| 1 | 1 | | By: Eltife S.B. No. 1889 |
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| 2 | 2 | | (Lavender) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the transport of a mental health patient who is not a |
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| 8 | 8 | | resident of this state. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subdivision (12), Section 571.003, Health and |
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| 11 | 11 | | Safety Code, is amended to read as follows: |
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| 12 | 12 | | (12) "Mental health facility" means: |
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| 13 | 13 | | (A) an inpatient or outpatient mental health |
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| 14 | 14 | | facility operated by the department, a federal agency, a political |
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| 15 | 15 | | subdivision, or any person; |
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| 16 | 16 | | (B) a community center or a facility operated by |
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| 17 | 17 | | a community center; [or] |
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| 18 | 18 | | (C) that identifiable part of a general hospital |
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| 19 | 19 | | in which diagnosis, treatment, and care for persons with mental |
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| 20 | 20 | | illness is provided; or |
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| 21 | 21 | | (D) with respect to a reciprocal agreement |
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| 22 | 22 | | entered into under Section 571.0081, any hospital or facility |
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| 23 | 23 | | designated as a place of commitment by the department, a local |
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| 24 | 24 | | mental health authority, and the contracting state or local |
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| 25 | 25 | | authority. |
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| 26 | 26 | | SECTION 2. Subsections (a), (c), and (e), Section 571.008, |
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| 27 | 27 | | Health and Safety Code, are amended to read as follows: |
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| 28 | 28 | | (a) The department may return a nonresident patient |
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| 29 | 29 | | committed to a department mental health facility or other mental |
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| 30 | 30 | | health facility under Section 571.0081 to the proper agency of the |
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| 31 | 31 | | patient's state of residence. |
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| 32 | 32 | | (c) Subject to Section 571.0081, the [The] department may |
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| 33 | 33 | | enter into reciprocal agreements with the state or local |
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| 34 | 34 | | authorities, as defined by Section 571.0081, [proper agencies] of |
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| 35 | 35 | | other states to facilitate the return of persons committed to |
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| 36 | 36 | | mental health facilities in this state or another state to the |
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| 37 | 37 | | states of their residence. |
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| 38 | 38 | | (e) The state returning a committed patient to another state |
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| 39 | 39 | | shall bear the expenses of returning the patient, unless the state |
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| 40 | 40 | | agrees to share costs under a reciprocal agreement under Section |
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| 41 | 41 | | 571.0081. |
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| 42 | 42 | | SECTION 3. Chapter 571, Health and Safety Code, is amended |
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| 43 | 43 | | by adding Section 571.0081 to read as follows: |
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| 44 | 44 | | Sec. 571.0081. RETURN OF COMMITTED PATIENT TO STATE OF |
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| 45 | 45 | | RESIDENCE; RECIPROCAL AGREEMENTS. (a) In this section, "state or |
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| 46 | 46 | | local authority" means a state or local government authority or |
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| 47 | 47 | | agency or a representative of a state or local government authority |
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| 48 | 48 | | or agency acting in an official capacity. |
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| 49 | 49 | | (b) If a state or local authority of another state petitions |
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| 50 | 50 | | the department, the department shall enter into a reciprocal |
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| 51 | 51 | | agreement with the state or local authority to facilitate the |
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| 52 | 52 | | return of persons committed to mental health facilities in this |
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| 53 | 53 | | state to the state of their residence unless the department |
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| 54 | 54 | | determines that the terms of the agreement are not acceptable. |
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| 55 | 55 | | (c) A reciprocal agreement entered into by the department |
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| 56 | 56 | | under Subsection (b) must require the department to develop a |
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| 57 | 57 | | process for returning persons committed to mental health facilities |
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| 58 | 58 | | to their state of residence. The process must: |
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| 59 | 59 | | (1) provide suitable care for the person committed to |
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| 60 | 60 | | a mental health facility; |
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| 61 | 61 | | (2) use available resources efficiently; and |
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| 62 | 62 | | (3) consider commitment to a proximate mental health |
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| 63 | 63 | | facility to facilitate the return of the committed patient to the |
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| 64 | 64 | | patient's state of residence. |
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| 65 | 65 | | (d) For the purpose of this section, the department shall |
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| 66 | 66 | | coordinate, as appropriate, with a mental health facility, a mental |
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| 67 | 67 | | hospital, health service providers, courts, and law enforcement |
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| 68 | 68 | | personnel located in the geographic area nearest the petitioning |
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| 69 | 69 | | state. |
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| 70 | 70 | | SECTION 4. The change in law made by this Act to Chapter |
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| 71 | 71 | | 571, Health and Safety Code, applies only to a reciprocal agreement |
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| 72 | 72 | | between the state and another entity entered into on or after the |
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| 73 | 73 | | effective date of this Act. A reciprocal agreement entered into |
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| 74 | 74 | | between the state and another entity before the effective date of |
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| 75 | 75 | | this Act is governed by the law in effect on the date the reciprocal |
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| 76 | 76 | | agreement was entered into, and the former law is continued in |
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| 77 | 77 | | effect for that purpose. |
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| 78 | 78 | | SECTION 5. This Act takes effect September 1, 2013. |
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