Enrolled Bill Summary

House Bill 1738	House Author:  Naishtat et al.
Effective:  9-1-13	Senate Sponsor:  Zaffirini et al.

            House Bill 1738 amends the Health and Safety Code to authorize a peace officer who takes a person into custody for emergency detention without a warrant to immediately inform the person orally of the reason for the detention and that a staff member of the mental health facility will inform the person of the person's rights within 24 hours after the time the person is admitted to the facility. The bill requires such a peace officer to immediately file with a mental health facility a notification of detention and requires the facility where the person is detained to include the notification of detention in the person's clinical file. The bill requires the peace officer to give the notification of detention on a specified form and prohibits a mental health facility or hospital emergency department from requiring a peace officer to execute any form other than the specified form as a predicate to accepting the person for temporary admission. The bill grants a person apprehended, detained, or transported for emergency detention the right to a reasonable opportunity to communicate with a relative or other responsible person who has a proper interest in the person's welfare and requires the executive commissioner of the Health and Human Services Commission to by rule prescribe the manner in which such a person is informed of the person's rights.