HBA-DMH H.B. 2004 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2004
By: Maxey
Public Health
3/6/2001
Introduced



BACKGROUND AND PURPOSE 

On release from an inpatient facility, Texas Department of Mental Health
and Mental Retardation clients are provided with an initial outpatient
appointment to a community mental health center and supplied with
medication adequate to last until that appointment.  At times, the patient
arrives at the initial outpatient appointment to find the appointment is
with a social worker or another individual unable to issue a prescription.
A debate can occur between the releasing facility and the outpatient
facility responsible for the patient as to which is fiscally responsible
for providing the additional necessary medication.  House Bill 2004
requires the discharging physician to ensure the patient has the necessary
medication until the patient's initial outpatient appointment with a
physician. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2004 amends the Health and Safety Code to specify that a
patient's continuing care plan must address the patient's mental health and
physical needs, including the need for sufficient medication on furlough or
discharge from court-ordered mental health services to last until the
patient can see a physician. The bill requires the physician responsible
for the patient's treatment to ensure that the patient receives on furlough
or discharge the necessary medication, if appropriate. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.