Texas 2013 - 83rd Regular

Texas Senate Bill SB646 Compare Versions

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1	1	83R26006 EES-F
2	2	By: Deuell S.B. No. 646
3	3	(Naishtat, Burkett)
4	4	Substitute the following for S.B. No. 646: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to court-ordered outpatient mental health services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 574, Health and Safety
12	12	Code, is amended by adding Section 574.0125 to read as follows:
13	13	Sec. 574.0125. IDENTIFICATION OF PERSON RESPONSIBLE FOR
14	14	COURT-ORDERED OUTPATIENT MENTAL HEALTH SERVICES. Not later than
15	15	the third day before the date of a hearing that may result in the
16	16	judge ordering the patient to receive court-ordered outpatient
17	17	mental health services, the judge shall identify the person the
18	18	judge intends to designate to be responsible for those services
19	19	under Section 574.037.
20	20	SECTION 2. Section 574.037, Health and Safety Code, is
21	21	amended by amending Subsections (a) and (b) and adding Subsections
22	22	(b-1), (b-2), (c-1), (c-2), (c-3), and (c-4) to read as follows:
23	23	(a) The court, in an order that directs a patient to
24	24	participate in outpatient mental health services, shall designate
25	25	the person identified under Section 574.0125 as [identify a person
26	26	who is] responsible for those services or may designate a different
27	27	person if necessary. The person designated [identified] must be
28	28	the facility administrator or an individual involved in providing
29	29	court-ordered outpatient services. A person may not be designated
30	30	as responsible for the ordered services without the person's
31	31	consent unless the person is the facility administrator of a
32	32	department facility or the facility administrator of a community
33	33	center that provides mental health services in the region in which
34	34	the committing court is located.
35	35	(b) The person responsible for the services shall submit to
36	36	the court [within two weeks after the court enters the order] a
37	37	general program of the treatment to be provided as required by this
38	38	subsection and Subsection (b-2). The program must be incorporated
39	39	into the court order. The program must include:
40	40	(1) services to provide care coordination; and
41	41	(2) any other treatment or services, including
42	42	medication and supported housing, that are available and considered
43	43	clinically necessary by a treating physician or the person
44	44	responsible for the services to assist the patient in functioning
45	45	safely in the community.
46	46	(b-1) If the patient is receiving inpatient mental health
47	47	services at the time the program is being prepared, the person
48	48	responsible for the services under this section shall seek input
49	49	from the patient's inpatient treatment providers in preparing the
50	50	program.
51	51	(b-2) The person responsible for the services shall submit
52	52	the program to the court before the hearing under Section 574.034 or
53	53	574.035 or before the court modifies an order under Section
54	54	574.061, as appropriate.
55	55	(c-1) A patient subject to court-ordered outpatient
56	56	services may petition the court for specific enforcement of the
57	57	court order.
58	58	(c-2) A court may, on its own motion, set a status
59	59	conference with the person responsible for the services, the
60	60	patient, and the patient's attorney.
61	61	(c-3) The court shall order the patient to participate in
62	62	the program but may not compel performance. If a court receives
63	63	information under Subsection (c)(1) that a patient is not complying
64	64	with the court's order, the court may:
65	65	(1) set a modification hearing under Section 574.062;
66	66	and
67	67	(2) issue an order for temporary detention if an
68	68	application is filed under Section 574.063.
69	69	(c-4) The failure of a patient to comply with the program
70	70	incorporated into a court order is not grounds for punishment for
71	71	contempt of court under Section 21.002, Government Code.
72	72	SECTION 3. Section 574.061(f), Health and Safety Code, is
73	73	amended to read as follows:
74	74	(f) If the court modifies the order, the court shall
75	75	designate [identify] a person to be responsible for the outpatient
76	76	services as prescribed by Section 574.037.
77	77	SECTION 4. Section 574.063(b), Health and Safety Code, is
78	78	amended to read as follows:
79	79	(b) The application must state the applicant's opinion and
80	80	detail the reasons for the applicant's opinion that:
81	81	(1) the patient meets the criteria described by
82	82	Section 574.064(a-1) [574.065(a)]; and
83	83	(2) detention in an inpatient mental health facility
84	84	is necessary to evaluate the appropriate setting for continued
85	85	court-ordered services.
86	86	SECTION 5. Section 574.064, Health and Safety Code, is
87	87	amended by adding Subsections (a-1) and (a-2) and amending
88	88	Subsections (b) and (e) to read as follows:
89	89	(a-1) A physician shall evaluate the patient as soon as
90	90	possible within 24 hours after the time detention begins to
91	91	determine whether the patient, due to mental illness, presents a
92	92	substantial risk of serious harm to the patient or others so that
93	93	the patient cannot be at liberty pending the probable cause hearing
94	94	under Subsection (b). The determination that the patient presents
95	95	a substantial risk of serious harm to the patient or others may be
96	96	demonstrated by:
97	97	(1) the patient's behavior; or
98	98	(2) evidence of severe emotional distress and
99	99	deterioration in the patient's mental condition to the extent that
100	100	the patient cannot live safely in the community.
101	101	(a-2) If the physician who conducted the evaluation
102	102	determines that the patient does not present a substantial risk of
103	103	serious harm to the patient or others, the facility shall:
104	104	(1) notify:
105	105	(A) the person designated under Section 574.037
106	106	as responsible for providing outpatient mental health services or
107	107	the facility administrator of the outpatient facility treating the
108	108	patient; and
109	109	(B) the court that entered the order directing
110	110	the patient to receive court-ordered outpatient mental health
111	111	services; and
112	112	(2) release the patient.
113	113	(b) A patient who is not released under Subsection (a-2) may
114	114	be detained under a temporary detention order for more than 72
115	115	hours, excluding Saturdays, Sundays, legal holidays, and the period
116	116	prescribed by Section 574.025(b) for an extreme emergency only if,
117	117	after a hearing held before the expiration of that period, the
118	118	court, a magistrate, or a designated associate judge finds that
119	119	there is probable cause to believe that:
120	120	(1) the patient, due to mental illness, presents a
121	121	substantial risk of serious harm to the patient or others, using the
122	122	criteria prescribed by Subsection (a-1), to the extent that the
123	123	patient cannot be at liberty pending the final hearing under
124	124	Section 574.062 [meets the criteria described by Section
125	125	574.065(a)]; and
126	126	(2) detention in an inpatient mental health facility
127	127	is necessary to evaluate the appropriate setting for continued
128	128	court-ordered services.
129	129	(e) A patient released from an inpatient mental health
130	130	facility under Subsection (a-2) or (d) continues to be subject to
131	131	the order for court-ordered outpatient services, if the order has
132	132	not expired.
133	133	SECTION 6. Section 574.065(a), Health and Safety Code, is
134	134	amended to read as follows:
135	135	(a) The court may modify an order for outpatient services at
136	136	the modification hearing if the court determines that the patient
137	137	meets the applicable criteria for court-ordered inpatient mental
138	138	health services prescribed by Section 574.034(a) or 574.035(a).
139	139	SECTION 7. The heading to Subchapter G, Chapter 574, Health
140	140	and Safety Code, is amended to read as follows:
141	141	SUBCHAPTER G. ADMINISTRATION OF MEDICATION TO PATIENT UNDER COURT
142	142	ORDER FOR [INPATIENT] MENTAL HEALTH SERVICES
143	143	SECTION 8. Section 574.102, Health and Safety Code, is
144	144	amended to read as follows:
145	145	Sec. 574.102. APPLICATION OF SUBCHAPTER. This subchapter
146	146	applies to the application of medication to a patient subject to a
147	147	court [an] order for [inpatient] mental health services under this
148	148	chapter or other law.
149	149	SECTION 9. Section 574.103(b), Health and Safety Code, is
150	150	amended to read as follows:
151	151	(b) A person may not administer a psychoactive medication to
152	152	a patient under court-ordered inpatient mental health services who
153	153	refuses to take the medication voluntarily unless:
154	154	(1) the patient is having a medication-related
155	155	emergency;
156	156	(2) the patient is under an order issued under Section
157	157	574.106 authorizing the administration of the medication
158	158	regardless of the patient's refusal; or
159	159	(3) the patient is a ward who is 18 years of age or
160	160	older and the guardian of the person of the ward consents to the
161	161	administration of psychoactive medication regardless of the ward's
162	162	expressed preferences regarding treatment with psychoactive
163	163	medication.
164	164	SECTION 10. Subchapter D, Chapter 1001, Health and Safety
165	165	Code, is amended by adding Section 1001.083 to read as follows:
166	166	Sec. 1001.083. REPORT ON COURT-ORDERED OUTPATIENT MENTAL
167	167	HEALTH SERVICES. (a) Not later than December 1, 2016, the
168	168	department shall prepare and submit to the legislature a report
169	169	containing information about persons receiving court-ordered
170	170	outpatient mental health services in this state and the
171	171	effectiveness of those services.
172	172	(b) This section expires September 1, 2017.
173	173	SECTION 11. Sections 574.034(i) and 574.035(j), Health and
174	174	Safety Code, are repealed.
175	175	SECTION 12. The change in law made by this Act applies only
176	176	to an application for court-ordered mental health services or
177	177	temporary detention filed on or after the effective date of this
178	178	Act. An application filed before the effective date of this Act is
179	179	governed by the law in effect when the application was filed, and
180	180	the former law is continued in effect for that purpose.
181	181	SECTION 13. This Act takes effect September 1, 2013.