DSHS Mental Health and Substance Abuse Division: Request for Comments on Chapter 415, Subchapter F – Interventions in Mental Health Programs

Dear NAMI Texas Affiliates, Members, Advocacy Leads, and Friends,

The Department of State Health Services (DSHS) has posted a Request for Comment on rules concerning restraint and seclusion. These new proposed rules are a result of SB 1842, which NAMI Texas testified in support of. My testimony is attached to this blog.

NOTE: The proposed rules are attached to this blog post. FY14_Bcast120_RestraintInfmlCmt_Preamble_102813


SB 1842 testimony final

Please see below for more information from DSHS on the Request for Comment and the proposed rules. Comments are due by November 18th. If you have any thoughts, questions, or comments on the proposed rules, please let me know. You can either submit comments on your own or send comments to me (at ghansch@namitexas.org) so that I can potentially submit them on behalf of NAMI Texas.

Thank you very much for your review of this information.

Request for Comments: Chapter 415, Subchapter F – Interventions in Mental Health Programs
Comments Due November 18, 2013

The draft preamble and draft rule text below are regarding interventions in mental health programs, and are being provided to obtain informal comment. Significant changes to the rules result from legislation (Senate Bill 325 (2005) and Senate Bill 1842 (2013)); changes in the Centers for Medicare and Medicare Conditions of Participation; and comments received during the stakeholder meeting held in 2007. The draft preamble, Section by Section Summary, describes the changes to the current rules and provides reasoned justification for the changes. Please note that on Page 2 of the Preamble, Section by Section Summary, second paragraph, the term “COP” refers to the term “conditions of participation.”

A workgroup comprised of internal and external stakeholders suggested a number of revisions to the rule. However, to implement provisions of Senate Bill 1842 in a timely manner, the department decided to temporarily forego many of the revisions suggest by the workgroup because many of those revisions will require considerable time to negotiate between the various stakeholders. A workgroup will be reassembled to address broader revisions to these rules subsequent to the adoption of the rules below.

Please submit your comments via email to MHSArules@dshs.state.tx.us with the phrase “Interventions (415-F), 10-28-13, Informal Comments” in the subject line or by US mail to Janet Fletcher, Department of State Health Services, P.O. Box149347, Mail Code 2018, Austin, TX 78714. Call Janet Fletcher with questions or concerns at 512-206-5044.


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