2 | 9 | | |
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3 | 10 | | |
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4 | 11 | | |
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5 | 12 | | |
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6 | 13 | | A BILL TO BE ENTITLED |
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7 | 14 | | AN ACT |
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8 | 15 | | relating to emergency detention of certain persons evidencing |
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9 | 16 | | mental illness and to court-ordered inpatient and extended mental |
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10 | 17 | | health services. |
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11 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 19 | | SECTION 1. Section 573.001(a), Health and Safety Code, is |
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13 | 20 | | amended to read as follows: |
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14 | 21 | | (a) A peace officer, without a warrant, may take a person |
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15 | 22 | | into custody, regardless of the age of the person, if the officer[: |
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16 | 23 | | [(1)] has reason to believe and does believe that: |
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17 | 24 | | (1) [(A)] the person is a person with mental |
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18 | 25 | | illness[;] and |
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19 | 26 | | [(B)] because of that mental illness: |
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20 | 27 | | (A) there is a substantial risk of serious harm |
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21 | 28 | | to the person or to others [unless the person is immediately |
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22 | 29 | | restrained]; |
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23 | 30 | | (B) the person evidences severe emotional |
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24 | 31 | | distress and deterioration in the person's mental condition; or |
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25 | 32 | | (C) the person evidences an inability to |
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26 | 33 | | recognize symptoms or appreciate the risks and benefits of |
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27 | 34 | | treatment; [and] |
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28 | 35 | | (2) the person is likely without immediate detention |
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29 | 36 | | to suffer serious risk of harm or to inflict serious harm on another |
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30 | 37 | | person; and |
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31 | 38 | | (3) [believes that] there is not sufficient time to |
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32 | 39 | | obtain a warrant before taking the person into custody. |
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33 | 40 | | SECTION 2. The heading to Section 573.002, Health and |
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34 | 41 | | Safety Code, is amended to read as follows: |
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35 | 42 | | Sec. 573.002. PEACE OFFICER'S NOTIFICATION OF EMERGENCY |
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36 | 43 | | DETENTION. |
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37 | 44 | | SECTION 3. Section 573.002, Health and Safety Code, is |
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38 | 45 | | amended by amending Subsections (a), (b), (c), and (d) and adding |
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39 | 46 | | Subsection (f) to read as follows: |
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40 | 47 | | (a) A peace officer shall immediately file with a facility a |
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41 | 48 | | notification of emergency detention after transporting a person to |
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42 | 49 | | that facility in accordance with Section 573.001. Emergency |
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43 | 50 | | medical services personnel of an emergency medical services |
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44 | 51 | | provider who transport a person to a facility at the request of a |
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45 | 52 | | peace officer made in accordance with a memorandum of understanding |
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46 | 53 | | executed under Section 573.005 shall immediately file with the |
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47 | 54 | | facility the notification of emergency detention completed by the |
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48 | 55 | | peace officer who made the request. |
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49 | 56 | | (b) The notification of emergency detention must contain: |
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50 | 57 | | (1) a statement that the officer has reason to believe |
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51 | 58 | | and does believe that the person evidences mental illness; |
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52 | 59 | | (2) a statement that the officer has reason to believe |
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53 | 60 | | and does believe that the person evidences a substantial risk of |
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54 | 61 | | serious harm to the person or others; |
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55 | 62 | | (3) [a specific description of the risk of harm; |
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56 | 63 | | [(4)] a statement that the officer has reason to |
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57 | 64 | | believe and does believe that the risk of harm is imminent unless |
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58 | 65 | | the person is immediately restrained; |
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59 | 66 | | (4) [(5)] a statement that the officer's beliefs are |
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60 | 67 | | derived from specific recent behavior, overt acts, attempts, or |
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61 | 68 | | threats that were observed by or reliably reported to the officer; |
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62 | 69 | | (5) [(6)] a detailed description of the specific |
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63 | 70 | | behavior, acts, attempts, or threats; and |
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64 | 71 | | (6) [(7)] the name and relationship to the apprehended |
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65 | 72 | | person of any person who reported or observed the behavior, acts, |
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66 | 73 | | attempts, or threats. |
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67 | 74 | | (c) The facility where the person is detained shall include |
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68 | 75 | | in the detained person's clinical file the notification of |
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69 | 76 | | emergency detention described by this section. |
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70 | 77 | | (d) The peace officer shall provide the notification of |
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71 | 78 | | emergency detention in substantially [on] the following form: |
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72 | 79 | | Notification--Emergency Detention NO. ____________________ |
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73 | 80 | | DATE:_______________ TIME:_______________ |
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74 | 81 | | THE STATE OF TEXAS |
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75 | 82 | | FOR THE BEST INTEREST AND PROTECTION OF: |
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76 | 83 | | ______________________________________ |
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77 | 84 | | DOB:_____________ RACE:______________ GENDER:_______________ _____________ RACE:______________ GENDER:_______________ |
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78 | 85 | | PHONE NUMBER:______________ ADDRESS:______________________________________ ADDRESS:________________________ |
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79 | 86 | | NOTIFICATION OF EMERGENCY DETENTION |
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80 | 87 | | Now comes _____________________________, a peace officer with |
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81 | 88 | | (name of agency) _____________________________, of the State of |
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82 | 89 | | Texas, and states as follows: |
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83 | 90 | | [1.] I have reason to believe and do believe that (name of |
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84 | 91 | | person to be detained) __________________________ evidences mental |
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85 | 92 | | illness;[.] |
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86 | 93 | | [2.] I have reason to believe and do believe that the |
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87 | 94 | | above-named person evidences a substantial risk of serious harm to |
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88 | 95 | | himself/herself or others based on the person's behavior or |
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89 | 96 | | evidence the person is experiencing severe emotional distress and |
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90 | 97 | | deterioration to the extent the person cannot remain at liberty; |
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91 | 98 | | and [upon the following: |
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92 | 99 | | [_______________________________________________________________ |
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93 | 100 | | ________________________________________________________________ |
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94 | 101 | | ________________________________________________________________ |
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95 | 102 | | _______________________________________________________________] |
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96 | 103 | | [3.] I have reason to believe and do believe that the [above] |
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97 | 104 | | risk of harm is imminent unless the above-named person is |
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98 | 105 | | immediately restrained. |
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99 | 106 | | 1. [4.] My above-stated beliefs are based upon the following |
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100 | 107 | | recent behavior, severe emotional distress and deterioration, |
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101 | 108 | | overt acts, attempts, statements, or threats observed by me or |
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102 | 109 | | reliably reported to me (may use attachments to report additional |
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103 | 110 | | information): |
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104 | 111 | | ________________________________________________________________ |
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105 | 112 | | ________________________________________________________________ |
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106 | 113 | | ________________________________________________________________ |
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107 | 114 | | ________________________________________________________________ |
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108 | 115 | | 2. [5.] The names, addresses, phone numbers, and relationship to |
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109 | 116 | | the above-named person of those persons who reported or observed |
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110 | 117 | | recent behavior, acts, attempts, statements, or threats of the |
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111 | 118 | | above-named person are (if applicable): |
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112 | 119 | | ________________________________________________________________ |
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113 | 120 | | ________________________________________________________________ |
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114 | 121 | | ________________________________________________________________ |
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115 | 122 | | ________________________________________________________________ |
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116 | 123 | | ADULT 65 YEARS OF AGE OR OLDER? □ YES □ NO If yes, □ YES □ NO If yes, |
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117 | 124 | | age: ___________ |
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118 | 125 | | CHILD 17 YEARS OF AGE OR YOUNGER? □ YES □ NO If yes, □ YES □ NO If yes, |
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119 | 126 | | age: ___________ |
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120 | 127 | | FOR A CHILD 17 YEARS OF AGE OR YOUNGER (if yes): |
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121 | 128 | | My belief the child is at risk of imminent serious harm unless |
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122 | 129 | | immediately removed from the parents' custody is based on the |
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123 | 130 | | above-stated facts showing the parents or guardians are presently |
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124 | 131 | | unable to protect the child from imminent serious harm. |
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125 | 132 | | I provided notice to the child's parents or guardians of my |
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126 | 133 | | intention to file this notification. |
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127 | 134 | | I was not able to provide notice to the child's parents or |
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128 | 135 | | guardians of my intention to file this notification because: |
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129 | 136 | | ________________________________________________________________ |
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130 | 137 | | ________________________________________________________________ |
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131 | 138 | | Parent/Guardian Contact Information: ____________________________ |
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132 | 139 | | ________________________________________________________________ |
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133 | 140 | | USE OF RESTRAINT |
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134 | 141 | | Was the person physically restrained in any way? Yes □ No □ |
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135 | 142 | | If yes, reason for physical restraint? □ Officer Safety |
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136 | 143 | | Person's Safety □ Other ____________________ |
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137 | 144 | | CALL ORIGINATED AT: |
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138 | 145 | | Public Area □ Residence □ School/University |
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139 | 146 | | Group Home □ Hospital |
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140 | 147 | | Other________________________________________ |
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141 | 148 | | OBSERVATIONS/HISTORY |
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142 | 149 | | If YES to any question below, provide additional information: |
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143 | 150 | | YES NO UNKNOWN NOTES YES NO UNKNOWN NOTES |
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144 | 151 | | YES NO UNKNOWN NOTES |
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145 | 152 | | Harm to self Harm to self |
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146 | 153 | | Harm to self |
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147 | 154 | | or stating an or stating an |
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148 | 155 | | or stating an |
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149 | 156 | | intention to intention to |
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150 | 157 | | intention to |
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151 | 158 | | harm self? harm self? |
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152 | 159 | | harm self? |
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153 | 160 | | Previous Previous |
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154 | 161 | | Previous |
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155 | 162 | | attempt to attempt to |
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156 | 163 | | attempt to |
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157 | 164 | | commit commit |
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158 | 165 | | commit |
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159 | 166 | | suicide? suicide? |
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160 | 167 | | suicide? |
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161 | 168 | | Harm to Harm to |
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162 | 169 | | Harm to |
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163 | 170 | | others or others or |
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164 | 171 | | others or |
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165 | 172 | | stating an stating an |
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166 | 173 | | stating an |
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167 | 174 | | intention to intention to |
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168 | 175 | | intention to |
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169 | 176 | | harm others? harm others? |
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170 | 177 | | harm others? |
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171 | 178 | | Previous Previous |
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172 | 179 | | Previous |
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173 | 180 | | serious harm serious harm |
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174 | 181 | | serious harm |
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175 | 182 | | or injury to or injury to |
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176 | 183 | | or injury to |
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177 | 184 | | others? others? |
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178 | 185 | | others? |
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179 | 186 | | Previous Previous |
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180 | 187 | | Previous |
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181 | 188 | | psychiatric psychiatric |
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182 | 189 | | psychiatric |
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183 | 190 | | hospital hospital |
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184 | 191 | | hospital |
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185 | 192 | | treatment? treatment? |
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186 | 193 | | treatment? |
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187 | 194 | | Reported Reported |
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188 | 195 | | Reported |
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189 | 196 | | mental health mental health |
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190 | 197 | | mental health |
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191 | 198 | | diagnosis? diagnosis? |
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192 | 199 | | diagnosis? |
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193 | 200 | | Prescribed Prescribed |
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194 | 201 | | Prescribed |
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195 | 202 | | psychiatric psychiatric |
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196 | 203 | | psychiatric |
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197 | 204 | | medications? medications? |
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198 | 205 | | medications? |
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199 | 206 | | Current Current |
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200 | 207 | | Current |
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201 | 208 | | psychiatric psychiatric |
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202 | 209 | | psychiatric |
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203 | 210 | | medications medications |
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204 | 211 | | medications |
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205 | 212 | | taken? taken? |
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206 | 213 | | taken? |
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207 | 214 | | Sleeping Sleeping |
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208 | 215 | | Sleeping |
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209 | 216 | | difficulty? difficulty? |
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210 | 217 | | difficulty? |
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211 | 218 | | Substance use Substance use |
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212 | 219 | | Substance use |
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213 | 220 | | disorder? disorder? |
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214 | 221 | | disorder? |
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215 | 222 | | TRANSPORTED TO: |
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216 | 223 | | Hospital/Emergency Room □ Mental Health Facility |
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217 | 224 | | Other _______________________ |
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218 | 225 | | For the above reasons, I present this notification to seek |
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219 | 226 | | temporary admission to the (name of facility) |
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220 | 227 | | _________________________ inpatient mental health facility or |
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221 | 228 | | hospital facility for the detention of (name of person to be |
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222 | 229 | | detained) __________________________ on an emergency basis. |
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223 | 230 | | [6. Was the person restrained in any way? Yes □ No □] |
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224 | 231 | | PEACE OFFICER'S PRINTED NAME: ___________________________________ |
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225 | 232 | | BADGE NO. _____________________ |
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226 | 233 | | PEACE OFFICER'S SIGNATURE _______________________________________ |
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227 | 234 | | Address: _________________________ Zip Code: ____________________ |
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228 | 235 | | Telephone: ______________________ |
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229 | 236 | | [_________________________] |
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230 | 237 | | SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable) |
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231 | 238 | | _________________________ PRINTED NAME OF PERSONNEL: _____________ |
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232 | 239 | | Address: _________________________ Zip Code: ____________________ |
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233 | 240 | | Telephone: ______________________ |
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234 | 241 | | A mental health facility or hospital emergency department may |
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235 | 242 | | not require a peace officer or emergency medical services personnel |
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236 | 243 | | to execute any form other than this form as a predicate to accepting |
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237 | 244 | | for temporary admission a person detained by a peace officer under |
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238 | 245 | | Section 573.001, Health and Safety Code[, and transported by the |
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239 | 246 | | officer under that section or by emergency medical services |
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240 | 247 | | personnel of an emergency medical services provider at the request |
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241 | 248 | | of the officer made in accordance with a memorandum of |
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242 | 249 | | understanding executed under Section 573.005, Health and Safety |
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243 | 250 | | Code]. |
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244 | 251 | | (f) A peace officer who transports an apprehended person to |
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245 | 252 | | a facility under Section 573.001(d)(1) or emergency medical |
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246 | 253 | | services personnel of an emergency medical services provider who |
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247 | 254 | | transports a person to a facility under Section 573.001(d)(2): |
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248 | 255 | | (1) is not required to remain at the facility while the |
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249 | 256 | | apprehended person is medically screened or treated or while the |
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250 | 257 | | person's insurance coverage is verified; and |
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251 | 258 | | (2) may leave the facility immediately after: |
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252 | 259 | | (A) the person is taken into custody by |
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253 | 260 | | appropriate facility staff; and |
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254 | 261 | | (B) the notification of emergency detention |
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255 | 262 | | required by this section is provided to the facility. |
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256 | 263 | | SECTION 4. Section 573.003(a), Health and Safety Code, is |
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257 | 264 | | amended to read as follows: |
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258 | 265 | | (a) A guardian of the person of a ward who is 18 years of age |
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259 | 266 | | or older, without the assistance of a peace officer, may transport |
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260 | 267 | | the ward to an inpatient mental health facility for a preliminary |
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261 | 268 | | examination in accordance with Section 573.021 if the guardian has |
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262 | 269 | | reason to believe and does believe that: |
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263 | 270 | | (1) the ward is a person with mental illness[;] and |
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264 | 271 | | [(2)] because of that mental illness: |
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265 | 272 | | (A) there is a substantial risk of serious harm |
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266 | 273 | | to the ward or to others; |
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267 | 274 | | (B) the ward evidences severe emotional distress |
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268 | 275 | | and deterioration in the ward's mental condition; or |
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269 | 276 | | (C) the ward evidences an inability to recognize |
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270 | 277 | | symptoms or appreciate the risks and benefits of treatment; and |
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271 | 278 | | (2) the ward is likely without immediate detention to |
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272 | 279 | | suffer serious risk of harm or to inflict serious harm on another |
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273 | 280 | | person [unless the ward is immediately restrained]. |
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274 | 281 | | SECTION 5. Section 573.012(b), Health and Safety Code, is |
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275 | 282 | | amended to read as follows: |
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276 | 283 | | (b) The magistrate shall deny the application unless the |
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277 | 284 | | magistrate finds that there is reasonable cause to believe that: |
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278 | 285 | | (1) the person evidences mental illness and because of |
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279 | 286 | | that mental illness[; |
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280 | 287 | | [(2)] the person evidences: |
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281 | 288 | | (A) a substantial risk of serious harm to himself |
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282 | 289 | | or others; |
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283 | 290 | | (B) severe emotional distress and deterioration |
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284 | 291 | | in the person's mental condition; or |
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285 | 292 | | (C) an inability to recognize symptoms or |
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286 | 293 | | appreciate the risks and benefits of treatment; |
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287 | 294 | | (2) the person is likely without immediate detention |
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288 | 295 | | to suffer serious risk of harm or to inflict serious harm on another |
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289 | 296 | | person; |
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290 | 297 | | (3) the risk of harm is imminent unless the person is |
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291 | 298 | | immediately restrained; and |
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292 | 299 | | (4) the necessary restraint cannot be accomplished |
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293 | 300 | | without emergency detention. |
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294 | 301 | | SECTION 6. Section 573.022(a), Health and Safety Code, is |
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295 | 302 | | amended to read as follows: |
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296 | 303 | | (a) A person may be admitted to a facility for emergency |
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297 | 304 | | detention only if the physician who conducted the preliminary |
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298 | 305 | | examination of the person makes a written statement that: |
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299 | 306 | | (1) is acceptable to the facility; |
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300 | 307 | | (2) states [that] after a preliminary examination it |
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301 | 308 | | is the physician's opinion that: |
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302 | 309 | | (A) the person is a person with mental illness |
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303 | 310 | | and because of that mental illness[; |
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304 | 311 | | [(B)] the person evidences: |
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305 | 312 | | (i) a substantial risk of serious harm to |
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306 | 313 | | the person or to others; |
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307 | 314 | | (ii) severe emotional distress and |
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308 | 315 | | deterioration in the person's mental condition; or |
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309 | 316 | | (iii) an inability to recognize symptoms or |
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310 | 317 | | appreciate the risks and benefits of treatment; |
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311 | 318 | | (B) [(C)] the described risk of harm is imminent |
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312 | 319 | | unless the person is immediately restrained; and |
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313 | 320 | | (C) [(D)] emergency detention is the least |
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314 | 321 | | restrictive means by which the necessary restraint may be |
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315 | 322 | | accomplished; and |
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316 | 323 | | (3) includes: |
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317 | 324 | | (A) a description of the nature of the person's |
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318 | 325 | | mental illness; |
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319 | 326 | | (B) a specific description of the risk of harm |
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320 | 327 | | the person evidences [that may be demonstrated either by the |
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321 | 328 | | person's behavior or by evidence of severe emotional distress and |
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322 | 329 | | deterioration in the person's mental condition] to the extent that |
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323 | 330 | | the person cannot remain at liberty; and |
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324 | 331 | | (C) the specific detailed information from which |
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325 | 332 | | the physician formed the opinion in Subdivision (2). |
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326 | 333 | | SECTION 7. Section 574.001(b), Health and Safety Code, is |
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327 | 334 | | amended to read as follows: |
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328 | 335 | | (b) Except as provided by Subsection (f), the application |
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329 | 336 | | must be filed with the county clerk in the county in which the |
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330 | 337 | | proposed patient: |
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331 | 338 | | (1) resides; |
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332 | 339 | | (2) is located at the time the application is filed [is |
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333 | 340 | | found]; [or] |
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334 | 341 | | (3) was apprehended under Chapter 573; or |
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335 | 342 | | (4) is receiving mental health services by court order |
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336 | 343 | | or under Subchapter A, Chapter 573. |
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337 | 344 | | SECTION 8. Sections 574.011(a) and (b), Health and Safety |
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338 | 345 | | Code, are amended to read as follows: |
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339 | 346 | | (a) A certificate of medical examination for mental illness |
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340 | 347 | | must be sworn to, dated, and signed by the examining |
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341 | 348 | | physician. The certificate must include: |
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342 | 349 | | (1) the name and address of the examining physician; |
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343 | 350 | | (2) the name and address of the person examined; |
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344 | 351 | | (3) the date and place of the examination; |
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345 | 352 | | (4) a brief diagnosis of the examined person's |
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346 | 353 | | physical and mental condition; |
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347 | 354 | | (5) the period, if any, during which the examined |
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348 | 355 | | person has been under the care of the examining physician; |
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349 | 356 | | (6) an accurate description of the mental health |
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350 | 357 | | treatment, if any, given by or administered under the direction of |
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351 | 358 | | the examining physician; and |
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352 | 359 | | (7) the examining physician's opinion that: |
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353 | 360 | | (A) the examined person is a person with mental |
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354 | 361 | | illness[;] and |
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355 | 362 | | [(B)] as a result of that illness the examined |
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356 | 363 | | person is: |
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357 | 364 | | (i) likely to cause serious harm to the |
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358 | 365 | | person or to others; [or is:] |
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359 | 366 | | (ii) [(i)] suffering severe and abnormal |
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360 | 367 | | mental, emotional, or physical distress; |
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361 | 368 | | (iii) [(ii)] experiencing substantial |
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362 | 369 | | mental or physical deterioration of the proposed patient's ability |
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363 | 370 | | to function independently, which is exhibited by the proposed |
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364 | 371 | | patient's inability, except for reasons of indigence, to provide |
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365 | 372 | | for the proposed patient's basic needs, including food, clothing, |
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366 | 373 | | health, or safety; [and] |
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367 | 374 | | (iv) [(iii)] not able to make a rational |
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368 | 375 | | and informed decision as to whether to submit to treatment; or |
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369 | 376 | | (v) evidencing an inability to recognize |
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370 | 377 | | symptoms or appreciate the risks and benefits of treatment; and |
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371 | 378 | | (B) in the absence of inpatient mental health |
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372 | 379 | | treatment, the examined person is likely to suffer serious risk of |
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373 | 380 | | harm or to inflict serious harm on another person. |
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374 | 381 | | (b) The examining physician must specify in the certificate |
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375 | 382 | | which criterion listed in Subsection (a)(7) [(a)(7)(B)] forms the |
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376 | 383 | | basis for the physician's opinion. |
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377 | 384 | | SECTION 9. Sections 574.034(a) and (d), Health and Safety |
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378 | 385 | | Code, are amended to read as follows: |
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379 | 386 | | (a) The judge may order a proposed patient to receive |
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380 | 387 | | court-ordered temporary inpatient mental health services only if |
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381 | 388 | | the judge or jury finds, from clear and convincing evidence, that: |
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382 | 389 | | (1) the proposed patient is a person with mental |
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383 | 390 | | illness; and |
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384 | 391 | | (2) as a result of that mental illness the proposed |
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385 | 392 | | patient: |
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386 | 393 | | (A) is likely to cause serious harm to the |
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387 | 394 | | proposed patient; |
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388 | 395 | | (B) is likely to cause serious harm to others; |
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389 | 396 | | [or] |
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390 | 397 | | (C) is: |
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391 | 398 | | (i) suffering severe and abnormal mental, |
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392 | 399 | | emotional, or physical distress; |
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393 | 400 | | (ii) experiencing substantial mental or |
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394 | 401 | | physical deterioration of the proposed patient's ability to |
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395 | 402 | | function independently, which is exhibited by the proposed |
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396 | 403 | | patient's inability, except for reasons of indigence, to provide |
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397 | 404 | | for the proposed patient's basic needs, including food, clothing, |
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398 | 405 | | health, or safety; [and] |
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399 | 406 | | (iii) unable to make a rational and |
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400 | 407 | | informed decision as to whether or not to submit to treatment; or |
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401 | 408 | | (iv) evidencing an inability to recognize |
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402 | 409 | | symptoms or to appreciate the risks and benefits of treatment; and |
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403 | 410 | | (D) in the absence of court-ordered temporary |
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