Texas 2015 - 84th Regular

Texas Senate Bill SB359 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R21440 EES-F
2		-	By: West, et al. S.B. No. 359
3		-	(Workman)
4		-	Substitute the following for S.B. No. 359: No.
	1	+	S.B. No. 359
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to the authority of a peace officer to apprehend a person
10	6		for emergency detention and the authority of certain facilities and
11	7		physicians to temporarily detain a person with mental illness.
12	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	9		SECTION 1. The heading to Subchapter A, Chapter 573, Health
14	10		and Safety Code, is amended to read as follows:
15	11		SUBCHAPTER A. APPREHENSION, [BY PEACE OFFICER OR] TRANSPORTATION,
16	12		OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER [FOR EMERGENCY
17	13		DETENTION BY GUARDIAN]
18	14		SECTION 2. Section 573.001, Health and Safety Code, is
19	15		amended by adding Subsection (i) to read as follows:
20	16		(i) A peace officer may take a person who has been admitted
21	17		to a facility into custody under this section. For purposes of this
22	18		subsection, "facility" has the meaning assigned by Section 573.005.
23	19		SECTION 3. Subchapter A, Chapter 573, Health and Safety
24	20		Code, is amended by adding Section 573.005 to read as follows:
25	21		Sec. 573.005. TEMPORARY DETENTION IN CERTAIN FACILITIES.
26	22		(a) In this section, "facility" means:
27	23		(1) an inpatient mental health facility other than a
28	24		community center, a facility operated by or under contract with a
29	25		community center, an entity that the department designates to
30	26		provide mental health services, a local mental health authority, or
31	27		a facility operated by or under contract with a local mental health
32	28		authority, unless the facility is licensed under Chapter 577;
33	29		(2) a hospital, or the emergency department of a
34	30		hospital, licensed under Chapter 241; and
35	31		(3) a freestanding emergency medical care facility
36	32		licensed under Chapter 254.
37	33		(b) The governing body of a facility may adopt and implement
38	34		a written policy that provides for the facility or a physician at
39	35		the facility to detain a person who voluntarily requested treatment
40	36		from the facility or who lacks the capacity to consent to treatment,
41	37		as provided by this section, if:
42	38		(1) the person expresses a desire to leave the
43	39		facility or attempts to leave the facility before the examination
44	40		or treatment is completed; and
45	41		(2) a physician at the facility:
46	42		(A) has reason to believe and does believe that:
47	43		(i) the person has a mental illness; and
48	44		(ii) because of that mental illness there
49	45		is a substantial risk of serious harm to the person or to others
50	46		unless the person is immediately restrained; and
51	47		(B) believes that there is not sufficient time to
52	48		file an application for emergency detention or for an order of
53	49		protective custody.
54	50		(c) A policy adopted and implemented by a facility under
55	51		this section may not allow the facility or a physician at the
56	52		facility to detain a person who has been transported to the facility
57	53		for emergency detention under this chapter.
58	54		(d) A policy adopted and implemented by a facility under
59	55		this section must require:
60	56		(1) the facility staff or the physician who intends to
61	57		detain the person under the policy to notify the person of that
62	58		intention;
63	59		(2) a physician to document a decision by the facility
64	60		or the physician to detain a person under the policy and to place a
65	61		notice of detention in the person's medical record that contains
66	62		the same information as required in a peace officer's notification
67	63		of detention under Section 573.002; and
68	64		(3) the period of a person's detention under the policy
69	65		to be less than four hours following the time the person first
70	66		expressed a desire to leave, or attempted to leave, the facility,
71	67		and the facility or physician to release the person not later than
72	68		the end of the four-hour period unless the facility staff or
73	69		physician arranges for a peace officer to take the person into
74	70		custody under Section 573.001 or an order of protective custody is
75	71		issued.
76	72		(e) Detention of a person under a policy adopted and
77	73		implemented by a facility under this section is not considered
78	74		involuntary psychiatric hospitalization for purposes of Section
79	75		411.172(e), Government Code.
80	76		(f) A physician, person, or facility that detains or does
81	77		not detain a person under a policy adopted and implemented by a
82	78		facility under this section and that acts in good faith and without
83	79		malice is not civilly or criminally liable for that action.
84	80		(g) A facility is not civilly or criminally liable for its
85	81		governing body's decision to adopt or not to adopt a policy under
86	82		this section.
87	83		SECTION 4. This Act takes effect September 1, 2015.
	84	+	______________________________ ______________________________
	85	+	President of the Senate Speaker of the House
	86	+	I hereby certify that S.B. No. 359 passed the Senate on
	87	+	April 9, 2015, by the following vote: Yeas 28, Nays 3; and that
	88	+	the Senate concurred in House amendment on May 19, 2015, by the
	89	+	following vote: Yeas 27, Nays 4.
	90	+	______________________________
	91	+	Secretary of the Senate
	92	+	I hereby certify that S.B. No. 359 passed the House, with
	93	+	amendment, on May 13, 2015, by the following vote: Yeas 128,
	94	+	Nays 12, two present not voting.
	95	+	______________________________
	96	+	Chief Clerk of the House
	97	+	Approved:
	98	+	______________________________
	99	+	Date
	100	+	______________________________
	101	+	Governor