HBA-NMO H.B. 3235 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3235
By: Najera
Public Health
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes the use of electroconvulsive, also known as
electroshock, therapy on consenting persons who are 16 years of age or
older.  Patients of the therapy may experience severe adverse reactions.
H.B. 3235 prohibits the use of electroconvulsive therapy and provides
criminal penalties. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 578.001, Health and Safety Code, as follows:

Sec. 578.001.  New Title:  APPLICABILITY.  Provides that this chapter
(Electroconvulsive and Other Therapies)  applies to the use of
psychosurgery, pre-frontal sonic sound treatment, or any other convulsive
or coma-inducing therapy, in addition to the use of electroconvulsive
therapy. 

SECTION 2.  Amends Chapter 578, Health and Safety Code, by adding Section
578.0015, as follows: 

Sec. 578.0015.  DEFINITION.  Defines "electroconvulsive therapy" as a
somatic treatment for a psychiatric illness in which an electrical current
is administered to the brain and causes a seizure. 

SECTION 3.  Amends Sections 578.002 and 578.007, Health and Safety Code, as
follows: 

Sec. 578.002.  New title: ELECTROCONVULSIVE THERAPY PROHIBITED; CRIMINAL
PENALTY.  Provides that a person commits an offense if the person uses
electroconvulsive therapy on another person or knowingly causes, conspires
with another to cause, or assists another to cause electroconvulsive
therapy to be used on a person.  Provides that an offense under this
section is a misdemeanor punishable by a fine of not more than $10,000,
confinement in jail for not more than six months, or both.  Deletes
language regulating the use of electroconvulsive therapy. 

Sec. 578.007.  REPORTS.  Makes conforming changes.

SECTION 4.  Amends Section 578.008(a), Health and Safety Code, to make
conforming changes. 

SECTION 5.  Repealer:  Sections 578.003, 578.004, 578.005, and 578.006,
Health and Safety Code (relating to the use of electroconvulsive therapy). 

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.