| |
| |
|
|
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 |
|
|
physicians 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 573.005. |
|
|
SECTION 3. Subchapter A, Chapter 573, Health and Safety |
|
|
Code, is amended by adding Section 573.005 to read as follows: |
|
|
Sec. 573.005. 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; and |
|
|
(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 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) 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. |
|
|
(f) 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. |
|
|
(g) 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. |