82R3405 EES-D
By: Shelton H.B. No. 836
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. Section 574.035(j), Health and Safety Code, is
amended to read as follows:
(j) A judge may advise, but may not compel, the proposed
patient to:
(1) [receive treatment with psychoactive medication
as specified by the outpatient mental health services treatment
plan;
[(2)] participate in counseling; and
(2) [(3)] refrain from the use of alcohol or illicit
drugs.
SECTION 2. Subchapter C, Chapter 574, Health and Safety
Code, is amended by adding Section 574.038 to read as follows:
Sec. 574.038. COURT-ORDERED OUTPATIENT TREATMENT WITH
PSYCHOACTIVE MEDICATION. (a) The court, in an order that directs a
patient to participate in outpatient mental health services, may
also order the patient to receive treatment with one or more classes
of psychoactive medication. The court may order the patient to
receive that treatment only if the court finds, from clear and
convincing evidence, that:
(1) treatment with the proposed psychoactive
medication:
(A) is in the best interest of the patient;
(B) is significantly more likely to maintain or
improve the patient's condition than less intrusive treatments; and
(C) if continued and monitored, will likely
prevent, or significantly delay, the patient's need for inpatient
mental health services in the future;
(2) without treatment with the proposed psychoactive
medication the patient will likely be involuntarily admitted to an
inpatient mental health facility before the first anniversary of
the date the order is issued and be treated with that psychoactive
medication during that admission; and
(3) the patient has demonstrated a continuing pattern
of behavior that tends to confirm the likelihood of serious harm to
the patient or others.
(b) To demonstrate a continuing pattern of behavior under
Subsection (a)(3), the evidence must include evidence that:
(1) the patient has received involuntary inpatient
mental health services not less than:
(A) three times within the 18-month period
preceding the date the order is issued; or
(B) five times during the patient's lifetime; and
(2) the patient's last commitment to an inpatient
mental health facility was a result, at least substantially, of the
patient's refusal to continue taking psychoactive medication
following the patient's discharge from an inpatient mental health
facility.
(c) Before ordering a patient to receive treatment with one
or more classes of psychoactive medication under this section, the
court must consider medical evidence regarding the benefits and
risks of the psychoactive medication.
(d) A court that orders a patient to receive outpatient
treatment with psychoactive medication under this section shall:
(1) determine whether an assertive community
treatment team or a mobile crisis outreach team is available to
monitor the patient, assist the patient, and recommend that the
patient receive necessary inpatient mental health services; and
(2) prescribe in the order the initial level of
services the team will provide to the patient.
(e) The court, in an order that directs a patient to receive
outpatient treatment with psychoactive medication under this
section, shall require the local mental health authority to provide
the patient with any of the following services that the patient
requests:
(1) counseling;
(2) supervised or assisted living;
(3) educational or vocational training;
(4) enrollment in a day program or partial day
program; and
(5) alcohol or substance abuse treatment.
SECTION 3. Section 574.065(a), Health and Safety Code, is
amended to read as follows:
(a) The court may modify an order for outpatient services at
the modification hearing if the court determines that the patient
meets the applicable criteria for court-ordered mental health
services prescribed by Section 574.034(a) or 574.035(a) or for
court-ordered outpatient treatment with one or more classes of
psychoactive medication as prescribed by Section 574.038(a).
SECTION 4. Section 574.066, Health and Safety Code, is
amended by adding Subsection (i) to read as follows:
(i) A court that renews an order for outpatient mental
health services may also renew an order that directs that patient to
receive outpatient treatment with one or more classes of
psychoactive medication. The court may renew that order only if the
court finds, from clear and convincing evidence, that the patient
meets the criteria for court-ordered outpatient treatment with one
or more classes of psychoactive medication as prescribed by Section
574.038(a).
SECTION 5. Section 574.068, Health and Safety Code, is
amended by adding Subsection (h) to read as follows:
(h) Notwithstanding Subsection (d), the court shall order a
reexamination or hearing regarding an order directing a patient to
receive court-ordered outpatient treatment with one or more classes
of psychoactive medication if the request is filed at least 90 days
after the date the order was entered or after a similar request is
filed. A court is not required to order a reexamination or hearing
if the request is filed before the 90th day after the date the order
was entered or after a similar request was filed unless the request
is supported by testimony of a physician or the patient's criminal
defense counsel.
SECTION 6. Section 574.069, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) The judge shall dismiss a request described by Section
574.068(h) if the court finds by a preponderance of the evidence
that the patient continues to meet the criteria for court-ordered
outpatient treatment with one or more classes of psychoactive
medication as prescribed by Section 574.038(a). The judge shall
set aside an order directing a patient to receive outpatient
treatment with one or more classes of psychoactive medication if
the court fails to find, from a preponderance of the evidence, that
the patient continues to meet that criteria.
SECTION 7. Chapter 575, 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.