State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-578-electroconvulsive-and-other-therapies

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE C. TEXAS MENTAL HEALTH CODE

CHAPTER 578. ELECTROCONVULSIVE AND OTHER THERAPIES

Sec. 578.001. APPLICATION. This chapter applies to the use of

electroconvulsive therapy by any person, including a private

physician who uses the therapy on an outpatient basis.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993.

Sec. 578.002. USE OF ELECTROCONVULSIVE THERAPY. (a)

Electroconvulsive therapy may not be used on a person who is

younger than 16 years of age.

(b) Unless the person consents to the use of the therapy in

accordance with Section 578.003, electroconvulsive therapy may

not be used on:

(1) a person who is 16 years of age or older and who is

voluntarily receiving mental health services; or

(2) an involuntary patient who is 16 years of age or older and

who has not been adjudicated by an appropriate court of law as

incompetent to manage the patient's personal affairs.

(c) Electroconvulsive therapy may not be used on an involuntary

patient who is 16 years of age or older and who has been

adjudicated incompetent to manage the patient's personal affairs

unless the patient's guardian of the person consents to the

treatment in accordance with Section 578.003. The decision of the

guardian must be based on knowledge of what the patient would

desire, if known.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01.

Sec. 578.003. CONSENT TO THERAPY. (a) The board by rule shall

adopt a standard written consent form to be used when

electroconvulsive therapy is considered. The board by rule shall

also prescribe the information that must be contained in the

written supplement required under Subsection (c). In addition to

the information required under this section, the form must

include the information required by the Texas Medical Disclosure

Panel for electroconvulsive therapy. In developing the form, the

board shall consider recommendations of the panel. Use of the

consent form prescribed by the board in the manner prescribed by

this section creates a rebuttable presumption that the disclosure

requirements of Sections 74.104 and 74.105, Civil Practice and

Remedies Code, have been met.

(b) The written consent form must clearly and explicitly state:

(1) the nature and purpose of the procedure;

(2) the nature, degree, duration, and probability of the side

effects and significant risks of the treatment commonly known by

the medical profession, especially noting the possible degree and

duration of memory loss, the possibility of permanent irrevocable

memory loss, and the possibility of death;

(3) that there is a division of opinion as to the efficacy of

the procedure; and

(4) the probable degree and duration of improvement or remission

expected with or without the procedure.

(c) Before a patient receives each electroconvulsive treatment,

the hospital, facility, or physician administering the therapy

shall ensure that:

(1) the patient and the patient's guardian of the person, if

any, receives a written copy of the consent form that is in the

person's primary language, if possible;

(2) the patient and the patient's guardian of the person, if

any, receives a written supplement that contains related

information that pertains to the particular patient being

treated;

(3) the contents of the consent form and the written supplement

are explained to the patient and the patient's guardian of the

person, if any:

(A) orally, in simple, nontechnical terms in the person's

primary language, if possible; or

(B) through the use of a means reasonably calculated to

communicate with a hearing impaired or visually impaired person,

if applicable;

(4) the patient or the patient's guardian of the person, as

appropriate, signs a copy of the consent form stating that the

person has read the consent form and the written supplement and

understands the information included in the documents; and

(5) the signed copy of the consent form is made a part of the

patient's clinical record.

(d) Consent given under this section is not valid unless the

person giving the consent understands the information presented

and consents voluntarily and without coercion or undue influence.

(e) For a patient 65 years of age or older, before each

treatment series begins, the hospital, facility, or physician

administering the procedure shall:

(1) ensure that two physicians have signed an appropriate form

that states the procedure is medically necessary;

(2) make the form described by Subdivision (1) available to the

patient or the patient's guardian of the person; and

(3) inform the patient or the patient's guardian of the person

of any known current medical condition that may increase the

possibility of injury or death as a result of the treatment.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1323, Sec. 1, eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

137, Sec. 1, eff. September 1, 2005.

Sec. 578.004. WITHDRAWAL OF CONSENT. (a) A patient or guardian

who consents to the administration of electroconvulsive therapy

may revoke the consent for any reason and at any time.

(b) Revocation of consent is effective immediately.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993.

Sec. 578.005. PHYSICIAN REQUIREMENT. (a) Only a physician may

administer electroconvulsive therapy.

(b) A physician may not delegate the act of administering the

therapy. A nonphysician who administers electroconvulsive therapy

is considered to be practicing medicine in violation of Subtitle

B, Title 3, Occupations Code.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Aug. 30,

1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.805,

eff. Sept. 1, 2001.

Sec. 578.006. REGISTRATION OF EQUIPMENT. (a) A person may not

administer electroconvulsive therapy unless the equipment used to

administer the therapy is registered with the department.

(b) A mental hospital or facility administering

electroconvulsive therapy or a private physician administering

the therapy on an outpatient basis must file an application for

registration under this section. The applicant must submit the

application to the department on a form prescribed by the

department.

(c) The application must be accompanied by a nonrefundable

application fee. The board shall set the fee in a reasonable

amount not to exceed the cost to the department to administer

this section.

(d) The application must contain:

(1) the model, manufacturer, and age of each piece of equipment

used to administer the therapy; and

(2) any other information required by the department.

(e) The department may conduct an investigation as considered

necessary after receiving the proper application and the required

fee.

(f) The board by rule may prohibit the registration and use of

equipment of a type, model, or age the board determines is

dangerous.

(g) The department may deny, suspend, or revoke a registration

if the department determines that the equipment is dangerous. The

denial, suspension, or revocation of a registration is a

contested case under Chapter 2001, Government Code.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

eff. Sept. 1, 1995.

Sec. 578.007. REPORTS. (a) A mental hospital or facility

administering electroconvulsive therapy, psychosurgery,

pre-frontal sonic sound treatment, or any other convulsive or

coma-producing therapy administered to treat mental illness or a

physician administering the therapy on an outpatient basis shall

submit to the department quarterly reports relating to the

administration of the therapy in the hospital or facility or by

the physician.

(b) A report must state for each quarter:

(1) the number of patients who received the therapy, including:

(A) the number of persons voluntarily receiving mental health

services who consented to the therapy;

(B) the number of involuntary patients who consented to the

therapy; and

(C) the number of involuntary patients for whom a guardian of

the person consented to the therapy;

(2) the age, sex, and race of the persons receiving the therapy;

(3) the source of the treatment payment;

(4) the average number of nonelectroconvulsive treatments;

(5) the average number of electroconvulsive treatments

administered for each complete series of treatments, but not

including maintenance treatments;

(6) the average number of maintenance electroconvulsive

treatments administered per month;

(7) the number of fractures, reported memory losses, incidents

of apnea, and cardiac arrests without death;

(8) autopsy findings if death followed within 14 days after the

date of the administration of the therapy; and

(9) any other information required by the department.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993.

Sec. 578.008. USE OF INFORMATION; REPORT. (a) The department

shall use the information received under Sections 578.006 and

578.007 to analyze, audit, and monitor the use of

electroconvulsive therapy, psychosurgery, pre-frontal sonic sound

treatment, or any other convulsive or coma-producing therapy

administered to treat mental illness.

(b) The department shall file annually with the governor and the

presiding officer of each house of the legislature a written

report summarizing by facility the information received under

Sections 578.006 and 578.007. If the therapy is administered by a

private physician on an outpatient basis, the report must include

that information but may not identify the physician. The

department may not directly or indirectly identify in a report

issued under this section a patient who received the therapy.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-578-electroconvulsive-and-other-therapies

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE C. TEXAS MENTAL HEALTH CODE

CHAPTER 578. ELECTROCONVULSIVE AND OTHER THERAPIES

Sec. 578.001. APPLICATION. This chapter applies to the use of

electroconvulsive therapy by any person, including a private

physician who uses the therapy on an outpatient basis.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993.

Sec. 578.002. USE OF ELECTROCONVULSIVE THERAPY. (a)

Electroconvulsive therapy may not be used on a person who is

younger than 16 years of age.

(b) Unless the person consents to the use of the therapy in

accordance with Section 578.003, electroconvulsive therapy may

not be used on:

(1) a person who is 16 years of age or older and who is

voluntarily receiving mental health services; or

(2) an involuntary patient who is 16 years of age or older and

who has not been adjudicated by an appropriate court of law as

incompetent to manage the patient's personal affairs.

(c) Electroconvulsive therapy may not be used on an involuntary

patient who is 16 years of age or older and who has been

adjudicated incompetent to manage the patient's personal affairs

unless the patient's guardian of the person consents to the

treatment in accordance with Section 578.003. The decision of the

guardian must be based on knowledge of what the patient would

desire, if known.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01.

Sec. 578.003. CONSENT TO THERAPY. (a) The board by rule shall

adopt a standard written consent form to be used when

electroconvulsive therapy is considered. The board by rule shall

also prescribe the information that must be contained in the

written supplement required under Subsection (c). In addition to

the information required under this section, the form must

include the information required by the Texas Medical Disclosure

Panel for electroconvulsive therapy. In developing the form, the

board shall consider recommendations of the panel. Use of the

consent form prescribed by the board in the manner prescribed by

this section creates a rebuttable presumption that the disclosure

requirements of Sections 74.104 and 74.105, Civil Practice and

Remedies Code, have been met.

(b) The written consent form must clearly and explicitly state:

(1) the nature and purpose of the procedure;

(2) the nature, degree, duration, and probability of the side

effects and significant risks of the treatment commonly known by

the medical profession, especially noting the possible degree and

duration of memory loss, the possibility of permanent irrevocable

memory loss, and the possibility of death;

(3) that there is a division of opinion as to the efficacy of

the procedure; and

(4) the probable degree and duration of improvement or remission

expected with or without the procedure.

(c) Before a patient receives each electroconvulsive treatment,

the hospital, facility, or physician administering the therapy

shall ensure that:

(1) the patient and the patient's guardian of the person, if

any, receives a written copy of the consent form that is in the

person's primary language, if possible;

(2) the patient and the patient's guardian of the person, if

any, receives a written supplement that contains related

information that pertains to the particular patient being

treated;

(3) the contents of the consent form and the written supplement

are explained to the patient and the patient's guardian of the

person, if any:

(A) orally, in simple, nontechnical terms in the person's

primary language, if possible; or

(B) through the use of a means reasonably calculated to

communicate with a hearing impaired or visually impaired person,

if applicable;

(4) the patient or the patient's guardian of the person, as

appropriate, signs a copy of the consent form stating that the

person has read the consent form and the written supplement and

understands the information included in the documents; and

(5) the signed copy of the consent form is made a part of the

patient's clinical record.

(d) Consent given under this section is not valid unless the

person giving the consent understands the information presented

and consents voluntarily and without coercion or undue influence.

(e) For a patient 65 years of age or older, before each

treatment series begins, the hospital, facility, or physician

administering the procedure shall:

(1) ensure that two physicians have signed an appropriate form

that states the procedure is medically necessary;

(2) make the form described by Subdivision (1) available to the

patient or the patient's guardian of the person; and

(3) inform the patient or the patient's guardian of the person

of any known current medical condition that may increase the

possibility of injury or death as a result of the treatment.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1323, Sec. 1, eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

137, Sec. 1, eff. September 1, 2005.

Sec. 578.004. WITHDRAWAL OF CONSENT. (a) A patient or guardian

who consents to the administration of electroconvulsive therapy

may revoke the consent for any reason and at any time.

(b) Revocation of consent is effective immediately.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993.

Sec. 578.005. PHYSICIAN REQUIREMENT. (a) Only a physician may

administer electroconvulsive therapy.

(b) A physician may not delegate the act of administering the

therapy. A nonphysician who administers electroconvulsive therapy

is considered to be practicing medicine in violation of Subtitle

B, Title 3, Occupations Code.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Aug. 30,

1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.805,

eff. Sept. 1, 2001.

Sec. 578.006. REGISTRATION OF EQUIPMENT. (a) A person may not

administer electroconvulsive therapy unless the equipment used to

administer the therapy is registered with the department.

(b) A mental hospital or facility administering

electroconvulsive therapy or a private physician administering

the therapy on an outpatient basis must file an application for

registration under this section. The applicant must submit the

application to the department on a form prescribed by the

department.

(c) The application must be accompanied by a nonrefundable

application fee. The board shall set the fee in a reasonable

amount not to exceed the cost to the department to administer

this section.

(d) The application must contain:

(1) the model, manufacturer, and age of each piece of equipment

used to administer the therapy; and

(2) any other information required by the department.

(e) The department may conduct an investigation as considered

necessary after receiving the proper application and the required

fee.

(f) The board by rule may prohibit the registration and use of

equipment of a type, model, or age the board determines is

dangerous.

(g) The department may deny, suspend, or revoke a registration

if the department determines that the equipment is dangerous. The

denial, suspension, or revocation of a registration is a

contested case under Chapter 2001, Government Code.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

eff. Sept. 1, 1995.

Sec. 578.007. REPORTS. (a) A mental hospital or facility

administering electroconvulsive therapy, psychosurgery,

pre-frontal sonic sound treatment, or any other convulsive or

coma-producing therapy administered to treat mental illness or a

physician administering the therapy on an outpatient basis shall

submit to the department quarterly reports relating to the

administration of the therapy in the hospital or facility or by

the physician.

(b) A report must state for each quarter:

(1) the number of patients who received the therapy, including:

(A) the number of persons voluntarily receiving mental health

services who consented to the therapy;

(B) the number of involuntary patients who consented to the

therapy; and

(C) the number of involuntary patients for whom a guardian of

the person consented to the therapy;

(2) the age, sex, and race of the persons receiving the therapy;

(3) the source of the treatment payment;

(4) the average number of nonelectroconvulsive treatments;

(5) the average number of electroconvulsive treatments

administered for each complete series of treatments, but not

including maintenance treatments;

(6) the average number of maintenance electroconvulsive

treatments administered per month;

(7) the number of fractures, reported memory losses, incidents

of apnea, and cardiac arrests without death;

(8) autopsy findings if death followed within 14 days after the

date of the administration of the therapy; and

(9) any other information required by the department.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993.

Sec. 578.008. USE OF INFORMATION; REPORT. (a) The department

shall use the information received under Sections 578.006 and

578.007 to analyze, audit, and monitor the use of

electroconvulsive therapy, psychosurgery, pre-frontal sonic sound

treatment, or any other convulsive or coma-producing therapy

administered to treat mental illness.

(b) The department shall file annually with the governor and the

presiding officer of each house of the legislature a written

report summarizing by facility the information received under

Sections 578.006 and 578.007. If the therapy is administered by a

private physician on an outpatient basis, the report must include

that information but may not identify the physician. The

department may not directly or indirectly identify in a report

issued under this section a patient who received the therapy.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-578-electroconvulsive-and-other-therapies

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE C. TEXAS MENTAL HEALTH CODE

CHAPTER 578. ELECTROCONVULSIVE AND OTHER THERAPIES

Sec. 578.001. APPLICATION. This chapter applies to the use of

electroconvulsive therapy by any person, including a private

physician who uses the therapy on an outpatient basis.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993.

Sec. 578.002. USE OF ELECTROCONVULSIVE THERAPY. (a)

Electroconvulsive therapy may not be used on a person who is

younger than 16 years of age.

(b) Unless the person consents to the use of the therapy in

accordance with Section 578.003, electroconvulsive therapy may

not be used on:

(1) a person who is 16 years of age or older and who is

voluntarily receiving mental health services; or

(2) an involuntary patient who is 16 years of age or older and

who has not been adjudicated by an appropriate court of law as

incompetent to manage the patient's personal affairs.

(c) Electroconvulsive therapy may not be used on an involuntary

patient who is 16 years of age or older and who has been

adjudicated incompetent to manage the patient's personal affairs

unless the patient's guardian of the person consents to the

treatment in accordance with Section 578.003. The decision of the

guardian must be based on knowledge of what the patient would

desire, if known.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01.

Sec. 578.003. CONSENT TO THERAPY. (a) The board by rule shall

adopt a standard written consent form to be used when

electroconvulsive therapy is considered. The board by rule shall

also prescribe the information that must be contained in the

written supplement required under Subsection (c). In addition to

the information required under this section, the form must

include the information required by the Texas Medical Disclosure

Panel for electroconvulsive therapy. In developing the form, the

board shall consider recommendations of the panel. Use of the

consent form prescribed by the board in the manner prescribed by

this section creates a rebuttable presumption that the disclosure

requirements of Sections 74.104 and 74.105, Civil Practice and

Remedies Code, have been met.

(b) The written consent form must clearly and explicitly state:

(1) the nature and purpose of the procedure;

(2) the nature, degree, duration, and probability of the side

effects and significant risks of the treatment commonly known by

the medical profession, especially noting the possible degree and

duration of memory loss, the possibility of permanent irrevocable

memory loss, and the possibility of death;

(3) that there is a division of opinion as to the efficacy of

the procedure; and

(4) the probable degree and duration of improvement or remission

expected with or without the procedure.

(c) Before a patient receives each electroconvulsive treatment,

the hospital, facility, or physician administering the therapy

shall ensure that:

(1) the patient and the patient's guardian of the person, if

any, receives a written copy of the consent form that is in the

person's primary language, if possible;

(2) the patient and the patient's guardian of the person, if

any, receives a written supplement that contains related

information that pertains to the particular patient being

treated;

(3) the contents of the consent form and the written supplement

are explained to the patient and the patient's guardian of the

person, if any:

(A) orally, in simple, nontechnical terms in the person's

primary language, if possible; or

(B) through the use of a means reasonably calculated to

communicate with a hearing impaired or visually impaired person,

if applicable;

(4) the patient or the patient's guardian of the person, as

appropriate, signs a copy of the consent form stating that the

person has read the consent form and the written supplement and

understands the information included in the documents; and

(5) the signed copy of the consent form is made a part of the

patient's clinical record.

(d) Consent given under this section is not valid unless the

person giving the consent understands the information presented

and consents voluntarily and without coercion or undue influence.

(e) For a patient 65 years of age or older, before each

treatment series begins, the hospital, facility, or physician

administering the procedure shall:

(1) ensure that two physicians have signed an appropriate form

that states the procedure is medically necessary;

(2) make the form described by Subdivision (1) available to the

patient or the patient's guardian of the person; and

(3) inform the patient or the patient's guardian of the person

of any known current medical condition that may increase the

possibility of injury or death as a result of the treatment.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1323, Sec. 1, eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

137, Sec. 1, eff. September 1, 2005.

Sec. 578.004. WITHDRAWAL OF CONSENT. (a) A patient or guardian

who consents to the administration of electroconvulsive therapy

may revoke the consent for any reason and at any time.

(b) Revocation of consent is effective immediately.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993.

Sec. 578.005. PHYSICIAN REQUIREMENT. (a) Only a physician may

administer electroconvulsive therapy.

(b) A physician may not delegate the act of administering the

therapy. A nonphysician who administers electroconvulsive therapy

is considered to be practicing medicine in violation of Subtitle

B, Title 3, Occupations Code.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Aug. 30,

1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.805,

eff. Sept. 1, 2001.

Sec. 578.006. REGISTRATION OF EQUIPMENT. (a) A person may not

administer electroconvulsive therapy unless the equipment used to

administer the therapy is registered with the department.

(b) A mental hospital or facility administering

electroconvulsive therapy or a private physician administering

the therapy on an outpatient basis must file an application for

registration under this section. The applicant must submit the

application to the department on a form prescribed by the

department.

(c) The application must be accompanied by a nonrefundable

application fee. The board shall set the fee in a reasonable

amount not to exceed the cost to the department to administer

this section.

(d) The application must contain:

(1) the model, manufacturer, and age of each piece of equipment

used to administer the therapy; and

(2) any other information required by the department.

(e) The department may conduct an investigation as considered

necessary after receiving the proper application and the required

fee.

(f) The board by rule may prohibit the registration and use of

equipment of a type, model, or age the board determines is

dangerous.

(g) The department may deny, suspend, or revoke a registration

if the department determines that the equipment is dangerous. The

denial, suspension, or revocation of a registration is a

contested case under Chapter 2001, Government Code.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

eff. Sept. 1, 1995.

Sec. 578.007. REPORTS. (a) A mental hospital or facility

administering electroconvulsive therapy, psychosurgery,

pre-frontal sonic sound treatment, or any other convulsive or

coma-producing therapy administered to treat mental illness or a

physician administering the therapy on an outpatient basis shall

submit to the department quarterly reports relating to the

administration of the therapy in the hospital or facility or by

the physician.

(b) A report must state for each quarter:

(1) the number of patients who received the therapy, including:

(A) the number of persons voluntarily receiving mental health

services who consented to the therapy;

(B) the number of involuntary patients who consented to the

therapy; and

(C) the number of involuntary patients for whom a guardian of

the person consented to the therapy;

(2) the age, sex, and race of the persons receiving the therapy;

(3) the source of the treatment payment;

(4) the average number of nonelectroconvulsive treatments;

(5) the average number of electroconvulsive treatments

administered for each complete series of treatments, but not

including maintenance treatments;

(6) the average number of maintenance electroconvulsive

treatments administered per month;

(7) the number of fractures, reported memory losses, incidents

of apnea, and cardiac arrests without death;

(8) autopsy findings if death followed within 14 days after the

date of the administration of the therapy; and

(9) any other information required by the department.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993.

Sec. 578.008. USE OF INFORMATION; REPORT. (a) The department

shall use the information received under Sections 578.006 and

578.007 to analyze, audit, and monitor the use of

electroconvulsive therapy, psychosurgery, pre-frontal sonic sound

treatment, or any other convulsive or coma-producing therapy

administered to treat mental illness.

(b) The department shall file annually with the governor and the

presiding officer of each house of the legislature a written

report summarizing by facility the information received under

Sections 578.006 and 578.007. If the therapy is administered by a

private physician on an outpatient basis, the report must include

that information but may not identify the physician. The

department may not directly or indirectly identify in a report

issued under this section a patient who received the therapy.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1,

1993.


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