HB0081112th GA (Historical)Introduced

Amends TCA Section 33-2-203; Section 33-2-901; Section 33-4-109 and Section 63-1-155.

This bill revises various provisions relative to mental health and substance abuse services, as follows:<br /> <br /> (1) This bill revises the provisions regarding notice when a person dies in a mental health facility. Under present law, if a person admitted to a facility under court order dies at the facility, then the chief officer of the facility must mail written notice of the cause of death to the court that entered the order. Upon the death of a person who was admitted voluntarily, the chief officer must notify the next of kin of the cause of death. The notice must be mailed within 10 days of the death. Present law requires that notice also "be given promptly" to the next of kin. This bill revises these provisions to instead require that upon the death of a person admitted to a facility, whether court-ordered or voluntary, the chief office of the facility must mail written notice to the next of kin, if known, and notify the office of the medical examiner having jurisdiction to investigate the death. If the person who dies was admitted to a forensic services unit, then the notice must also be mailed to the court that entered the order resulting in admission. This bill requires that the chief medical examiner be notified as soon as reasonably practicable, but in no event more than 12 hours after the discovery of the death and requires other notice required, including that to the next of kin, be mailed within 10 days of the discovery of the death;<br /> <br /> (2) Present law requires the department of mental health and substance abuse services to establish a state developmental disabilities planning and policy council, a state mental health planning and policy council, and regional citizen-based planning and policy councils composed of service recipients, family members of service recipients, service recipient advocates for children, adults, and the elderly, service providers, and other affected persons and organizations for the department's service areas. Present law requires that at least a majority of each council's membership consist of current or former service recipients and members of service recipient families; this bill adds that notwithstanding this requirement, the regional citizen-based planning and policy councils must strive to ensure that at least a majority of each council's membership consists of current or former service recipients and members of service recipient families;<br /> <br /> (3) Present law requires that a healthcare provider be licensed in this state under title 63 in order to practice under the telehealth provisions. This bill removes the specification that the state-licensed healthcare provider be licensed "under title 63," thereby clarifying healthcare providers licensed under other titles, such as title 33 (mental health) may practice telemedicine; this revision is consistent with the current definition of "healthcare provider" under the present law statute governing telehealth; and<br /> <br /> (4) Present law provides for a board of trustees for each state mental health facility. Present law provides that state officials are eligible for appointment to a board. This bill defines "state official" for purposes of this provision to mean an individual elected to a state legislative, executive, or judicial office or an employee of the department.<br />

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Overview

This bill revises various provisions relative to mental health and substance abuse services, as follows:<br /> <br /> (1) This bill revises the provisions regarding notice when a person dies in a mental health facility. Under present law, if a person admitted to a facility under court order dies at the facility, then the chief officer of the facility must mail written notice of the cause of death to the court that entered the order. Upon the death of a person who was admitted voluntarily, the chief officer must notify the next of kin of the cause of death. The notice must be mailed within 10 days of the death. Present law requires that notice also "be given promptly" to the next of kin. This bill revises these provisions to instead require that upon the death of a person admitted to a facility, whether court-ordered or voluntary, the chief office of the facility must mail written notice to the next of kin, if known, and notify the office of the medical examiner having jurisdiction to investigate the death. If the person who dies was admitted to a forensic services unit, then the notice must also be mailed to the court that entered the order resulting in admission. This bill requires that the chief medical examiner be notified as soon as reasonably practicable, but in no event more than 12 hours after the discovery of the death and requires other notice required, including that to the next of kin, be mailed within 10 days of the discovery of the death;<br /> <br /> (2) Present law requires the department of mental health and substance abuse services to establish a state developmental disabilities planning and policy council, a state mental health planning and policy council, and regional citizen-based planning and policy councils composed of service recipients, family members of service recipients, service recipient advocates for children, adults, and the elderly, service providers, and other affected persons and organizations for the department's service areas. Present law requires that at least a majority of each council's membership consist of current or former service recipients and members of service recipient families; this bill adds that notwithstanding this requirement, the regional citizen-based planning and policy councils must strive to ensure that at least a majority of each council's membership consists of current or former service recipients and members of service recipient families;<br /> <br /> (3) Present law requires that a healthcare provider be licensed in this state under title 63 in order to practice under the telehealth provisions. This bill removes the specification that the state-licensed healthcare provider be licensed "under title 63," thereby clarifying healthcare providers licensed under other titles, such as title 33 (mental health) may practice telemedicine; this revision is consistent with the current definition of "healthcare provider" under the present law statute governing telehealth; and<br /> <br /> (4) Present law provides for a board of trustees for each state mental health facility. Present law provides that state officials are eligible for appointment to a board. This bill defines "state official" for purposes of this provision to mean an individual elected to a state legislative, executive, or judicial office or an employee of the department.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 6, 2021

Subjects
31352170

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