Texas 2021 - 87th Regular

Texas House Bill HB3655 Compare Versions

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

Old	New	Differences
1	1	By: White H.B. No. 3655
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authority of certain facilities to temporarily
7	7	detain a person with mental illness.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Subchapter A, Chapter 573, Health
10	10	and Safety Code, is amended to read as follows:
11	11	SUBCHAPTER A. APPREHENSION, [BY PEACE OFFICER OR] TRANSPORTATION,
12	12	OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER [FOR EMERGENCY
13	13	DETENTION BY GUARDIAN]
14	14	SECTION 2. Section 573.0001, Health and Safety Code, is
15	15	amended by adding Subdivision (3) to read as follows:
16	16	(3) "Medical professional" means a licensed doctor,
17	17	nurse, physician assistant, or emergency medical services
18	18	personnel.
19	19	SECTION 3. Subchapter A, Chapter 573, Health and Safety
20	20	Code, is amended by adding Sections 573.006 and 573.007 to read as
21	21	follows:
22	22	Sec. 573.006. EMERGENCY DETENTION BY CERTAIN FACILITIES.
23	23	(a) In this section, "facility" means:
24	24	(1) a mental health facility;
25	25	(2) a hospital, or the emergency department of a
26	26	hospital, licensed under Chapter 241; and
27	27	(3) a freestanding emergency medical care facility
28	28	licensed under Chapter 254.
29	29	(b) This section does not apply to a person who has been
30	30	transported to a facility for emergency detention under this
31	31	chapter.
32	32	(c) A person who voluntarily requested treatment from a
33	33	facility or who lacks the capacity to consent to treatment, as
34	34	provided by this section, may be detained in the facility if:
35	35	(1) the person expresses a desire to leave the
36	36	facility or attempts to leave the facility before the examination
37	37	or treatment is completed; and
38	38	(2) a medical professional at the facility:
39	39	(A) has reason to believe and does believe that:
40	40	(i) the person has a mental illness; and
41	41	(ii) because of that mental illness there
42	42	is a substantial risk of serious harm to the person or to others
43	43	unless the person is immediately restrained; and
44	44	(B) believes that there is not sufficient time to
45	45	file an application for emergency detention or for an order of
46	46	protective custody.
47	47	(d) The facility staff or medical professional shall notify
48	48	the person if the facility intends to detain the person in the
49	49	facility under this section.
50	50	Sec. 573.007. MEDICAL PROFESSIONAL'S NOTIFICATION OF
51	51	DETENTION. (a) A medical professional shall immediately file with
52	52	the facility a notification of detention after making a
53	53	determination under Section 573.006.
54	54	(b) The notification of detention must contain:
55	55	(1) a statement that the medical professional has
56	56	reason to believe and does believe that the person evidences mental
57	57	illness;
58	58	(2) a statement that the medical professional has
59	59	reason to believe and does believe that the person evidences a
60	60	substantial risk of serious harm to the person or others;
61	61	(3) a specific description of the risk of harm;
62	62	(4) a statement that the medical professional has
63	63	reason to believe and does believe that the risk of harm is imminent
64	64	unless the person is immediately restrained;
65	65	(5) a statement that the medical professional's
66	66	beliefs are derived from specific recent behavior, overt acts,
67	67	attempts, or threats that were observed by or reliably reported to
68	68	the medical professional;
69	69	(6) a detailed description of the specific behavior,
70	70	acts, attempts, or threats; and
71	71	(7) the name and relationship to the detained person
72	72	of any person who reported or observed the behavior, acts,
73	73	attempts, or threats.
74	74	(c) The facility where the person is detained shall include
75	75	in the detained person's clinical file the notification of
76	76	detention described by this section.
77	77	(d) The medical professional shall provide the notification
78	78	of detention in the facility on the following form:
79	79	Notification--Emergency DetentionNO. _______________
80	80	DATE:__________________ TIME:_______________
81	81	THE STATE OF TEXAS
82	82	FOR THE BEST INTEREST AND PROTECTION OF:
83	83	______________________________________
84	84	NOTIFICATION OF EMERGENCY DETENTION
85	85	Now comes _____________________, a medical professional with (name
86	86	of facility) ______________________________________, in the State
87	87	of Texas, and states as follows:
88	88	1. I have reason to believe and do believe that (name of person to
89	89	be detained) __________________________ evidences mental illness.
90	90	2. I have reason to believe and do believe that the above-named
91	91	person evidences a substantial risk of serious harm to
92	92	himself/herself or others based upon the following:
93	93	________________________________________________________________
94	94	________________________________________________________________
95	95	________________________________________________________________
96	96	________________________________________________________________
97	97	3. I have reason to believe and do believe that the above risk of
98	98	harm is imminent unless the above-named person is immediately
99	99	restrained.
100	100	4. My beliefs are based upon the following recent behavior, overt
101	101	acts, attempts, statements, or threats observed by me or reliably
102	102	reported to me:
103	103	________________________________________________________________
104	104	________________________________________________________________
105	105	________________________________________________________________
106	106	________________________________________________________________
107	107	5. The names, addresses, and relationship to the above-named
108	108	person of those persons who reported or observed recent behavior,
109	109	acts, attempts, statements, or threats of the above-named person
110	110	are (if applicable):
111	111	________________________________________________________________
112	112	________________________________________________________________
113	113	________________________________________________________________
114	114	________________________________________________________________
115	115	For the above reasons, I present this notification to seek
116	116	temporary admission to (name of facility)
117	117	___________________________ for the detention of (name of person to
118	118	be detained) _____________________________ on an emergency basis.
119	119	6. Was the person restrained in any way? Yes □ No □
120	120	_________________________
121	121	SIGNATURE OF MEDICAL PROFESSIONAL
122	122	Address: ____________________________ Zip Code: _________________
123	123	Telephone: ________________________
124	124	A facility may not require a medical professional to execute any
125	125	form other than this form as a predicate to accepting for temporary
126	126	admission a person detained in the facility under Section 573.006,
127	127	Health and Safety Code.
128	128	(e) A facility may not require a medical professional to
129	129	execute any form other than the form provided by Subsection (d) as a
130	130	predicate to accepting for temporary admission a person detained in
131	131	the facility under Section 573.006.
132	132	SECTION 4. Subchapter C, Chapter 573, Health and Safety
133	133	Code, is amended by adding Section 573.0215 to read as follows:
134	134	Sec. 573.0215. PRELIMINARY EXAMINATION OF DETAINED PERSON
135	135	FOR WHOM AN APPLICATION IS FILED BY A MEDICAL PROFESSIONAL. (a) A
136	136	facility shall temporarily accept a person for whom an application
137	137	for detention is filed by a medical professional under Section
138	138	573.007.
139	139	(b) A person accepted for a preliminary examination may be
140	140	detained in custody for not longer than 48 hours after the time the
141	141	person is first detained in the facility unless a written order for
142	142	protective custody is obtained. The 48-hour period allowed by this
143	143	section includes any time the patient spends waiting in the
144	144	facility for medical care before the person receives the
145	145	preliminary examination. If the 48-hour period ends on a Saturday,
146	146	Sunday, legal holiday, or before 4 p.m. on the first succeeding
147	147	business day, the person may be detained until 4 p.m. on the first
148	148	succeeding business day. If the 48-hour period ends at a different
149	149	time, the person may be detained only until 4 p.m. on the day the
150	150	48-hour period ends. If extremely hazardous weather conditions
151	151	exist or a disaster occurs, the presiding judge or magistrate may,
152	152	by written order made each day, extend by an additional 24 hours the
153	153	period during which the person may be detained. The written order
154	154	must declare that an emergency exists because of the weather or the
155	155	occurrence of a disaster.
156	156	(c) A physician shall examine the person as soon as possible
157	157	within 12 hours after the time the person is first detained in the
158	158	facility.
159	159	SECTION 5. Section 573.022(b), Health and Safety Code, is
160	160	amended to read as follows:
161	161	(b) A [mental health] facility that has admitted a person
162	162	for emergency detention under this section may transport the person
163	163	to a mental health facility deemed suitable by the local mental
164	164	health authority for the area. On the request of the local mental
165	165	health authority, the judge may order that the proposed patient be
166	166	detained in a department mental health facility.
167	167	SECTION 6. This Act takes effect September 1, 2021.