By: West, Huffman S.B. No. 359
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a peace officer to apprehend a person
for emergency detention and 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. Section 573.001, Health and Safety Code, is
amended by adding Subsection (i) to read as follows:
(i) A peace officer may take a person who has been admitted
to a facility into custody under this section. For purposes of this
subsection, "facility" has the meaning assigned by Section 573.005.
SECTION 3. 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, or the emergency department of a
hospital, licensed under Chapter 241; and
(3) a freestanding emergency medical care facility
licensed under Chapter 254.
(b) This section does not apply to a person who has been
transported to a facility for emergency detention under this
chapter.
(c) A facility may detain a person who voluntarily requested
treatment from the facility or who lacks the capacity to consent to
treatment, as provided by this section, 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) a physician at 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.
(d) The facility staff or physician shall notify the person
if the facility intends to detain the person under this section.
(e) The physician shall document a decision to detain a
person under this section and place that notice of detention in the
person's medical record. The notice of detention must contain:
(1) a statement that the physician has reason to
believe and does believe that the person evidences mental illness;
(2) a statement that the physician has reason to
believe and does believe that the person evidences a substantial
risk of serious harm to the person or others;
(3) a specific description of the risk of harm;
(4) a statement that the physician has reason to
believe and does believe that the risk of harm is imminent unless
the person is immediately restrained;
(5) a statement that the physician's beliefs are
derived from specific recent behavior, overt acts, attempts, or
threats that were observed by or reliably reported to the
physician; and
(6) a detailed description of the specific behavior,
acts, attempts, or threats.
(f) The period of a person's detention authorized by this
section 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 release the person not later than the
end of the four-hour period unless the facility arranges for a peace
officer to take the person into custody under Section 573.001 or an
order of protective custody is issued.
(g) A physician, person, or facility that detains or fails
to detain a person under this section and who acts in good faith and
without malice is not civilly or criminally liable for that action.
(h) Detention of a person under this section is not
considered involuntary psychiatric hospitalization for purposes of
Section 411.172(e), Government Code.
SECTION 4. This Act takes effect September 1, 2015.