83R3762 EES-F
By: West S.B. No. 937
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain facilities to temporarily
detain a person with mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A, Chapter 573, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER A. APPREHENSION, [BY PEACE OFFICER OR]
TRANSPORTATION, OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER
[FOR EMERGENCY DETENTION BY GUARDIAN]
SECTION 2. Subchapter A, Chapter 573, Health and Safety
Code, is amended by adding Section 573.005 to read as follows:
Sec. 573.005. TEMPORARY DETENTION BY CERTAIN FACILITIES.
(a) In this section, "facility" means:
(1) a mental health facility;
(2) a hospital licensed under Chapter 241; and
(3) a freestanding emergency medical care facility
licensed under Chapter 254.
(b) A facility that is examining or treating a person who
requested treatment from the facility may detain the person as
provided by Subsection (c) if:
(1) the person expresses a desire to leave the
facility or attempts to leave the facility before the examination
or treatment is completed; and
(2) the facility:
(A) has reason to believe and does believe that:
(i) the person has a mental illness; and
(ii) because of that mental illness there
is a substantial risk of serious harm to the person or to others
unless the person is immediately restrained; and
(B) believes that there is not sufficient time to
file an application for emergency detention or for an order of
protective custody.
(c) The period of a person's detention authorized by
Subsection (b) may not exceed four hours following the time the
person first expressed a desire to leave, or attempted to leave, the
facility. The facility shall have a physician examine the person
during that period to determine if there is reasonable cause to
believe that the person might meet the criteria for court-ordered
mental health services or emergency detention.
(d) The physician examining the person under Subsection (c)
shall discharge the person on completion of the examination and
before the end of the four-hour period unless the physician
determines that the person meets the criteria for court-ordered
mental health services or emergency detention. If the examining
physician determines that the person meets those criteria, the
facility may continue to detain the person until not later than
4 p.m. on the next business day after the date of the examination to
allow time for the issuance of a warrant of emergency detention or
an order of protective custody. The facility shall release the
person before the end of that period unless the warrant or order is
issued.
(e) The facility shall notify the person if the facility
intends to detain the person under this section. The examining
physician shall notify the person if the examining physician
intends to pursue the issuance of a warrant for emergency detention
or an order of protective custody.
(f) The facility shall document in writing a decision to
detain a person under this section and the reasons for that decision
and shall make the document a part of the person's clinical record.
SECTION 3. This Act takes effect September 1, 2013.