Gambling
HB 2292 establishes a program to provide
crisis counseling and referral services to families experiencing
difficulty due to compulsive gambling.
Privatization of Mental Health and Mental
Retardation Services
HB 2292 allows for privatization of mental
health and mental retardation services.
Disease Management and Jail
Diversion
HB 2292 provides for disease management and
jail diversion for mental health service recipients.
Privatization of State Schools
HB 2292 allows for privatization of a state
school if a private service provider can operate the school at 25
percent less cost than the Department of Mental Health and Mental
Retardation.
Privatization of State Mental
Hospitals
HB 2292 allows for privatization of state
mental hospitals if a private service provider can operate the
school at 25 percent less cost than the department.
Prohibition on Public Provision of Mental
Health and Mental Retardation Services
HB 2292 prohibits state provision of mental
health and mental retardation services if any other providers are
available.
Healthy Marriage Development
Program
HB 2292 authorizes the development of
instructional course offerings to recipients of state financial
assistance on the following topics: premarital counseling,
marriage counseling, anger management, family violence
prevention, honoring your spouse, communication, managing a
budget, physical fitness, nutrition and cooking, abstinence for
all unmarried persons including those who have been married
previously, and parenting skills.
Health Plan Coverage for Developmental
Delays
HB 2292 requires health plans to provide
coverage for services for children with developmental delays
according to the child's individual family service plans under
Early Childhood Development, to include occupational, physical,
and speech therapy and dietary or nutritional evaluations and
services.
Mental health TMA staff
contacts:
-Stephen Brown, associate director,
Legislative Affairs Department, (512) 370-1367
-Susan Griffin, senior policy analyst, Public Health
Department, (512) 370-1462
-Barbara James, RN, director, Science and Quality
Department, (512) 370-1400
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Overview
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Professional Liability Reform
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Patient Safety/Quality Improvement
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Managed Care/Insurance Reform
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Health Care Funding
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Health and Human Services
Reorganization
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Scope of Practice
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Public Health
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Rural Health
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Medical Science
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Workers' Compensation
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Tax Reform
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Long-Term Care
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Workforce/Medical Education
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Abortion and Related Legislation
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Health Facility Regulation
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Transplantation/Organ Donation
]