Texas 2023 - 88th Regular

Texas House Bill HB3904 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Ortega H.B. No. 3904
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to emergency detention by a physician of certain persons
7	7	with mental illness for preliminary examination at a facility.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 573, Health and Safety
10	10	Code, is amended by adding Sections 573.006 and 573.007 to read as
11	11	follows:
12	12	Sec. 573.006. DETENTION FOR PRELIMINARY EXAMINATION BY
13	13	PHYSICIAN. (a) A physician may detain a person for preliminary
14	14	examination at a mental health facility if the physician:
15	15	(1) has reason to believe and does believe that:
16	16	(A) the person is a person with mental illness;
17	17	and
18	18	(B) because of that mental illness there is a
19	19	substantial risk of serious harm to the person or others unless the
20	20	person is immediately restrained; and
21	21	(2) believes that there is not sufficient time to
22	22	obtain a warrant or for a peace officer to take the person into
23	23	custody.
24	24	(b) A substantial risk of serious harm to the person or
25	25	others under Subsection (a)(1)(B) may be demonstrated by:
26	26	(1) the person's behavior; or
27	27	(2) evidence of severe emotional distress and
28	28	deterioration in the person's mental condition to the extent that
29	29	the person cannot remain at liberty.
30	30	(c) The physician may form the belief that the person meets
31	31	the criteria for detention under this section based on:
32	32	(1) a representation made by a credible person; or
33	33	(2) the conduct of the detained person or the
34	34	circumstances under which the person is detained.
35	35	(d) A physician who detains a person at a mental health
36	36	facility under Subsection (a) shall immediately inform the person
37	37	orally in simple, nontechnical terms:
38	38	(1) of the reason for the detention; and
39	39	(2) that a staff member of the facility will inform the
40	40	person of the person's rights within 24 hours after the time the
41	41	person is admitted to the facility, as provided by Section
42	42	573.025(b).
43	43	Sec. 573.007. PHYSICIAN'S NOTIFICATION OF DETENTION. (a)
44	44	A mental health facility at which a person is detained by a
45	45	physician under Section 573.006 shall provide to the person and
46	46	maintain in the facility's records a physician's notification of
47	47	detention in the manner provided under this section.
48	48	(b) The physician's notification of detention must contain:
49	49	(1) a statement that the physician has reason to
50	50	believe and does believe that the person evidences mental illness;
51	51	(2) a statement that the physician has reason to
52	52	believe and does believe that the person evidences a substantial
53	53	risk of serious harm to the person or others;
54	54	(3) a specific description of the risk of harm;
55	55	(4) a statement that the physician has reason to
56	56	believe and does believe that the risk of harm is imminent unless
57	57	the person is immediately restrained;
58	58	(5) a statement that the physician's beliefs are
59	59	derived from specific recent behavior, overt acts, attempts, or
60	60	threats that were observed by or reliably reported to the
61	61	physician;
62	62	(6) a detailed description of the specific behavior,
63	63	acts, attempts, or threats; and
64	64	(7) the name and relationship to the detained person
65	65	of any person who reported or observed the behavior, acts,
66	66	attempts, or threats.
67	67	(c) A physician's notification of detention must be
68	68	provided to the person who is being detained within 12 hours of the
69	69	commencement of the person's detention.
70	70	(d) A physician's notification of detention is considered
71	71	to be made under oath and must be provided on the following form:
72	72	NOTIFICATION OF EMERGENCY DETENTION
73	73	DATE: _______________ TIME: _______________
74	74	APPLICANT'S NAME/TELEPHONE: ___________________________
75	75	I, the above applicant, physician, make this application for the
76	76	emergency detention of:
77	77	______________________________________, D.O.B. ____________, who
78	78	can be found at _____________________________.
79	79	EMERGENCY DETENTION IS SOUGHT FOR THE FOLLOWING REASONS:
80	80	1. I have reason to believe and do believe that the person
81	81	evidences mental illness.
82	82	2. I have reason to believe and do believe that the person presents
83	83	a substantial and imminent risk of harm to self or others unless the
84	84	person is immediately restrained.
85	85	3. My above stated beliefs are based on the following specific
86	86	recent behavior, overt acts, attempts, or threats, or evidence of
87	87	severe emotional distress and deterioration in the person's mental
88	88	condition to the extent that the person cannot remain at liberty:
89	89	________________________________________________________________
90	90	________________________________________________________________
91	91	________________________________________________________________
92	92	________________________________________________________________
93	93	(please continue on separate sheet if necessary),
94	94	which were personally observed by me _____________ (PHYSICIAN
95	95	OBSERVER) or which were reliably reported to me by another
96	96	individual, ______________________ (REPORTER).
97	97	My relation to the detained is ____________.
98	98	If applicable, the relation to the detained of the individual
99	99	listed above as the reporter is ____________.
100	100	Executed under penalty of perjury at ________ a.m./p.m. on this
101	101	______ day of ____________, 20__.
102	102	FOR FACILITY USE ONLY--A person accepted for a preliminary
103	103	examination may be detained in custody for not longer than 48 hours
104	104	after the time the person is presented to the facility unless a
105	105	written order for protective custody is obtained. A physician
106	106	shall examine the person as soon as possible within 12 hours after
107	107	the time the person is detained.
108	108	Accepted for Preliminary Examination for Emergency Detention
109	109	(i.e., time Patient arrived at this facility) on this _________ day
110	110	of ________________________, 20__, at ______ a.m./p.m.
111	111	________________________________________
112	112	SIGNATURE OF FACILITY EMPLOYEE
113	113	Completed Preliminary Examination for Emergency Detention on this
114	114	_______ day of ________________________ , 20__, at ______ a.m./p.m.
115	115	________________________________________
116	116	SIGNATURE OF FACILITY PHYSICIAN
117	117	SECTION 2. Section 573.021(a), Health and Safety Code, is
118	118	amended to read as follows:
119	119	(a) A facility shall temporarily accept and detain a person:
120	120	(1) for whom an application for detention is filed;
121	121	(2) [or] for whom a peace officer or emergency medical
122	122	services personnel of an emergency medical services provider
123	123	transporting the person in accordance with a memorandum of
124	124	understanding executed under Section 573.005 files a notification
125	125	of detention completed by the peace officer under Section
126	126	573.002(a); or
127	127	(3) if a physician at the facility detains the person
128	128	under Section 573.006, regardless of whether the physician has
129	129	completed the physician's notification of detention required under
130	130	Section 573.007.
131	131	SECTION 3. The changes in law made by this Act apply only to
132	132	an emergency detention that begins on or after the effective date of
133	133	this Act. An emergency detention that begins before the effective
134	134	date of this Act is governed by the law as it existed immediately
135	135	before that date, and that law is continued in effect for that
136	136	purpose.
137	137	SECTION 4. This Act takes effect September 1, 2023.