Enrolled Bill Summary

Senate Bill 646	Senate Author:  Deuell
Effective:  9-1-13	House Sponsor:  Naishtat et al.

            Senate Bill 646 amends provisions of the Health and Safety Code relating to court‑ordered outpatient mental health services. The bill requires a judge, not later than the third day before the date of a hearing that may result in the judge ordering a patient to receive court‑ordered outpatient mental health services, to identify the person the judge intends to designate to be responsible for those services and authorizes a court to designate a different person in an order directing a patient to participate in outpatient mental health services, if necessary. Under previous law, the person responsible for the patient's outpatient mental health services was required to submit to the court a general program of the treatment within two weeks after the court enters an order for outpatient mental health services. The bill instead requires the person to submit the program to the court before the hearing for an order for temporary mental health services, before the hearing for an order for extended mental health services, or before the court modifies an order for inpatient treatment, as appropriate. Among other provisions, the bill establishes the services required to be included in such a program and requires a court to order the patient to participate in the program but prohibits the court from compelling performance. The bill sets out the authorized actions a court may take if a patient is not complying with the court's order.  

            Senate Bill 646 establishes procedures relating to the evaluation of a patient apprehended for temporary detention to determine whether the patient presents a substantial risk of serious harm to the patient or to others and the release of a patient who is determined to not present such a risk. The bill requires the Department of State Health Services to prepare and submit to the legislature a report containing information about persons receiving court-ordered outpatient mental health services in Texas and the effectiveness of those services. The bill repeals provisions relating to a judge's authority to advise, but not compel, certain proposed patients to receive treatment with psychoactive medication as specified by the outpatient mental health services treatment plan, participate in counseling, and refrain from the use of alcohol or illicit drugs.