Texas 2019 - 86th Regular

Texas House Bill HB3190 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R13183 EAS-F
2	2	By: Hinojosa H.B. No. 3190
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of psychoactive medication to
8	8	certain patients.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 574.102, Health and Safety Code, is
11	11	amended to read as follows:
12	12	Sec. 574.102. APPLICABILITY [APPLICATION] OF SUBCHAPTER.
13	13	This subchapter applies to the application of medication to a
14	14	patient subject to a court order for inpatient [mental health]
15	15	services under this chapter, Chapter 841, or Chapter 46B or 46C,
16	16	Code of Criminal Procedure [other law].
17	17	SECTION 2. The heading to Section 574.103, Health and
18	18	Safety Code, is amended to read as follows:
19	19	Sec. 574.103. ADMINISTRATION OF MEDICATION TO PATIENT UNDER
20	20	COURT-ORDERED INPATIENT [MENTAL HEALTH] SERVICES.
21	21	SECTION 3. Section 574.103(b), Health and Safety Code, is
22	22	amended to read as follows:
23	23	(b) A person may not administer a psychoactive medication to
24	24	a patient under court-ordered inpatient [mental health] services
25	25	who refuses to take the medication voluntarily unless:
26	26	(1) the patient is having a medication-related
27	27	emergency;
28	28	(2) the patient is under an order issued under Section
29	29	574.106 authorizing the administration of the medication
30	30	regardless of the patient's refusal; or
31	31	(3) the patient is a ward who is 18 years of age or
32	32	older and the guardian of the person of the ward consents to the
33	33	administration of psychoactive medication regardless of the ward's
34	34	expressed preferences regarding treatment with psychoactive
35	35	medication.
36	36	SECTION 4. Sections 574.104(a) and (b), Health and Safety
37	37	Code, are amended to read as follows:
38	38	(a) A physician who is treating a patient may, on behalf of
39	39	the state, file an application in a probate court or a court with
40	40	probate jurisdiction for an order to authorize the administration
41	41	of a psychoactive medication regardless of the patient's refusal
42	42	if:
43	43	(1) the physician believes that the patient lacks the
44	44	capacity to make a decision regarding the administration of the
45	45	psychoactive medication;
46	46	(2) the physician determines that the medication is
47	47	the proper course of treatment for the patient;
48	48	(3) the patient is under an order for inpatient
49	49	[mental health] services under this chapter, Chapter 841, or
50	50	Chapter 46B or 46C, Code of Criminal Procedure, [other law] or an
51	51	application for court-ordered mental health services under Section
52	52	574.034 or 574.035 has been filed for the patient; and
53	53	(4) the patient, verbally or by other indication,
54	54	refuses to take the medication voluntarily.
55	55	(b) An application filed under this section must state:
56	56	(1) that the physician believes that the patient lacks
57	57	the capacity to make a decision regarding administration of the
58	58	psychoactive medication and the reasons for that belief;
59	59	(2) each medication the physician wants the court to
60	60	compel the patient to take;
61	61	(3) whether an application for court-ordered mental
62	62	health services under Section 574.034 or 574.035 has been filed;
63	63	(4) whether a court order for inpatient [mental
64	64	health] services for the patient has been issued and, if so, under
65	65	what authority it was issued;
66	66	(5) the physician's diagnosis of the patient; and
67	67	(6) the proposed method for administering the
68	68	medication and, if the method is not customary, an explanation
69	69	justifying the departure from the customary methods.
70	70	SECTION 5. Sections 574.106(a) and (a-1), Health and Safety
71	71	Code, are amended to read as follows:
72	72	(a) The court may issue an order authorizing the
73	73	administration of one or more classes of psychoactive medication to
74	74	a patient who:
75	75	(1) is under a court order to receive inpatient
76	76	[mental health] services; or
77	77	(2) is in custody awaiting trial in a criminal
78	78	proceeding and was ordered to receive inpatient [mental health]
79	79	services in the six months preceding a hearing under this section.
80	80	(a-1) The court may issue an order under this section only
81	81	if the court finds by clear and convincing evidence after the
82	82	hearing:
83	83	(1) that the patient lacks the capacity to make a
84	84	decision regarding the administration of the proposed medication
85	85	and treatment with the proposed medication is in the best interest
86	86	of the patient; or
87	87	(2) if the patient was ordered to receive inpatient
88	88	[mental health] services by a criminal court with jurisdiction over
89	89	the patient, that treatment with the proposed medication is in the
90	90	best interest of the patient and either:
91	91	(A) the patient presents a danger to the patient
92	92	or others in the inpatient [mental health] facility in which the
93	93	patient is being treated as a result of a mental illness or
94	94	intellectual disability [disorder or mental defect] as determined
95	95	under Section 574.1065; or
96	96	(B) the patient:
97	97	(i) has remained confined in a correctional
98	98	facility, as defined by Section 1.07, Penal Code, for a period
99	99	exceeding 72 hours while awaiting transfer for competency
100	100	restoration treatment; and
101	101	(ii) presents a danger to the patient or
102	102	others in the correctional facility as a result of a mental illness
103	103	or intellectual disability [disorder or mental defect] as
104	104	determined under Section 574.1065.
105	105	SECTION 6. Section 574.1065, Health and Safety Code, is
106	106	amended to read as follows:
107	107	Sec. 574.1065. FINDING THAT PATIENT PRESENTS A DANGER. In
108	108	making a finding under Section 574.106(a-1)(2) that, as a result of
109	109	a mental illness or intellectual disability [disorder or mental
110	110	defect], the patient presents a danger to the patient or others in
111	111	the inpatient [mental health] facility in which the patient is
112	112	being treated or in the correctional facility, as applicable, the
113	113	court shall consider:
114	114	(1) an assessment of the patient's present mental
115	115	condition;
116	116	(2) whether the patient has inflicted, attempted to
117	117	inflict, or made a serious threat of inflicting substantial
118	118	physical harm to the patient's self or to another while in the
119	119	facility; and
120	120	(3) whether the patient, in the six months preceding
121	121	the date the patient was placed in the facility, has inflicted,
122	122	attempted to inflict, or made a serious threat of inflicting
123	123	substantial physical harm to another that resulted in the patient
124	124	being placed in the facility.
125	125	SECTION 7. Section 574.107, Health and Safety Code, is
126	126	amended to read as follows:
127	127	Sec. 574.107. COSTS. (a) The costs for a hearing under
128	128	this subchapter for a patient committed under this chapter shall be
129	129	paid in accordance with Sections 571.017 and 571.018.
130	130	(b) The county in which the applicable criminal charges are
131	131	pending or were adjudicated shall pay as provided by Subsection (a)
132	132	the costs of a hearing that is held under Section 574.106 to
133	133	evaluate the court-ordered administration of psychoactive
134	134	medication to:
135	135	(1) a patient ordered to receive inpatient [mental
136	136	health] services as described by Section 574.106(a)(1) after having
137	137	been determined to be incompetent to stand trial or having been
138	138	acquitted of an offense by reason of insanity; or
139	139	(2) a patient who:
140	140	(A) is awaiting trial after having been
141	141	determined to be competent to stand trial; and
142	142	(B) was ordered to receive inpatient [mental
143	143	health] services as described by Section 574.106(a)(2).
144	144	(c) The costs for a hearing under this subchapter for a
145	145	patient committed under Chapter 841 shall be paid by the county that
146	146	ordered the commitment in accordance with that chapter.
147	147	SECTION 8. Section 574.110, Health and Safety Code, is
148	148	amended by amending Subsection (a) and adding Subsection (c) to
149	149	read as follows:
150	150	(a) Except as provided by Subsections [Subsection] (b) and
151	151	(c), an order issued under Section 574.106 expires on the
152	152	expiration or termination date of the order for inpatient
153	153	[temporary or extended mental health] services in effect when the
154	154	order for psychoactive medication is issued.
155	155	(c) An order issued under Section 574.106 for a patient
156	156	committed under Chapter 841 continues to be in effect until the
157	157	180th day after the date the person is released to the sex offender
158	158	treatment program.
159	159	SECTION 9. This Act takes effect immediately if it receives
160	160	a vote of two-thirds of all the members elected to each house, as
161	161	provided by Section 39, Article III, Texas Constitution. If this
162	162	Act does not receive the vote necessary for immediate effect, this
163	163	Act takes effect September 1, 2019.