By Thompson H.B. No. 570 75R1504 SKB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to convulsive or coma-inducing therapies and the 1-3 prohibition of electroconvulsive therapy; providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 578.001, Health and Safety Code, is 1-6 amended to read as follows: 1-7 Sec. 578.001. APPLICATION OF CHAPTER. This chapter applies 1-8 to the use of electroconvulsive therapy, psychosurgery, pre-frontal 1-9 sonic sound treatment, or any other convulsive or coma-inducing 1-10 therapy by any person, including a private physician who uses the 1-11 therapy on an outpatient basis. 1-12 SECTION 2. Chapter 578, Health and Safety Code, is amended 1-13 by adding Section 578.0015 to read as follows: 1-14 Sec. 578.0015. DEFINITION. In this chapter, 1-15 "electroconvulsive therapy" means a somatic treatment for a 1-16 psychiatric illness in which an electrical current is administered 1-17 to the brain and causes a seizure. 1-18 SECTION 3. Section 578.002, Health and Safety Code, is 1-19 amended to read as follows: 1-20 Sec. 578.002. USE OF ELECTROCONVULSIVE THERAPY PROHIBITED; 1-21 CRIMINAL PENALTY. (a) A person commits an offense if the person: 1-22 (1) uses electroconvulsive therapy on another person; 1-23 or 1-24 (2) knowingly causes, conspires with another to cause, 2-1 or assists another to cause electroconvulsive therapy to be used on 2-2 a person. 2-3 (b) An offense under Subsection (a) is a misdemeanor 2-4 punishable by: 2-5 (1) a fine of not more than $10,000; 2-6 (2) confinement in jail for not more than six months; 2-7 or 2-8 (3) both fine and confinement. 2-26 SECTION 4. Section 578.007, Health and Safety Code, is 2-27 amended to read as follows: 3-1 Sec. 578.007. REPORTS. (a) A mental hospital or facility 3-2 administering psychosurgery, 3-3 pre-frontal sonic sound treatment, or any other convulsive or 3-4 coma-producing therapy administered to treat mental illness or a 3-5 physician administering the therapy on an outpatient basis shall 3-6 submit to the department quarterly reports relating to the 3-7 administration of the therapy in the hospital or facility or by the 3-8 physician. 3-9 (b) A report must state for each quarter: 3-10 (1) the number of patients who received the therapy, 3-11 including: 3-12 (A) the number of persons voluntarily receiving 3-13 mental health services who consented to the therapy; 3-14 (B) the number of involuntary patients who 3-15 consented to the therapy; and 3-16 (C) the number of involuntary patients for whom 3-17 a guardian of the person consented to the therapy; 3-18 (2) the age, sex, and race of the persons receiving 3-19 the therapy; 3-20 (3) the source of the treatment payment; 3-21 (4) the average number of 3-22 treatments; |
| Model legislation to ban the use of convulsive or coma-inducing therapies, such as electroconvulsive therapy (ECT) |
 |
 |