HB0669 Smith, Philip et al

P R E F I L E D

HB 669 -- Mental Health Informed Consent

This bill defines the parameters of the informed consent doctrine as a vehicle that would lead to greater truthfulness and responsibility in mental health practices. Informed consent discloses the benefits as well as the hazards of treatment before the patient or the legal guardian consents to treatment. Each patient will receive a nontechnical informed consent explanation of their treatment plan. Reimbursement requests will be submitted with an informed consent form containing the following information:

(1) Description of the treatment plan;

(2) Scientific journal citations to support the proposed treatment;

(3) A list of alternative treatment plans;

(4) A list of risks and benefits of the proposed treatment; and

(5) Signatures of both parties to the mental health treatment.

Psychological tests used by the mental health care providers should include a manual that describes the development of the test, the rationale, and the validity and reliability of the test along with normative data. If the mental health care provider used computerized testing services that provider must be responsible for the legitimacy and accuracy of the interpretation of the test. A provider must indicate when the test interpretation is not based on direct contact with the client.

Mental health care providers are responsible for psychological tests that they offer to publishers. They must make sure the publishers present the test in a professional manner and have factual and descriptive advertisements. Providing a written or oral report concerning the mental health of a client is a psychological service which will include:

(1) A description of the procedures;

(2) Reservations about the validity or reliability of the conclusions formulated;

(3) Notes about any discrepancy or conflicting information that may have some bearing on the conclusions of the provider; and

(4) Information on whether direct contact was made between the provider and the client.

Violations constitute revocation or suspension of the license or certification of a mental health care provider to practice in the state of Missouri. Violations will be reported to the public upon inquiry.