Texas 2023 - 88th Regular

Texas House Bill HB5210 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Sherman, Sr. H.B. No. 5210
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authority of a peace officer to apprehend a person
7	7	for emergency detention and the authority of certain facilities and
8	8	professionals to temporarily detain a person with mental illness.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter A, Chapter 573, Health
11	11	and Safety Code, is amended to read as follows:
12	12	SUBCHAPTER A. APPREHENSION, [BY PEACE OFFICER OR] TRANSPORTATION,
13	13	OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER [FOR EMERGENCY
14	14	DETENTION BY GUARDIAN]
15	15	SECTION 2. Section 573.001, Health and Safety Code, is
16	16	amended by adding Subsection (i) to read as follows:
17	17	(i) A peace officer may take a person who has been admitted
18	18	to a facility into custody under this section. For purposes of this
19	19	subsection, "facility" has the meaning assigned by Section 573.006.
20	20	SECTION 3. Subchapter A, Chapter 573, Health and Safety
21	21	Code, is amended by adding Sections 573.0015, 573.0016, and 573.006
22	22	to read as follows:
23	23	Sec. 573.0015. APPLICATION FOR EMERGENCY DETENTION BY
24	24	MENTAL HEALTH PROFESSIONAL. (a) A non-physician mental health
25	25	professional specified in Section 571.003(15)(A) or (B) may file an
26	26	application for emergency detention with an inpatient mental health
27	27	facility for a preliminary examination in accordance with Section
28	28	573.021 without the assistance of a peace officer if the
29	29	professional has reason to believe and does believe that:
30	30	(1) the person is a person with mental illness; and
31	31	(2) because of that mental illness there is a
32	32	substantial risk of serious harm to the person or to others unless
33	33	the person is immediately restrained.
34	34	(b) A substantial risk of serious harm to the person or
35	35	others under Subsection (a)(2) may be demonstrated by:
36	36	(1) the person's behavior; or
37	37	(2) evidence of severe emotional distress and
38	38	deterioration in the person's mental condition to the extent that
39	39	the person cannot remain at liberty.
40	40	(c) The application for detention must contain:
41	41	(1) a statement that the non-physician mental health
42	42	professional has reason to believe and does believe that the person
43	43	evidences mental illness;
44	44	(2) a statement that the professional has reason to
45	45	believe and does believe that the person evidences a substantial
46	46	risk of serious harm to the person or others;
47	47	(3) a specific description of the risk of harm;
48	48	(4) a statement that the professional has reason to
49	49	believe and does believe that the risk of harm is imminent unless
50	50	the person is immediately restrained;
51	51	(5) a statement that the professional's beliefs are
52	52	derived from specific recent behavior, overt acts, attempts, or
53	53	threats that were observed by the professional; and
54	54	(6) a detailed description of the specific behavior,
55	55	acts, attempts, or threats.
56	56	Sec. 573.0016. DETENTION AT A HOSPITAL OR EMERGENCY CUSTODY
57	57	BY A PEACE OFFICER. A person may be taken into custody by a peace
58	58	officer and placed in a facility, or the person may be detained at a
59	59	hospital at which the person presented or was brought to receive
60	60	medical or mental health care, if the peace officer or a physician
61	61	medical staff member of the hospital or a physician's assistant or
62	62	advanced practice registered nurse practicing in the hospital has
63	63	reason to believe that the person is gravely disabled due to mental
64	64	illness or the person's continued liberty poses an imminent danger
65	65	to that person or others, as evidenced by a threat of substantial
66	66	physical harm; provided, under no circumstances may the proposed
67	67	patient be detained in a nonmedical unit used for the detention of
68	68	individuals charged with or convicted of penal offenses.
69	69	Sec. 573.006. TEMPORARY DETENTION IN CERTAIN FACILITIES.
70	70	(a) In this section, "facility" means:
71	71	(1) an inpatient mental health facility other than a
72	72	community center, a facility operated by or under contract with a
73	73	community center, an entity that the department designates to
74	74	provide mental health services, a local mental health authority, or
75	75	a facility operated by or under contract with a local mental health
76	76	authority, unless the facility is licensed under Chapter 577;
77	77	(2) a hospital, or the emergency department of a
78	78	hospital, licensed under Chapter 241; and
79	79	(3) a freestanding emergency medical care facility
80	80	licensed under Chapter 254.
81	81	(b) The governing body of a facility may adopt and implement
82	82	a written policy that provides for the facility or a physician at
83	83	the facility to detain a person who voluntarily requested treatment
84	84	from the facility or who lacks the capacity to consent to treatment,
85	85	as provided by this section, if:
86	86	(1) the person expresses a desire to leave the
87	87	facility or attempts to leave the facility before the examination
88	88	or treatment is completed; and
89	89	(2) a physician at the facility:
90	90	(A) has reason to believe and does believe that:
91	91	(i) the person has a mental illness; and
92	92	(ii) because of that mental illness there
93	93	is a substantial risk of serious harm to the person or to others
94	94	unless the person is immediately restrained; and
95	95	(B) believes that there is not sufficient time to
96	96	file an application for emergency detention or for an order of
97	97	protective custody.
98	98	(c) A policy adopted and implemented by a facility under
99	99	this section may not allow the facility or a physician at the
100	100	facility to detain a person who has been transported to the facility
101	101	for emergency detention under this chapter.
102	102	(d) A policy adopted and implemented by a facility under
103	103	this section must require:
104	104	(1) the facility staff or the physician who intends to
105	105	detain the person under the policy to notify the person of that
106	106	intention;
107	107	(2) a physician to document a decision by the facility
108	108	or the physician to detain a person under the policy and to place a
109	109	notice of detention in the person's medical record that contains
110	110	the same information as required in a peace officer's notification
111	111	of detention under Section 573.002;
112	112	(3) the period of a person's detention under the policy
113	113	to be less than four hours following the time the person first
114	114	expressed a desire to leave, or attempted to leave, the facility;
115	115	and
116	116	(4) the facility or physician to release the person
117	117	not later than the end of the four-hour period unless the facility
118	118	staff or physician arranges for a peace officer to take the person
119	119	into custody under Section 573.001 or an order of protective
120	120	custody is issued.
121	121	(e) Whenever a person is taken into custody or detained
122	122	under this section without court order, the evidence supporting the
123	123	claim of grave disability due to mental illness or imminent danger
124	124	must be presented to a duly authorized court within four hours from
125	125	the time the individual was placed in custody or detained.
126	126	(f) Detention of a person under a policy adopted and
127	127	implemented by a facility under this section is not considered
128	128	involuntary psychiatric hospitalization for purposes of Section
129	129	411.172(e), Government Code.
130	130	(g) A physician, person, or facility that detains or does
131	131	not detain a person under a policy adopted and implemented by a
132	132	facility under this section and that acts in good faith and without
133	133	malice is not civilly or criminally liable for that action.
134	134	(h) A facility is not civilly or criminally liable for its
135	135	governing body's decision to adopt or not to adopt a policy under
136	136	this section.
137	137	SECTION 4. This Act takes effect September 1, 2023.