Texas 2021 - 87th Regular

Texas House Bill HB3655

Caption

Relating to the authority of certain facilities to temporarily detain a person with mental illness.

Impact

If enacted, HB3655 will amend the Health and Safety Code by allowing specific types of facilities— including mental health facilities, hospitals, and freestanding emergency medical care facilities— to detain individuals for a maximum of 48 hours without a judge's or magistrate's order. This reactionary measure seeks to address situations where immediate intervention is necessary to prevent harm, thereby streamlining the process for mental health professionals and ensuring that individuals in crisis can receive timely evaluations and treatments.

Summary

House Bill 3655 focuses on the authority of certain medical facilities to temporarily detain individuals who may be experiencing mental health crises. The bill introduces provisions that allow licensed medical professionals, such as doctors and nurses, to detain individuals temporarily if they believe the person poses a substantial risk of serious harm to themselves or others due to a mental illness. This legislation is aimed at enhancing the ability of healthcare facilities to act in emergencies without requiring a prior court order, which can often cause delays in treatment and intervention.

Conclusion

Ultimately, HB3655 represents a significant shift in how mental health crises are managed in Texas. By empowering facilities to act quickly in detaining individuals, it aims to improve public safety and facilitate appropriate mental health interventions. However, it remains essential for lawmakers to consider the balance between timely care and the protection of individual rights to ensure the responsible implementation of such powers.

Contention

Despite its potential benefits, the bill has sparked debates regarding the implications for civil liberties and the proper role of medical professionals in the detainment of individuals. Advocates argue that it is crucial for preventing harm and saving lives during crucial moments, while critics may raise concerns over the potential for misuse of such powers and the need for oversight mechanisms to ensure that individuals' rights are not infringed upon. There are also apprehensions about how the criteria for detaining an individual will be defined and enforced, suggesting that lack of proper guidelines could lead to arbitrary decision-making.

Companion Bills

No companion bills found.

Previously Filed As

TX SB2287

Relating to the authority of a peace officer to apprehend a person for emergency detention and the authority of certain facilities and physicians to temporarily detain a person with mental illness.

TX HB5210

Relating to the authority of a peace officer to apprehend a person for emergency detention and the authority of certain facilities and professionals to temporarily detain a person with mental illness.

TX HB3904

Relating to emergency detention by a physician of certain persons with mental illness for preliminary examination at a facility.

TX HB3986

Relating to the authority of a peace officer to apprehend a person for emergency detention and the authority of certain facilities and physicians to temporarily detain a person with mental illness.

TX HB466

Relating to the requirements for and compilation of certain emergency mental health detention records.

TX HB5088

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

TX SB2479

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

TX SB1433

Relating to procedures for the emergency detention of certain persons with mental illness.

TX SB1624

Relating to guardianships and services for incapacitated persons and to the emergency detention of certain persons with mental illness.

TX SB1585

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

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