By: Sherman, Sr. H.B. No. 5210
A BILL TO BE ENTITLED
AN ACT
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.
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 573.001, Health and Safety Code, is
amended by adding Subsection (i) to read as follows:
(i) A peace officer may take a person who has been admitted
to a facility into custody under this section. For purposes of this
subsection, "facility" has the meaning assigned by Section 573.006.
SECTION 3. Subchapter A, Chapter 573, Health and Safety
Code, is amended by adding Sections 573.0015, 573.0016, and 573.006
to read as follows:
Sec. 573.0015. APPLICATION FOR EMERGENCY DETENTION BY
MENTAL HEALTH PROFESSIONAL. (a) A non-physician mental health
professional specified in Section 571.003(15)(A) or (B) may file an
application for emergency detention with an inpatient mental health
facility for a preliminary examination in accordance with Section
573.021 without the assistance of a peace officer if the
professional has reason to believe and does believe that:
(1) the person is a person with mental illness; and
(2) 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.
(b) A substantial risk of serious harm to the person or
others under Subsection (a)(2) 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 application for detention must contain:
(1) a statement that the non-physician mental health
professional has reason to believe and does believe that the person
evidences mental illness;
(2) a statement that the 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 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 professional's beliefs are
derived from specific recent behavior, overt acts, attempts, or
threats that were observed by the professional; and
(6) a detailed description of the specific behavior,
acts, attempts, or threats.
Sec. 573.0016. DETENTION AT A HOSPITAL OR EMERGENCY CUSTODY
BY A PEACE OFFICER. A person may be taken into custody by a peace
officer and placed in a facility, or the person may be detained at a
hospital at which the person presented or was brought to receive
medical or mental health care, if the peace officer or a physician
medical staff member of the hospital or a physician's assistant or
advanced practice registered nurse practicing in the hospital has
reason to believe that the person is gravely disabled due to mental
illness or the person's continued liberty poses an imminent danger
to that person or others, as evidenced by a threat of substantial
physical harm; provided, under no circumstances may the proposed
patient be detained in a nonmedical unit used for the detention of
individuals charged with or convicted of penal offenses.
Sec. 573.006. TEMPORARY DETENTION IN CERTAIN FACILITIES.
(a) In this section, "facility" means:
(1) an inpatient mental health facility other than a
community center, a facility operated by or under contract with a
community center, an entity that the department designates to
provide mental health services, a local mental health authority, or
a facility operated by or under contract with a local mental health
authority, unless the facility is licensed under Chapter 577;
(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) The governing body of a facility may adopt and implement
a written policy that provides for the facility or a physician at
the facility to detain a person who voluntarily requested treatment
from the facility or who lacks the capacity to consent to treatment,
as provided by this section, 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 physician 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.
(c) A policy adopted and implemented by a facility under
this section may not allow the facility or a physician at the
facility to detain a person who has been transported to the facility
for emergency detention under this chapter.
(d) A policy adopted and implemented by a facility under
this section must require:
(1) the facility staff or the physician who intends to
detain the person under the policy to notify the person of that
intention;
(2) a physician to document a decision by the facility
or the physician to detain a person under the policy and to place a
notice of detention in the person's medical record that contains
the same information as required in a peace officer's notification
of detention under Section 573.002;
(3) the period of a person's detention under the policy
to be less than four hours following the time the person first
expressed a desire to leave, or attempted to leave, the facility;
and
(4) the facility or physician to release the person
not later than the end of the four-hour period unless the facility
staff or physician arranges for a peace officer to take the person
into custody under Section 573.001 or an order of protective
custody is issued.
(e) Whenever a person is taken into custody or detained
under this section without court order, the evidence supporting the
claim of grave disability due to mental illness or imminent danger
must be presented to a duly authorized court within four hours from
the time the individual was placed in custody or detained.
(f) Detention of a person under a policy adopted and
implemented by a facility under this section is not considered
involuntary psychiatric hospitalization for purposes of Section
411.172(e), Government Code.
(g) A physician, person, or facility that detains or does
not detain a person under a policy adopted and implemented by a
facility under this section and that acts in good faith and without
malice is not civilly or criminally liable for that action.
(h) A facility is not civilly or criminally liable for its
governing body's decision to adopt or not to adopt a policy under
this section.
SECTION 4. This Act takes effect September 1, 2023.