By: Shelton H.B. No. 3380
A BILL TO BE ENTITLED
AN ACT
relating to certain persons receiving mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 575 of the Health and Safety Code is
amended by adding Subchapter C to read as follows:
SUBCHAPTER C. TRANSFER FOR MEDICAL TREATMENT
Sec. 575.031. TEMPORARY TRANSFER FOR MEDICAL TREATMENT.
(a) The facility administrator of an inpatient mental health
facility to which a patient has been admitted for court-ordered
inpatient mental health care services or in which a patient or
proposed patient is being detained under a protective custody or
detention order may temporarily transfer the patient or proposed
patient to a hospital if, in the opinion of a physician, the patient
or proposed patient needs immediate medical care or treatment.
(b) After receiving medical care or treatment, the hospital
shall return the patient or proposed patient to the inpatient
mental health facility where the patient or proposed patient was
committed or detained unless the order under which the patient or
proposed patient was committed or detained has expired or been
otherwise terminated.
(c) An order for mental health services or a protective
custody order may be renewed as provided by this chapter while a
patient or proposed patient is receiving services in a hospital
under this section.
SECTION 8. Section 770, Texas Probate Code, is amended by
amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) Except as provided by Subsection (c), [or] (d), or (e)
of this section, a guardian may not voluntarily admit an
incapacitated person to a public or private in-patient psychiatric
facility or to a residential facility operated by the Texas
Department of Mental Health and Mental Retardation for care and
treatment. If care and treatment in a psychiatric or a residential
facility are necessary, the person or the person's guardian may:
(1) apply for services under Section 593.027 or
593.028, Health and Safety Code;
(2) apply to a court to commit the person under
Subtitle D, Title 7, Health and Safety Code (Persons with Mental
Retardation Act), Subtitle C, Title 7, Health and Safety Code
(Texas Mental Health Code), or Chapter 462, Health and Safety Code;
or
(3) transport the ward to an inpatient mental health
facility for a preliminary examination in accordance with
Subchapters A and C, Chapter 573, Health and Safety Code.
(e) A guardian of a person 16 years of age or older whose
primary incapacity is an intellectual disability and whose mental
age is younger than 16 years of age may voluntarily admit the person
to a public or private inpatient psychiatric facility for care and
treatment for a period not to exceed 14 days. The guardian and the
facility administrator shall immediately file written notice with
the court of an admission under this subsection.
SECTION 9. This Act takes effect September 1, 2011.