Texas 2019 - 86th Regular

Texas Senate Bill SB1238 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1238
	1	+	By: Johnson S.B. No. 1238
	2	+	(Rose)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the admission, examination, and discharge of a person
6		-	for mental health services.
	8	+	for voluntary mental health services.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8		-	SECTION 1. Subtitle A, Title 2, Family Code, is amended by
9		-	adding Chapter 35A to read as follows:
10		-	CHAPTER 35A. TEMPORARY AUTHORIZATION FOR INPATIENT MENTAL HEALTH
11		-	SERVICES FOR MINOR CHILD
12		-	Sec. 35A.001. APPLICABILITY. This chapter applies to a
13		-	person whose relationship to a child would make the person eligible
14		-	to consent to treatment under Section 32.001(a)(1), (2), or (3),
15		-	and who has had actual care, custody, and control of the child for
16		-	the six months preceding the filing of a petition under this
17		-	chapter.
18		-	Sec. 35A.002. TEMPORARY AUTHORIZATION. A person described
19		-	by Section 35A.001 may seek a court order for temporary
20		-	authorization to consent to voluntary inpatient mental health
21		-	services for a child by filing a petition in the district court in
22		-	the county in which the person resides.
23		-	Sec. 35A.003. PETITION FOR TEMPORARY AUTHORIZATION. A
24		-	petition for temporary authorization to consent to voluntary
25		-	inpatient mental health services for a child must:
26		-	(1) be styled "ex parte" and be in the name of the
27		-	child;
28		-	(2) be verified by the petitioner;
29		-	(3) state:
30		-	(A) the name, date of birth, and current physical
31		-	address of the child;
32		-	(B) the name, date of birth, and current physical
33		-	address of the petitioner; and
34		-	(C) the name and, if known, the current physical
35		-	and mailing addresses of the child's parents, conservators, or
36		-	guardians;
37		-	(4) describe the status and location of any court
38		-	proceeding in this or another state with respect to the child;
39		-	(5) describe the petitioner's relationship to the
40		-	child;
41		-	(6) provide the dates during the preceding six months
42		-	that the child has resided with the petitioner;
43		-	(7) contain a certificate of medical examination for
44		-	mental illness prepared by a physician who has examined the child
45		-	not earlier than the third day before the date the petition is filed
46		-	and be accompanied by a sworn statement containing the physician's
47		-	opinion, and the detailed reasons for that opinion, that the child
48		-	is a person:
49		-	(A) with mental illness or who demonstrates
50		-	symptoms of a serious emotional disorder; and
51		-	(B) who presents a risk of serious harm to self or
52		-	others if not immediately restrained or hospitalized; and
53		-	(8) state any reason that the petitioner is unable to
54		-	obtain signed, written documentation from a parent, conservator, or
55		-	guardian of the child.
56		-	Sec. 35A.004. NOTICE; HEARING. (a) On receipt of the
57		-	petition, the court shall set a hearing.
58		-	(b) A copy of the petition and notice of the hearing shall be
59		-	delivered to the parent, conservator, or guardian of the child by
60		-	personal service or by certified mail, return receipt requested, at
61		-	the last known address of the parent, conservator, or guardian.
62		-	Sec. 35A.005. ORDER FOR TEMPORARY AUTHORIZATION. (a) At
63		-	the hearing on the petition, the court may hear evidence relating to
64		-	the child's need for inpatient mental health services by the
65		-	petitioner, any other matter raised in the petition, and any
66		-	objection or other testimony of the child's parent, conservator, or
67		-	guardian.
68		-	(b) The court shall dismiss the petition for temporary
69		-	authorization if an objection is made by the child's parent,
70		-	conservator, or guardian.
71		-	(c) The court shall grant the petition for temporary
72		-	authorization only if the court finds:
73		-	(1) by a preponderance of the evidence that the child
74		-	does not have available a parent, conservator, guardian, or other
75		-	legal representative to give consent under Section 572.001, Health
76		-	and Safety Code, for voluntary inpatient mental health services;
77		-	and
78		-	(2) by clear and convincing evidence that the child is
79		-	a person:
80		-	(A) with mental illness or who demonstrates
81		-	symptoms of a serious emotional disorder; and
82		-	(B) who presents a risk of serious harm to self or
83		-	others if not immediately restrained or hospitalized.
84		-	(d) Subject to Subsection (e), the order granting temporary
85		-	authorization under this chapter expires on the earliest of:
86		-	(1) the date the petitioner requests that the child be
87		-	discharged from the inpatient mental health facility;
88		-	(2) the date a physician determines that the criteria
89		-	listed in Subsection (c)(2) no longer apply to the child; or
90		-	(3) subject to Subsection (e), the 10th day after the
91		-	date the order for temporary authorization is issued under this
92		-	section.
93		-	(e) The order granting temporary authorization continues in
94		-	effect until the earlier occurrence of an event described by
95		-	Subsection (d)(1) or (2) if the petitioner obtains an order for
96		-	temporary managing conservatorship before the order expires as
97		-	provided by Subsection (d)(3).
98		-	(f) A copy of an order granting temporary authorization
99		-	must:
100		-	(1) be filed under the cause number in any court that
101		-	has rendered a conservatorship or guardian order regarding the
102		-	child; and
103		-	(2) be sent to the last known address of the child's
104		-	parent, conservator, or guardian.
105		-	SECTION 2. Section 572.001, Health and Safety Code, is
106		-	amended by amending Subsections (a), (a-1), and (c-1) and adding
107		-	Subsection (a-2) to read as follows:
108		-	(a) A person 16 years of age or older may request admission
109		-	to an inpatient mental health facility or for outpatient mental
110		-	health services by filing a request with the administrator of the
111		-	facility where admission or outpatient treatment is requested.
112		-	Subject to Subsection (c-1), the [The] parent, managing
113		-	conservator, or guardian of a person younger than 18 years of age
114		-	may request the admission of the person to an inpatient mental
115		-	health facility or for outpatient mental health services by filing
116		-	a request with the administrator of the facility where admission or
117		-	outpatient treatment is requested.
118		-	(a-1) A person eligible to consent to treatment for the
119		-	person under Section 32.001(a)(1), (2), or (3), Family Code, may
120		-	request temporary authorization for the admission of the person to
121		-	an inpatient mental health facility by petitioning under Chapter
122		-	35A, Family Code, in the district court in the county in which the
123		-	person resides for an order for temporary authorization to consent
124		-	to voluntary mental health services under this section. The
125		-	petitioner for temporary authorization may be represented by the
126		-	county attorney or district attorney.
127		-	(a-2) Except as provided by Subsection (c-1) [(c)], an
128		-	inpatient mental health facility may admit or provide services to a
129		-	person 16 years of age or older and younger than 18 years of age if
130		-	the person's parent, managing conservator, or guardian consents to
131		-	the admission or services, even if the person does not consent to
132		-	the admission or services.
133		-	(c-1) A person younger than 18 years of age may not be
134		-	involuntarily committed unless provided by this chapter, Chapter
135		-	55, Family Code, [other state law,] or department rule.
136		-	SECTION 3. Section 572.0025, Health and Safety Code, is
	10	+	SECTION 1. Section 572.0025, Health and Safety Code, is
137	11		amended by amending Subsections (f) and (g) and adding Subsections
138	12		(f-1), (f-2), and (f-3) to read as follows:
139	13		(f) A prospective voluntary patient may not be formally
140	14		accepted for treatment in a facility unless:
141	15		(1) the facility has a physician's order admitting the
142	16		prospective patient, which order may be issued orally,
143	17		electronically, or in writing, signed by the physician, provided
144	18		that, in the case of an oral order or an electronically transmitted
145	19		unsigned order, a signed original is presented to the mental health
146	20		facility within 24 hours of the initial order; the order must be
147	21		from:
148	22		(A) an admitting physician who has, either in
149	23		person or through the use of audiovisual or other
150	24		telecommunications technology, conducted a physical and
151	25		psychiatric examination within:
152	26		(i) 72 hours before [of the] admission; or
153	27		(ii) 24 hours after admission; or
154	28		(B) an admitting physician who has consulted with
155	29		a physician who has, either in person or through the use of
156	30		audiovisual or other telecommunications technology, conducted an
157	31		examination within:
158	32		(i) 72 hours before [of the] admission; or
159	33		(ii) 24 hours after admission; and
160	34		(2) the facility administrator or a person designated
161	35		by the administrator has agreed to accept the prospective patient
162	36		and has signed a statement to that effect.
163	37		(f-1) A person who is admitted to a facility before the
164	38		performance of the physical and psychiatric examination required by
165	39		Subsection (f) must be discharged by the physician immediately if
166	40		the physician conducting the physical and psychiatric examination
167	41		determines the person does not meet the clinical standards to
168	42		receive inpatient mental health services.
169	43		(f-2) A facility that discharges a patient under the
170	44		circumstances described by Subsection (f-1) may not bill the
171	45		patient or the patient's third-party payor for the temporary
172	46		admission of the patient to the inpatient mental health facility.
173		-	(f-3) Section 572.001(c-2) applies to the admission of a
174		-	minor in the managing conservatorship of the Department of Family
175		-	and Protective Services to an inpatient mental health facility.
	47	+	(f-3) Sections 572.001(c) and (c-2) apply to the admission
	48	+	of a minor in the managing conservatorship of the Department of
	49	+	Family and Protective Services to an inpatient mental health
	50	+	facility.
176	51		(g) An assessment conducted as required by rules adopted
177	52		under this section does not satisfy a statutory or regulatory
178	53		requirement for a personal evaluation of a patient or a prospective
179	54		patient by a physician [before admission].
180		-	SECTION 4. Section 573.001(a), Health and Safety Code, is
181		-	amended to read as follows:
182		-	(a) A peace officer, without a warrant, may take a person
183		-	into custody, regardless of the age of the person, if the officer:
184		-	(1) has reason to believe and does believe that:
185		-	(A) the person is a person with mental illness;
186		-	and
187		-	(B) because of that mental illness there is a
188		-	substantial risk of serious harm to the person or to others unless
189		-	the person is immediately restrained; and
190		-	(2) believes that there is not sufficient time to
191		-	obtain a warrant before taking the person into custody.
192		-	SECTION 5. This Act takes effect September 1, 2019.
193		-	______________________________ ______________________________
194		-	President of the Senate Speaker of the House
195		-	I hereby certify that S.B. No. 1238 passed the Senate on
196		-	April 16, 2019, by the following vote: Yeas 31, Nays 0; and that
197		-	the Senate concurred in House amendments on May 23, 2019, by the
198		-	following vote: Yeas 31, Nays 0.
199		-	______________________________
200		-	Secretary of the Senate
201		-	I hereby certify that S.B. No. 1238 passed the House, with
202		-	amendments, on May 21, 2019, by the following vote: Yeas 107,
203		-	Nays 40, one present not voting.
204		-	______________________________
205		-	Chief Clerk of the House
206		-	Approved:
207		-	______________________________
208		-	Date
209		-	______________________________
210		-	Governor
	55	+	SECTION 2. This Act takes effect September 1, 2019.