83R6416 AED-D
By: West S.B. No. 718
A BILL TO BE ENTITLED
AN ACT
relating to voluntary and involuntary mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 572, Health and Safety
Code, is amended to read as follows:
CHAPTER 572. VOLUNTARY [INPATIENT] MENTAL HEALTH SERVICES
SECTION 2. Section 572.001, Health and Safety Code, is
amended by amending Subsections (a), (c), and (d) and adding
Subsection (c-1) to read as follows:
(a) A person 16 years of age or older or a person younger
than 16 years of age who is or has been married may request
admission to an inpatient mental health facility or for outpatient
mental health services by filing a request with the administrator
of the facility where [to which] admission is requested. The
parent, managing conservator, or guardian of a person younger than
18 years of age who is not and has not been married may request the
admission of the person to an inpatient mental health facility or
for outpatient mental health services by filing a request with the
administrator of the facility where [to which] admission is
requested.
(c) A person or agency appointed as the guardian or a
managing conservator of a person younger than 18 years of age and
acting as an employee or agent of the state or a political
subdivision of the state may request admission of the person
younger than 18 years of age only with the person's consent. If the
person does not consent, the person may be admitted for inpatient or
outpatient services only pursuant to an application for
court-ordered mental health services or emergency detention or an
order for protective custody.
(c-1) A person younger than 18 years of age who is not and
has not been married may be involuntarily committed under this
subtitle only if the person may not be voluntarily admitted under
this chapter as provided by this chapter, other state law, or
department rule.
(d) The administrator of an inpatient or outpatient mental
health facility may admit a minor who is 16 years of age or older or
a person younger than 16 years of age who is or has been married to
an inpatient or outpatient mental health facility as a voluntary
patient without the consent of the parent, managing conservator, or
guardian.
SECTION 3. Section 572.002, Health and Safety Code, is
amended to read as follows:
Sec. 572.002. ADMISSION. The facility administrator or the
administrator's authorized, qualified designee may admit a person
for whom a proper request for voluntary inpatient or outpatient
services is filed if the administrator or the designee determines:
(1) from a preliminary examination that the person has
symptoms of mental illness and will benefit from the inpatient or
outpatient services;
(2) that the person has been informed of the person's
rights as a voluntary patient; and
(3) that the admission was voluntarily agreed to:
(A) by the person, if the person is:
(i) 16 years of age or older; or
(ii) younger than 16 years of age and is or
has been married; or
(B) by the person's parent, managing
conservator, or guardian, if the person is younger than 18 years of
age and is not and has not been married.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.