Summary of the Committee Version of the Bill

HCS HB 134 -- COMPREHENSIVE PSYCHIATRIC SERVICES

SPONSOR:  Barry

COMMITTEE ACTION:  Voted "do pass" by the Committee on Children,
Families and Health by a vote of 13 to 2.

This substitute requires clinics, physician's offices, and
mental health hospitals or facilities to submit a quarterly
report to the Department of Mental Health if they administer on
an outpatient basis electroconvulsive therapy, psychosurgery, or
other specified therapies for the treatment of mental illness.

Clinics, physician's offices, mental health hospitals or
facilities, or physicians who violate provisions of the
substitute will be guilty of a class A misdemeanor.  The
penalties contained in the substitute will apply to violations
committed on or after August 28, 2001.  For violations committed
before August 28, 2001, current law will apply.

The department is required to use the information submitted for
the purposes of auditing, analyzing, and monitoring the use of
these therapies.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that these kinds of mental health
treatments are being done in increasing numbers and that many of
the treatments are being done on an outpatient basis.  Many of
the patients are not warned of possible side effects from the
treatments.  The bill would allow for documenting the
appropriateness of these forms of mental health treatment.

Testifying for the bill were Representative Selby; Monika Prost,
M.D.; Citizen's Commission on Human Rights of St. Louis;
Katherine M. Conable, D.C.; Sophie Carpenter; Steven Vance;
Tamara Donohoe; Scott Erbschloe; and Paul Spencer.  Written
testimony was also received from numerous persons who attended
the committee hearing.

OPPONENTS:  Those who oppose the bill say that electroconvulsive
therapy is not commonly used and that the bill establishes a
duplication of reporting requirements.  If patients experience
any problems, they can report them to the Health Care Financing
Administration (HCFA), Department of Health, or the Department
of Mental Health.  Many of the proposed reporting requirements
should be done through rule, not legislation.

Testifying against the bill were the Department of Mental
Health; Missouri Hospital Association; and Eastern Missouri
Psychiatric Society.

Joseph Deering, Legislative Analyst


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Last Updated November 26, 2001 at 11:42 am