Texas 2013 - 83rd Regular

Texas House Bill HB1947 Compare Versions

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1	1	By: Burkett, Naishtat, N. Gonzalez of El Paso H.B. No. 1947
2	2	(Senate Sponsor - Zaffirini)
3	3	(In the Senate - Received from the House May 6, 2013;
4	4	May 7, 2013, read first time and referred to Committee on Health
5	5	and Human Services; May 16, 2013, reported adversely, with
6	6	favorable Committee Substitute by the following vote: Yeas 7,
7	7	Nays 0; May 16, 2013, sent to printer.)
8	8	COMMITTEE SUBSTITUTE FOR H.B. No. 1947 By: Zaffirini
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the criteria for commitment or detention of a person
14	14	with mental illness.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 571.003, Health and Safety Code, is
17	17	amended by adding Subdivision (7-a) to read as follows:
18	18	(7-a) "Gravely disabled" means a person who, as a
19	19	result of mental illness, is:
20	20	(A) suffering severe and ongoing mental,
21	21	emotional, or physical distress;
22	22	(B) in danger of serious physical harm or serious
23	23	illness due to the person's inability to function independently,
24	24	which is exhibited by the person's inability due to mental illness,
25	25	except for reasons of indigence, to provide for the person's basic
26	26	needs, including food, clothing, shelter, medical care, health, or
27	27	safety; and
28	28	(C) unable to make a rational and informed
29	29	decision as to whether to submit to treatment.
30	30	SECTION 2. The heading to Subchapter A, Chapter 573, Health
31	31	and Safety Code, is amended to read as follows:
32	32	SUBCHAPTER A. APPREHENSION, [BY PEACE OFFICER OR] TRANSPORTATION,
33	33	OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER [FOR EMERGENCY
34	34	DETENTION BY GUARDIAN]
35	35	SECTION 3. Section 573.001, Health and Safety Code, is
36	36	amended by amending Subsection (b) and adding Subsection (g) to
37	37	read as follows:
38	38	(b) A substantial risk of serious harm to the person or
39	39	others under Subsection (a)(1)(B) may be demonstrated by:
40	40	(1) the person's behavior; or
41	41	(2) evidence of the person being gravely disabled
42	42	[severe emotional distress and deterioration in the person's mental
43	43	condition] to the extent that the person cannot remain at liberty.
44	44	(g) A peace officer may take a person who has been admitted
45	45	to a facility into custody under this section. For purposes of this
46	46	subsection, "facility" has the meaning assigned by Section 573.005.
47	47	SECTION 4. Section 573.003(b), Health and Safety Code, is
48	48	amended to read as follows:
49	49	(b) A substantial risk of serious harm to the ward or others
50	50	under Subsection (a)(2) may be demonstrated by:
51	51	(1) the ward's behavior; or
52	52	(2) evidence of the ward being gravely disabled
53	53	[severe emotional distress and deterioration in the ward's mental
54	54	condition] to the extent that the ward cannot remain at liberty.
55	55	SECTION 5. Subchapter A, Chapter 573, Health and Safety
56	56	Code, is amended by adding Section 573.005 to read as follows:
57	57	Sec. 573.005. TEMPORARY DETENTION BY CERTAIN FACILITIES.
58	58	(a) In this section, "facility" means:
59	59	(1) a mental health facility;
60	60	(2) a hospital, or the emergency department of a
61	61	hospital, licensed under Chapter 241; and
62	62	(3) a freestanding emergency medical care facility
63	63	licensed under Chapter 254.
64	64	(b) This section does not apply to a person who has been
65	65	transported to a facility for emergency detention under this
66	66	chapter.
67	67	(c) A facility may detain a person who voluntarily requested
68	68	treatment from the facility or who lacks the capacity to consent to
69	69	treatment, as provided by this section, if:
70	70	(1) the person expresses a desire to leave the
71	71	facility or attempts to leave the facility before the examination
72	72	or treatment is completed; and
73	73	(2) a physician at the facility:
74	74	(A) has reason to believe and does believe that:
75	75	(i) the person has a mental illness; and
76	76	(ii) because of that mental illness there
77	77	is a substantial risk of serious harm to the person or to others
78	78	unless the person is immediately restrained; and
79	79	(B) believes that there is not sufficient time to
80	80	file an application for emergency detention or for an order of
81	81	protective custody.
82	82	(d) The facility staff or physician shall notify the person
83	83	if the facility intends to detain the person under this section.
84	84	(e) The physician shall document a decision to detain a
85	85	person under this section and place that notice of detention in the
86	86	person's medical record. The notice of detention must contain:
87	87	(1) a statement that the physician has reason to
88	88	believe and does believe that the person evidences mental illness;
89	89	(2) a statement that the physician has reason to
90	90	believe and does believe that the person evidences a substantial
91	91	risk of serious harm to the person or others;
92	92	(3) a specific description of the risk of harm;
93	93	(4) a statement that the physician has reason to
94	94	believe and does believe that the risk of harm is imminent unless
95	95	the person is immediately restrained;
96	96	(5) a statement that the physician's beliefs are
97	97	derived from specific recent behavior, overt acts, attempts, or
98	98	threats that were observed by or reliably reported to the
99	99	physician; and
100	100	(6) a detailed description of the specific behavior,
101	101	acts, attempts, or threats.
102	102	(f) The period of a person's detention authorized by this
103	103	section may not exceed four hours following the time the person
104	104	first expressed a desire to leave, or attempted to leave, the
105	105	facility. The facility shall release the person not later than the
106	106	end of the four-hour period unless the facility arranges for a peace
107	107	officer to take the person into custody under Section 573.001 or an
108	108	order of protective custody is issued.
109	109	(g) A physician, person, or facility that detains or fails
110	110	to detain a person under this section and who acts in good faith and
111	111	without malice is not civilly or criminally liable for that action.
112	112	SECTION 6. Section 573.012(c), Health and Safety Code, is
113	113	amended to read as follows:
114	114	(c) A substantial risk of serious harm to the person or
115	115	others under Subsection (b)(2) may be demonstrated by:
116	116	(1) the person's behavior; or
117	117	(2) evidence of the person being gravely disabled
118	118	[severe emotional distress and deterioration in the person's mental
119	119	condition] to the extent that the person cannot remain at liberty.
120	120	SECTION 7. Section 573.022(a), Health and Safety Code, is
121	121	amended to read as follows:
122	122	(a) A person may be admitted to a facility for emergency
123	123	detention only if the physician who conducted the preliminary
124	124	examination of the person makes a written statement that:
125	125	(1) is acceptable to the facility;
126	126	(2) states that after a preliminary examination it is
127	127	the physician's opinion that:
128	128	(A) the person is mentally ill;
129	129	(B) the person evidences a substantial risk of
130	130	serious harm to himself or others;
131	131	(C) the described risk of harm is imminent unless
132	132	the person is immediately restrained; and
133	133	(D) emergency detention is the least restrictive
134	134	means by which the necessary restraint may be accomplished; and
135	135	(3) includes:
136	136	(A) a description of the nature of the person's
137	137	mental illness;
138	138	(B) a specific description of the risk of harm
139	139	the person evidences that may be demonstrated either by the
140	140	person's behavior or by evidence of the person being gravely
141	141	disabled [severe emotional distress and deterioration in the
142	142	person's mental condition] to the extent that the person cannot
143	143	remain at liberty; and
144	144	(C) the specific detailed information from which
145	145	the physician formed the opinion in Subdivision (2).
146	146	SECTION 8. Section 574.011(d), Health and Safety Code, is
147	147	amended to read as follows:
148	148	(d) If the certificate is offered in support of a motion for
149	149	a protective custody order, the certificate must also include the
150	150	examining physician's opinion that the examined person presents a
151	151	substantial risk of serious harm to himself or others if not
152	152	immediately restrained. The harm may be demonstrated by the
153	153	examined person's behavior or by evidence of the person being
154	154	gravely disabled [severe emotional distress and deterioration in
155	155	the examined person's mental condition] to the extent that the
156	156	examined person cannot remain at liberty.
157	157	SECTION 9. Section 574.022(b), Health and Safety Code, is
158	158	amended to read as follows:
159	159	(b) The determination that the proposed patient presents a
160	160	substantial risk of serious harm may be demonstrated by the
161	161	proposed patient's behavior or by evidence of the person being
162	162	gravely disabled [severe emotional distress and deterioration in
163	163	the proposed patient's mental condition] to the extent that the
164	164	proposed patient cannot remain at liberty.
165	165	SECTION 10. Sections 574.034(a) and (d), Health and Safety
166	166	Code, are amended to read as follows:
167	167	(a) The judge may order a proposed patient to receive
168	168	court-ordered temporary inpatient mental health services only if
169	169	the judge or jury finds, from clear and convincing evidence, that:
170	170	(1) the proposed patient is mentally ill; and
171	171	(2) as a result of that mental illness the proposed
172	172	patient:
173	173	(A) is likely to cause serious harm to himself;
174	174	(B) is likely to cause serious harm to others; or
175	175	(C) is gravely disabled [:
176	176	[(i) suffering severe and abnormal mental,
177	177	emotional, or physical distress;
178	178	[(ii) experiencing substantial mental or
179	179	physical deterioration of the proposed patient's ability to
180	180	function independently, which is exhibited by the proposed
181	181	patient's inability, except for reasons of indigence, to provide
182	182	for the proposed patient's basic needs, including food, clothing,
183	183	health, or safety; and
184	184	[(iii) unable to make a rational and
185	185	informed decision as to whether or not to submit to treatment].
186	186	(d) To be clear and convincing under Subsection (a), the
187	187	evidence must include expert testimony and, unless waived, evidence
188	188	of a recent overt act or a continuing pattern of behavior that tends
189	189	to confirm:
190	190	(1) the likelihood of serious harm to the proposed
191	191	patient or others; or
192	192	(2) the proposed patient being gravely disabled
193	193	[patient's distress and the deterioration of the proposed patient's
194	194	ability to function].
195	195	SECTION 11. Sections 574.035(a) and (e), Health and Safety
196	196	Code, are amended to read as follows:
197	197	(a) The judge may order a proposed patient to receive
198	198	court-ordered extended inpatient mental health services only if the
199	199	jury, or the judge if the right to a jury is waived, finds, from
200	200	clear and convincing evidence, that:
201	201	(1) the proposed patient is mentally ill;
202	202	(2) as a result of that mental illness the proposed
203	203	patient:
204	204	(A) is likely to cause serious harm to himself;
205	205	(B) is likely to cause serious harm to others; or
206	206	(C) is gravely disabled [:
207	207	[(i) suffering severe and abnormal mental,
208	208	emotional, or physical distress;
209	209	[(ii) experiencing substantial mental or
210	210	physical deterioration of the proposed patient's ability to
211	211	function independently, which is exhibited by the proposed
212	212	patient's inability, except for reasons of indigence, to provide
213	213	for the proposed patient's basic needs, including food, clothing,
214	214	health, or safety; and
215	215	[(iii) unable to make a rational and
216	216	informed decision as to whether or not to submit to treatment];
217	217	(3) the proposed patient's condition is expected to
218	218	continue for more than 90 days; and
219	219	(4) the proposed patient has received court-ordered
220	220	inpatient mental health services under this subtitle or under
221	221	Chapter 46B, Code of Criminal Procedure, for at least 60
222	222	consecutive days during the preceding 12 months.
223	223	(e) To be clear and convincing under Subsection (a), the
224	224	evidence must include expert testimony and evidence of a recent
225	225	overt act or a continuing pattern of behavior that tends to confirm:
226	226	(1) the likelihood of serious harm to the proposed
227	227	patient or others; or
228	228	(2) the proposed patient being gravely disabled
229	229	[patient's distress and the deterioration of the proposed patient's
230	230	ability to function].
231	231	SECTION 12. This Act takes effect September 1, 2013.
232	232	* * * * *