86R13183 EAS-F
By: Hinojosa H.B. No. 3190
A BILL TO BE ENTITLED
AN ACT
relating to the administration of psychoactive medication to
certain patients.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 574.102, Health and Safety Code, is
amended to read as follows:
Sec. 574.102. APPLICABILITY [APPLICATION] OF SUBCHAPTER.
This subchapter applies to the application of medication to a
patient subject to a court order for inpatient [mental health]
services under this chapter, Chapter 841, or Chapter 46B or 46C,
Code of Criminal Procedure [other law].
SECTION 2. The heading to Section 574.103, Health and
Safety Code, is amended to read as follows:
Sec. 574.103. ADMINISTRATION OF MEDICATION TO PATIENT UNDER
COURT-ORDERED INPATIENT [MENTAL HEALTH] SERVICES.
SECTION 3. Section 574.103(b), Health and Safety Code, is
amended to read as follows:
(b) A person may not administer a psychoactive medication to
a patient under court-ordered inpatient [mental health] services
who refuses to take the medication voluntarily unless:
(1) the patient is having a medication-related
emergency;
(2) the patient is under an order issued under Section
574.106 authorizing the administration of the medication
regardless of the patient's refusal; or
(3) the patient is a ward who is 18 years of age or
older and the guardian of the person of the ward consents to the
administration of psychoactive medication regardless of the ward's
expressed preferences regarding treatment with psychoactive
medication.
SECTION 4. Sections 574.104(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A physician who is treating a patient may, on behalf of
the state, file an application in a probate court or a court with
probate jurisdiction for an order to authorize the administration
of a psychoactive medication regardless of the patient's refusal
if:
(1) the physician believes that the patient lacks the
capacity to make a decision regarding the administration of the
psychoactive medication;
(2) the physician determines that the medication is
the proper course of treatment for the patient;
(3) the patient is under an order for inpatient
[mental health] services under this chapter, Chapter 841, or
Chapter 46B or 46C, Code of Criminal Procedure, [other law] or an
application for court-ordered mental health services under Section
574.034 or 574.035 has been filed for the patient; and
(4) the patient, verbally or by other indication,
refuses to take the medication voluntarily.
(b) An application filed under this section must state:
(1) that the physician believes that the patient lacks
the capacity to make a decision regarding administration of the
psychoactive medication and the reasons for that belief;
(2) each medication the physician wants the court to
compel the patient to take;
(3) whether an application for court-ordered mental
health services under Section 574.034 or 574.035 has been filed;
(4) whether a court order for inpatient [mental
health] services for the patient has been issued and, if so, under
what authority it was issued;
(5) the physician's diagnosis of the patient; and
(6) the proposed method for administering the
medication and, if the method is not customary, an explanation
justifying the departure from the customary methods.
SECTION 5. Sections 574.106(a) and (a-1), Health and Safety
Code, are amended to read as follows:
(a) The court may issue an order authorizing the
administration of one or more classes of psychoactive medication to
a patient who:
(1) is under a court order to receive inpatient
[mental health] services; or
(2) is in custody awaiting trial in a criminal
proceeding and was ordered to receive inpatient [mental health]
services in the six months preceding a hearing under this section.
(a-1) The court may issue an order under this section only
if the court finds by clear and convincing evidence after the
hearing:
(1) that the patient lacks the capacity to make a
decision regarding the administration of the proposed medication
and treatment with the proposed medication is in the best interest
of the patient; or
(2) if the patient was ordered to receive inpatient
[mental health] services by a criminal court with jurisdiction over
the patient, that treatment with the proposed medication is in the
best interest of the patient and either:
(A) the patient presents a danger to the patient
or others in the inpatient [mental health] facility in which the
patient is being treated as a result of a mental illness or
intellectual disability [disorder or mental defect] as determined
under Section 574.1065; or
(B) the patient:
(i) has remained confined in a correctional
facility, as defined by Section 1.07, Penal Code, for a period
exceeding 72 hours while awaiting transfer for competency
restoration treatment; and
(ii) presents a danger to the patient or
others in the correctional facility as a result of a mental illness
or intellectual disability [disorder or mental defect] as
determined under Section 574.1065.
SECTION 6. Section 574.1065, Health and Safety Code, is
amended to read as follows:
Sec. 574.1065. FINDING THAT PATIENT PRESENTS A DANGER. In
making a finding under Section 574.106(a-1)(2) that, as a result of
a mental illness or intellectual disability [disorder or mental
defect], the patient presents a danger to the patient or others in
the inpatient [mental health] facility in which the patient is
being treated or in the correctional facility, as applicable, the
court shall consider:
(1) an assessment of the patient's present mental
condition;
(2) whether the patient has inflicted, attempted to
inflict, or made a serious threat of inflicting substantial
physical harm to the patient's self or to another while in the
facility; and
(3) whether the patient, in the six months preceding
the date the patient was placed in the facility, has inflicted,
attempted to inflict, or made a serious threat of inflicting
substantial physical harm to another that resulted in the patient
being placed in the facility.
SECTION 7. Section 574.107, Health and Safety Code, is
amended to read as follows:
Sec. 574.107. COSTS. (a) The costs for a hearing under
this subchapter for a patient committed under this chapter shall be
paid in accordance with Sections 571.017 and 571.018.
(b) The county in which the applicable criminal charges are
pending or were adjudicated shall pay as provided by Subsection (a)
the costs of a hearing that is held under Section 574.106 to
evaluate the court-ordered administration of psychoactive
medication to:
(1) a patient ordered to receive inpatient [mental
health] services as described by Section 574.106(a)(1) after having
been determined to be incompetent to stand trial or having been
acquitted of an offense by reason of insanity; or
(2) a patient who:
(A) is awaiting trial after having been
determined to be competent to stand trial; and
(B) was ordered to receive inpatient [mental
health] services as described by Section 574.106(a)(2).
(c) The costs for a hearing under this subchapter for a
patient committed under Chapter 841 shall be paid by the county that
ordered the commitment in accordance with that chapter.
SECTION 8. Section 574.110, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Except as provided by Subsections [Subsection] (b) and
(c), an order issued under Section 574.106 expires on the
expiration or termination date of the order for inpatient
[temporary or extended mental health] services in effect when the
order for psychoactive medication is issued.
(c) An order issued under Section 574.106 for a patient
committed under Chapter 841 continues to be in effect until the
180th day after the date the person is released to the sex offender
treatment program.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.