SB 0841 - Fiscal Note

Fiscal Note - SB 0841 - Limits Use of Research Methods in Mental Health Facilities

L.R. NO.  3148-01
BILL NO.  SB 841
SUBJECT:  Civil Right; Department of Mental Health
TYPE:     Original
DATE:     February 1, 1996



                              FISCAL SUMMARY
                    ESTIMATED NET EFFECT ON STATE FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
None

Total Estimated
Net Effect on All
State Funds                     $0                  $0                $0

                   ESTIMATED NET EFFECT ON FEDERAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
None

Total Estimated
Net Effect on All
Federal Funds                   $0                  $0                $0

                    ESTIMATED NET EFFECT ON LOCAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
Local Government                $0                  $0                $0


                              FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Mental Health, the Department of Health, the
Department of Corrections, the Office of State Court Administrator, the
Office of Attorney General, and the State Public Defender assume this
proposal would not fiscally impact their agencies.

Office of Prosecution Services (OPS) officials assume that any costs incurred
as a result of this proposal would be minimal and could be absorbed with
existing resources.

FISCAL IMPACT - State Government   FY 1997   FY 1998   FY 1999
                                  (10 Mo.)

                                        $0        $0        $0


FISCAL IMPACT  - Local Government  FY 1997   FY 1998   FY 1999
                                  (10 Mo.)

                                        $0        $0        $0

DESCRIPTION
This proposal would provide that no biomedical or pharmacological research
can be conducted in any mental health facility or program in which people may
be civilly detained or in any public or private residential facility.  The
proposal also provides that no biomedical or pharmacological research may be
carried out on an involuntary patient without a specific court order to do
so.  The application for the order would be required to be filed in the court
where the mental health facility is located; however, the application may be
transferred to the committing court if requested by the patient.  The hearing
may be waived, by written agreement of the parties, in which case the order
for the biomedical or pharmacological research shall be granted.

This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.

SOURCES OF INFORMATION

Department of Mental Health
Department of Health
Department of Corrections
Office of State Courts Administrator
Office of Attorney General
Office of Prosecution Services
State Public Defender