Texas 2015 - 84th Regular

Texas House Bill HB3677 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R21440 EES-F
2	2	By: Workman H.B. No. 3677
3	3	Substitute the following for H.B. No. 3677:
4	4	By: Crownover C.S.H.B. No. 3677
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a peace officer to apprehend a person
10	10	for emergency detention and the authority of certain facilities and
11	11	physicians to temporarily detain a person with mental illness.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Subchapter A, Chapter 573, Health
14	14	and Safety Code, is amended to read as follows:
15	15	SUBCHAPTER A. APPREHENSION, [BY PEACE OFFICER OR] TRANSPORTATION,
16	16	OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER [FOR EMERGENCY
17	17	DETENTION BY GUARDIAN]
18	18	SECTION 2. Section 573.001, Health and Safety Code, is
19	19	amended by adding Subsection (i) to read as follows:
20	20	(i) A peace officer may take a person who has been admitted
21	21	to a facility into custody under this section. For purposes of this
22	22	subsection, "facility" has the meaning assigned by Section 573.005.
23	23	SECTION 3. Subchapter A, Chapter 573, Health and Safety
24	24	Code, is amended by adding Section 573.005 to read as follows:
25	25	Sec. 573.005. TEMPORARY DETENTION IN CERTAIN FACILITIES.
26	26	(a) In this section, "facility" means:
27	27	(1) an inpatient mental health facility other than a
28	28	community center, a facility operated by or under contract with a
29	29	community center, an entity that the department designates to
30	30	provide mental health services, a local mental health authority, or
31	31	a facility operated by or under contract with a local mental health
32	32	authority, unless the facility is licensed under Chapter 577;
33	33	(2) a hospital, or the emergency department of a
34	34	hospital, licensed under Chapter 241; and
35	35	(3) a freestanding emergency medical care facility
36	36	licensed under Chapter 254.
37	37	(b) The governing body of a facility may adopt and implement
38	38	a written policy that provides for the facility or a physician at
39	39	the facility to detain a person who voluntarily requested treatment
40	40	from the facility or who lacks the capacity to consent to treatment,
41	41	as provided by this section, if:
42	42	(1) the person expresses a desire to leave the
43	43	facility or attempts to leave the facility before the examination
44	44	or treatment is completed; and
45	45	(2) a physician at the facility:
46	46	(A) has reason to believe and does believe that:
47	47	(i) the person has a mental illness; and
48	48	(ii) because of that mental illness there
49	49	is a substantial risk of serious harm to the person or to others
50	50	unless the person is immediately restrained; and
51	51	(B) believes that there is not sufficient time to
52	52	file an application for emergency detention or for an order of
53	53	protective custody.
54	54	(c) A policy adopted and implemented by a facility under
55	55	this section may not allow the facility or a physician at the
56	56	facility to detain a person who has been transported to the facility
57	57	for emergency detention under this chapter.
58	58	(d) A policy adopted and implemented by a facility under
59	59	this section must require:
60	60	(1) the facility staff or the physician who intends to
61	61	detain the person under the policy to notify the person of that
62	62	intention;
63	63	(2) a physician to document a decision by the facility
64	64	or the physician to detain a person under the policy and to place a
65	65	notice of detention in the person's medical record that contains
66	66	the same information as required in a peace officer's notification
67	67	of detention under Section 573.002; and
68	68	(3) the period of a person's detention under the policy
69	69	to be less than four hours following the time the person first
70	70	expressed a desire to leave, or attempted to leave, the facility,
71	71	and the facility or physician to release the person not later than
72	72	the end of the four-hour period unless the facility staff or
73	73	physician arranges for a peace officer to take the person into
74	74	custody under Section 573.001 or an order of protective custody is
75	75	issued.
76	76	(e) Detention of a person under a policy adopted and
77	77	implemented by a facility under this section is not considered
78	78	involuntary psychiatric hospitalization for purposes of Section
79	79	411.172(e), Government Code.
80	80	(f) A physician, person, or facility that detains or does
81	81	not detain a person under a policy adopted and implemented by a
82	82	facility under this section and that acts in good faith and without
83	83	malice is not civilly or criminally liable for that action.
84	84	(g) A facility is not civilly or criminally liable for its
85	85	governing body's decision to adopt or not to adopt a policy under
86	86	this section.
87	87	SECTION 4. This Act takes effect September 1, 2015.