By: Ortega H.B. No. 3904
A BILL TO BE ENTITLED
AN ACT
relating to emergency detention by a physician of certain persons
with mental illness for preliminary examination at a facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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. DETENTION FOR PRELIMINARY EXAMINATION BY
PHYSICIAN. (a) A physician may detain a person for preliminary
examination at a mental health facility if the physician:
(1) has reason to believe and does believe that:
(A) the person is a person with mental illness;
and
(B) because of that mental illness there is a
substantial risk of serious harm to the person or others unless the
person is immediately restrained; and
(2) believes that there is not sufficient time to
obtain a warrant or for a peace officer to take the person into
custody.
(b) A substantial risk of serious harm to the person or
others under Subsection (a)(1)(B) may be demonstrated by:
(1) the person's behavior; or
(2) evidence of severe emotional distress and
deterioration in the person's mental condition to the extent that
the person cannot remain at liberty.
(c) The physician may form the belief that the person meets
the criteria for detention under this section based on:
(1) a representation made by a credible person; or
(2) the conduct of the detained person or the
circumstances under which the person is detained.
(d) A physician who detains a person at a mental health
facility under Subsection (a) shall immediately inform the person
orally in simple, nontechnical terms:
(1) of the reason for the detention; and
(2) that a staff member of the facility will inform the
person of the person's rights within 24 hours after the time the
person is admitted to the facility, as provided by Section
573.025(b).
Sec. 573.007. PHYSICIAN'S NOTIFICATION OF DETENTION. (a)
A mental health facility at which a person is detained by a
physician under Section 573.006 shall provide to the person and
maintain in the facility's records a physician's notification of
detention in the manner provided under this section.
(b) The physician's notification of detention must contain:
(1) a statement that the physician has reason to
believe and does believe that the person evidences mental illness;
(2) a statement that the physician 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 physician 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 physician's beliefs are
derived from specific recent behavior, overt acts, attempts, or
threats that were observed by or reliably reported to the
physician;
(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) A physician's notification of detention must be
provided to the person who is being detained within 12 hours of the
commencement of the person's detention.
(d) A physician's notification of detention is considered
to be made under oath and must be provided on the following form:
NOTIFICATION OF EMERGENCY DETENTION
DATE: _______________ TIME: _______________
APPLICANT'S NAME/TELEPHONE: ___________________________
I, the above applicant, physician, make this application for the
emergency detention of:
______________________________________, D.O.B. ____________, who
can be found at _____________________________.
EMERGENCY DETENTION IS SOUGHT FOR THE FOLLOWING REASONS:
1. I have reason to believe and do believe that the person
evidences mental illness.
2. I have reason to believe and do believe that the person presents
a substantial and imminent risk of harm to self or others unless the
person is immediately restrained.
3. My above stated beliefs are based on the following specific
recent behavior, overt acts, attempts, or threats, or evidence of
severe emotional distress and deterioration in the person's mental
condition to the extent that the person cannot remain at liberty:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
(please continue on separate sheet if necessary),
which were personally observed by me _____________ (PHYSICIAN
OBSERVER) or which were reliably reported to me by another
individual, ______________________ (REPORTER).
My relation to the detained is ____________.
If applicable, the relation to the detained of the individual
listed above as the reporter is ____________.
Executed under penalty of perjury at ________ a.m./p.m. on this
______ day of ____________, 20__.
FOR FACILITY USE ONLY--A person accepted for a preliminary
examination may be detained in custody for not longer than 48 hours
after the time the person is presented to the facility unless a
written order for protective custody is obtained. A physician
shall examine the person as soon as possible within 12 hours after
the time the person is detained.
Accepted for Preliminary Examination for Emergency Detention
(i.e., time Patient arrived at this facility) on this _________ day
of ________________________, 20__, at ______ a.m./p.m.
________________________________________
SIGNATURE OF FACILITY EMPLOYEE
Completed Preliminary Examination for Emergency Detention on this
_______ day of ________________________ , 20__, at ______ a.m./p.m.
________________________________________
SIGNATURE OF FACILITY PHYSICIAN
SECTION 2. Section 573.021(a), Health and Safety Code, is
amended to read as follows:
(a) A facility shall temporarily accept and detain a person:
(1) for whom an application for detention is filed;
(2) [or] for whom a peace officer or emergency medical
services personnel of an emergency medical services provider
transporting the person in accordance with a memorandum of
understanding executed under Section 573.005 files a notification
of detention completed by the peace officer under Section
573.002(a); or
(3) if a physician at the facility detains the person
under Section 573.006, regardless of whether the physician has
completed the physician's notification of detention required under
Section 573.007.
SECTION 3. The changes in law made by this Act apply only to
an emergency detention that begins on or after the effective date of
this Act. An emergency detention that begins before the effective
date of this Act is governed by the law as it existed immediately
before that date, and that law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2023.