84R8446 GCB-D
By: Naishtat H.B. No. 2023
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of a forensic medical director
responsible for statewide coordination and oversight of forensic
mental health services provided by the Department of State Health
Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 532, Health and Safety Code, is amended
by adding Section 532.013 to read as follows:
Sec. 532.013. FORENSIC MEDICAL DIRECTOR. (a) In this
section:
(1) "Commissioner" means the commissioner of the
department.
(2) "Department" means the Department of State Health
Services.
(3) "Forensic patient" means a person with mental
illness who is:
(A) found incompetent to stand trial under
Subchapter C, Chapter 46B, Code of Criminal Procedure;
(B) committed to court-ordered mental health
services under Subchapter E, Chapter 46B, Code of Criminal
Procedure;
(C) as described by Subchapter F, Chapter 46B,
Code of Criminal Procedure, subject to a civil commitment
proceeding under Subtitle C, Title 7, for court-ordered mental
health services under that subtitle; or
(D) found not guilty by reason of insanity under
Chapter 46C, Code of Criminal Procedure.
(4) "Forensic services" means competency restoration
services or mental health services provided a forensic patient at a
department facility.
(b) The commissioner shall appoint a forensic medical
director.
(c) To be qualified for appointment as forensic medical
director, a person must:
(1) be a physician licensed to practice in this state;
and
(2) have proven expertise in forensic services.
(d) The forensic medical director reports to the
commissioner and is responsible for:
(1) statewide coordination and oversight of forensic
services;
(2) any programs operated by the department relating
to evaluation of forensic patients, transition of forensic patients
from inpatient to outpatient or community-based services,
community forensic monitoring, or forensic research and training;
and
(3) addressing issues with the delivery of forensic
services in the state, including:
(A) significant increases in populations with
serious mental illness and criminal justice system involvement;
(B) adequate availability of department
facilities for civilly committed forensic patients;
(C) wait times for forensic patients who require
competency restoration services;
(D) interruption of mental health services of
recently released forensic patients; and
(E) coordination of services provided forensic
patients by state agencies.
SECTION 2. The commissioner of the Department of State
Health Services shall appoint a forensic medical director as
required by Section 532.013, Health and Safety Code, as added by
this Act, as soon as practicable after the effective date of this
Act.
SECTION 3. 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, 2015.