Texas 2019 - 86th Regular

Texas Senate Bill SB362

Caption

Relating to court-ordered mental health services.

Impact

The implications of SB362 on state laws are notably significant, particularly in how mental health services are regulated and accessed through the judicial system. By delineating the conditions under which a judge can mandate treatment, the bill aims to streamline the process for individuals who require immediate intervention while also ensuring that the legal rights of patients are upheld. It emphasizes the need for expert testimony and clear evidence of a patient’s condition before treatment can be ordered, thereby establishing a balance between necessary care and legal protections.

Summary

SB362 is a legislative act that centers on the provision of court-ordered mental health services in Texas. The bill modifies various sections of the Civil Practice and Remedies Code and the Health and Safety Code to establish clearer protocols for how judges can order mental health treatment, both inpatient and outpatient, for individuals identified as having severe and persistent mental illness. This law aims to enhance the judicial process concerning mental health care, specifically by providing structured guidelines for mental health assessments, treatment periods, and the responsibilities of healthcare providers in compliance with court orders.

Sentiment

The sentiment around SB362 appears to be largely supportive among mental health advocates and legal professionals, who see the bill as a positive step toward addressing the complexities of treating mental health issues through the legal system. However, there may also be apprehension regarding the potential overreach of court orders in personal healthcare decisions, which could be contingent on the interpretation of the legal criteria set forth in the bill. As such, discussions surrounding the bill reflect a desire to improve mental health outcomes while safeguarding individual rights.

Contention

Notable points of contention related to SB362 revolve around the balance between judicial authority and individual rights. Critics suggest that while the bill provides a pathway for necessary mental health treatment, the reliance on legal systems may lead to invasive measures against individuals who might not wish to receive treatment. The bill includes stipulations against issuing orders for those charged with violent crimes, raising questions about whether these provisions adequately protect at-risk populations while ensuring public safety needs are met. Overall, the discourse indicates a strong need to evaluate how legislation addressing mental health intersects with personal autonomy.

Companion Bills

TX HB3892

Same As Relating to court-ordered mental health services.

Similar Bills

TX HB1824

Relating to the continuity of services received by individuals receiving services at state hospitals and state supported living centers, the establishment of a pilot program to provide behavioral health or psychiatric services to certain residential care facility residents, and court orders for psychoactive medication for certain patients.

TX HB5465

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual or developmental disability.

TX SB2213

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual or developmental disability.

TX HB2037

Relating to certain proceedings in juvenile court for children with mental illness and intellectual disabilities.

TX HB1359

Relating to certain proceedings in juvenile court for children with mental illness and intellectual disabilities.

TX SB1585

Relating to certain proceedings in juvenile court for children with mental illness and intellectual disabilities.