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.