| 1 | 1 | | 86R6241 JG-D |
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| 2 | 2 | | By: Murr H.B. No. 4119 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the administration of psychoactive medication to |
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| 8 | 8 | | certain persons in the custody of a crisis stabilization unit. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 574, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 574.029 to read as follows: |
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| 12 | 12 | | Sec. 574.029. ADMINISTRATION OF PSYCHOACTIVE MEDICATION TO |
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| 13 | 13 | | CERTAIN PERSONS IN CUSTODY OF CRISIS STABILIZATION UNIT. (a) In |
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| 14 | 14 | | this section: |
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| 15 | 15 | | (1) "Medication-related emergency" and "psychoactive |
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| 16 | 16 | | medication" have the meanings assigned by Section 574.101. |
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| 17 | 17 | | (2) "Ward" has the meaning assigned by Section |
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| 18 | 18 | | 1002.030, Estates Code. |
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| 19 | 19 | | (b) If a person for whom a motion for court-ordered |
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| 20 | 20 | | inpatient mental health services is granted remains in the custody |
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| 21 | 21 | | of a crisis stabilization unit, as defined by rule by the executive |
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| 22 | 22 | | commissioner, following the expiration of a protective custody |
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| 23 | 23 | | order due to a lack of space at a mental hospital, the crisis |
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| 24 | 24 | | stabilization unit may administer a psychoactive medication to the |
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| 25 | 25 | | person only if the person refuses to take the medication and: |
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| 26 | 26 | | (1) the person is having a medication-related |
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| 27 | 27 | | emergency; |
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| 28 | 28 | | (2) the person is under an order issued under Section |
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| 29 | 29 | | 574.106 authorizing the administration of the medication |
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| 30 | 30 | | regardless of the person's refusal; or |
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| 31 | 31 | | (3) the person is a ward who is 18 years of age or older |
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| 32 | 32 | | and the guardian of the person of the ward consents to the |
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| 33 | 33 | | administration of psychoactive medication regardless of the ward's |
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| 34 | 34 | | expressed preferences regarding treatment with psychoactive |
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| 35 | 35 | | medication. |
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| 36 | 36 | | SECTION 2. Section 574.029, Health and Safety Code, as |
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| 37 | 37 | | added by this Act, applies only to a person for whom a motion for |
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| 38 | 38 | | court-ordered inpatient mental health services is granted on or |
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| 39 | 39 | | after the effective date of this Act. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2019. |
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