Relating to the appeal of an order authorizing the administration of medication to a patient receiving court-ordered inpatient mental health services.
Impact
The enactment of HB 2102 is intended to provide a safeguard for patients receiving involuntary mental health treatment. By allowing appeals to halt the administration of medication, the law aims to balance state intervention in mental health care with individual patient rights. Importantly, this amendment means that any appeals related to orders filed after the law's effective date (September 1, 2015) will be handled under the new rules, effectively impacting the way courts handle mental health medication cases.
Summary
House Bill 2102 addresses the protocol for appealing orders that permit the administration of medication to patients undergoing court-ordered inpatient mental health services. The bill specifically amends Section 574.108(b) of the Health and Safety Code, establishing that an order for medication may be stayed while an appeal is pending. This provision seeks to enhance patient rights in cases where medication is administratively required, allowing for a legal reassessment of such orders before they are executed.
Contention
Notable points of contention surrounding HB 2102 may stem from concerns about possible delays in necessary treatment for patients whose conditions warrant immediate medication. Proponents argue that the ability to appeal enhances patient protections and fosters a more ethical approach to mental health care. Critics, however, might contend that this could hinder timely treatment for individuals in crisis, potentially exacerbating their conditions. Through this bill, the legislature aims to negotiate the complex interests of safeguarding patient rights while also addressing the urgent needs of mental health crises.
Relating to an application for emergency detention, procedures regarding court-ordered mental health services, and certain rights of patients admitted to private mental hospitals and certain other mental health facilities.
Relating to notice of rights provided to a patient receiving inpatient mental health, chemical dependency, or comprehensive medical rehabilitation services at certain facilities.
Relating to preliminary examination periods for mental health protective custody and the criteria for and duration of certain court-ordered mental health services.