By: White H.B. No. 3655
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain facilities to temporarily
detain a person with mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A, Chapter 573, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER A. APPREHENSION, [BY PEACE OFFICER OR] TRANSPORTATION,
OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER [FOR EMERGENCY
DETENTION BY GUARDIAN]
SECTION 2. Section 573.0001, Health and Safety Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Medical professional" means a licensed doctor,
nurse, physician assistant, or emergency medical services
personnel.
SECTION 3. Subchapter A, Chapter 573, Health and Safety
Code, is amended by adding Sections 573.006 and 573.007 to read as
follows:
Sec. 573.006. EMERGENCY DETENTION BY CERTAIN FACILITIES.
(a) In this section, "facility" means:
(1) a mental health facility;
(2) a hospital, or the emergency department of a
hospital, licensed under Chapter 241; and
(3) a freestanding emergency medical care facility
licensed under Chapter 254.
(b) This section does not apply to a person who has been
transported to a facility for emergency detention under this
chapter.
(c) A person who voluntarily requested treatment from a
facility or who lacks the capacity to consent to treatment, as
provided by this section, may be detained in the facility if:
(1) the person expresses a desire to leave the
facility or attempts to leave the facility before the examination
or treatment is completed; and
(2) a medical professional at the facility:
(A) has reason to believe and does believe that:
(i) the person has a mental illness; and
(ii) because of that mental illness there
is a substantial risk of serious harm to the person or to others
unless the person is immediately restrained; and
(B) believes that there is not sufficient time to
file an application for emergency detention or for an order of
protective custody.
(d) The facility staff or medical professional shall notify
the person if the facility intends to detain the person in the
facility under this section.
Sec. 573.007. MEDICAL PROFESSIONAL'S NOTIFICATION OF
DETENTION. (a) A medical professional shall immediately file with
the facility a notification of detention after making a
determination under Section 573.006.
(b) The notification of detention must contain:
(1) a statement that the medical professional has
reason to believe and does believe that the person evidences mental
illness;
(2) a statement that the medical professional has
reason to believe and does believe that the person evidences a
substantial risk of serious harm to the person or others;
(3) a specific description of the risk of harm;
(4) a statement that the medical professional has
reason to believe and does believe that the risk of harm is imminent
unless the person is immediately restrained;
(5) a statement that the medical professional's
beliefs are derived from specific recent behavior, overt acts,
attempts, or threats that were observed by or reliably reported to
the medical professional;
(6) a detailed description of the specific behavior,
acts, attempts, or threats; and
(7) the name and relationship to the detained person
of any person who reported or observed the behavior, acts,
attempts, or threats.
(c) The facility where the person is detained shall include
in the detained person's clinical file the notification of
detention described by this section.
(d) The medical professional shall provide the notification
of detention in the facility on the following form:
Notification--Emergency DetentionNO. _______________
DATE:__________________ TIME:_______________
THE STATE OF TEXAS
FOR THE BEST INTEREST AND PROTECTION OF:
______________________________________
NOTIFICATION OF EMERGENCY DETENTION
Now comes _____________________, a medical professional with (name
of facility) ______________________________________, in the State
of Texas, and states as follows:
1. I have reason to believe and do believe that (name of person to
be detained) __________________________ evidences mental illness.
2. I have reason to believe and do believe that the above-named
person evidences a substantial risk of serious harm to
himself/herself or others based upon the following:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
3. I have reason to believe and do believe that the above risk of
harm is imminent unless the above-named person is immediately
restrained.
4. My beliefs are based upon the following recent behavior, overt
acts, attempts, statements, or threats observed by me or reliably
reported to me:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
5. The names, addresses, and relationship to the above-named
person of those persons who reported or observed recent behavior,
acts, attempts, statements, or threats of the above-named person
are (if applicable):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
For the above reasons, I present this notification to seek
temporary admission to (name of facility)
___________________________ for the detention of (name of person to
be detained) _____________________________ on an emergency basis.
6. Was the person restrained in any way? Yes □ No □
_________________________
SIGNATURE OF MEDICAL PROFESSIONAL
Address: ____________________________ Zip Code: _________________
Telephone: ________________________
A facility may not require a medical professional to execute any
form other than this form as a predicate to accepting for temporary
admission a person detained in the facility under Section 573.006,
Health and Safety Code.
(e) A facility may not require a medical professional to
execute any form other than the form provided by Subsection (d) as a
predicate to accepting for temporary admission a person detained in
the facility under Section 573.006.
SECTION 4. Subchapter C, Chapter 573, Health and Safety
Code, is amended by adding Section 573.0215 to read as follows:
Sec. 573.0215. PRELIMINARY EXAMINATION OF DETAINED PERSON
FOR WHOM AN APPLICATION IS FILED BY A MEDICAL PROFESSIONAL. (a) A
facility shall temporarily accept a person for whom an application
for detention is filed by a medical professional under Section
573.007.
(b) A person accepted for a preliminary examination may be
detained in custody for not longer than 48 hours after the time the
person is first detained in the facility unless a written order for
protective custody is obtained. The 48-hour period allowed by this
section includes any time the patient spends waiting in the
facility for medical care before the person receives the
preliminary examination. If the 48-hour period ends on a Saturday,
Sunday, legal holiday, or before 4 p.m. on the first succeeding
business day, the person may be detained until 4 p.m. on the first
succeeding business day. If the 48-hour period ends at a different
time, the person may be detained only until 4 p.m. on the day the
48-hour period ends. If extremely hazardous weather conditions
exist or a disaster occurs, the presiding judge or magistrate may,
by written order made each day, extend by an additional 24 hours the
period during which the person may be detained. The written order
must declare that an emergency exists because of the weather or the
occurrence of a disaster.
(c) A physician shall examine the person as soon as possible
within 12 hours after the time the person is first detained in the
facility.
SECTION 5. Section 573.022(b), Health and Safety Code, is
amended to read as follows:
(b) A [mental health] facility that has admitted a person
for emergency detention under this section may transport the person
to a mental health facility deemed suitable by the local mental
health authority for the area. On the request of the local mental
health authority, the judge may order that the proposed patient be
detained in a department mental health facility.
SECTION 6. This Act takes effect September 1, 2021.