Texas 2019 - 86th Regular

Texas House Bill HB3536 Compare Versions

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

Old	New	Differences
1	1	86R10684 EAS-F
2	2	By: Rose H.B. No. 3536
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the admission, examination, and discharge of a person
8	8	for voluntary mental health services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 572.0025, Health and Safety Code, is
11	11	amended by amending Subsections (f) and (g) and adding Subsection
12	12	(f-1) to read as follows:
13	13	(f) A prospective voluntary patient may not be formally
14	14	accepted for treatment in a facility unless:
15	15	(1) the facility has a physician's order admitting the
16	16	prospective patient, which order may be issued orally,
17	17	electronically, or in writing, signed by the physician, provided
18	18	that, in the case of an oral order or an electronically transmitted
19	19	unsigned order, a signed original is presented to the mental health
20	20	facility within 24 hours of the initial order; the order must be
21	21	from:
22	22	(A) an admitting physician who has, either in
23	23	person or through the use of audiovisual or other
24	24	telecommunications technology, conducted a physical and
25	25	psychiatric examination within:
26	26	(i) 72 hours before [of the] admission; or
27	27	(ii) 24 hours after admission; or
28	28	(B) an admitting physician who has consulted with
29	29	a physician who has, either in person or through the use of
30	30	audiovisual or other telecommunications technology, conducted an
31	31	examination within:
32	32	(i) 72 hours before [of the] admission; or
33	33	(ii) 24 hours after admission; and
34	34	(2) the facility administrator or a person designated
35	35	by the administrator has agreed to accept the prospective patient
36	36	and has signed a statement to that effect.
37	37	(f-1) A person who is admitted to a facility before the
38	38	performance of the physical and psychiatric examination required by
39	39	Subsection (f) must be discharged by the physician if the physician
40	40	conducting the physical and psychiatric examination determines the
41	41	person does not meet the clinical standards to receive inpatient
42	42	mental health services.
43	43	(g) An assessment conducted as required by rules adopted
44	44	under this section does not satisfy a statutory or regulatory
45	45	requirement for a personal evaluation of a patient or a prospective
46	46	patient by a physician [before admission].
47	47	SECTION 2. This Act takes effect September 1, 2019.