BILL ANALYSIS S.B. 572 By: Moncrief (Naishtat) 04-19-95 Committee Report (Unamended) BACKGROUND Currently, an application for a medication hearing cannot be filed until after the court order for mental health services is granted, which often results in a delay of a week or more before a doctor can request a hearing to administer medication. Persons involved in the process agree that having the ability to hold a medication hearing and a commitment hearing on the same day would improve patient care. Responsibility for the court costs, transportation and court jurisdiction when more than one county is involved in a mental health court commitment is unclear, and some counties do not have a county or district attorney who can represent the state in medication hearings. PURPOSE As proposed, S.B. 572 sets forth certain provisions for court-ordered mental health services. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sec. 571.016, Health and Safety Code, to add the requirement that the district attorney, criminal district attorney or a court-appointed special prosecutor, and not just the district attorney as required in current law, represent the state in a hearing if the county has no county attorney, and unless otherwise specified. Deletes the reference to court-ordered mental services and refers instead to a hearing held under this subtitle. SECTION 2. Adds Sec. 571.0166, entitled "PROCEEDINGS ON BEHALF OF THE STATE," to Chapter 571, Health and Safety Code, requiring all applications under this subtitle to be filed on behalf of the State of Texas. Sets forth required language for the application. SECTION 3. Amends Section 571.018, Health and Safety Code, as follows: (a) Deletes the language requiring a county to pay for the costs of a hearing or proceeding if the application for court-ordered mental health services was transferred to it. Instead, a county is responsible for the cost if it initiates emergency detention procedures under Chapter 573A or 573B, if it accepts an application for court-ordered mental health services, if it issues an order for protective custody, or if it issues an order for temporary mental health services. (b) Adds the requirement that the county responsible for the costs of a hearing or proceeding under Subsection (a) must pay the costs of all subsequent hearings or proceedings for that person under this subtitle until the person is discharged from mental health services. Reletters the remaining subsections to reflect this addition. SECTION 4. Amends Section 574.001, Health and Safety Code, as follows: (d) Adds that an application may be transferred to the county in which the person is being detained under Subchapter B if the receiving county approves the transfer. Provides that a transfer under this subsection does not preclude the proposed patient from filing a motion to transfer under Subsection (c). (e) Created from existing text. SECTION 5. Amends Section 574.008, Health and Safety Code, as follows: (c) Adds a requirement for the county in which the proceedings originated to pay the expenses of transporting the patient back to the county for hearing proceedings if the patient is receiving temporary inpatient health services in another county, and the patient requires extended inpatient mental health services, unless special arrangements are made for a hearing, as specified in this subsection. (d) Adds the stipulation that if a court orders outpatient services be provided outside the county initiating the order, the court must transfer the case to the appropriate court in the county providing services. The latter court will have continuing jurisdiction of the case, including the receipt of the general treatment program required by Section 574.037(b). SECTION 6. Amends Section 574.102, Health and Safety Code, to delete a provision that this subchapter applies only to a patient who is receiving services in a mental health facility operated or funded by the Department of Mental Health and Mental Retardation. SECTION 7. Amends Section 574.104, Health and Safety Code, as follows: Sec. 574.104. Amends title, changing "Petition" to "Application," and "Compel" to "Authorize." Conforming changes to reflect this are made throughout the rest of this bill. (a) Authorizes a physician who is treating a patient to file an application, on behalf of the state, in a probate court for an order to allow the administration of a psychoactive medication regardless of the patient's refusal if certain conditions apply, adding the condition of an application for court-ordered mental health services filed for the patient. (b) Stipulates that an application filed under this Section must state whether an application for court-ordered mental health services under Section 574.034 or 574.035 has been filed. (c) Changes "petition" to "application." (d) Prohibits a hearing on the application from being held later than 30 days after the filing of the application for the order to authorize psychoactive medication. Authorizes the court to transfer the application to the county where the patient has been transferred. Deletes a requirement and a prohibition concerning a petition. (e) Authorizes the court to grant one continuance on a party's motion subject to the added requirement that the hearing cannot be held later than 30 days after the filing of the application, subject to the requirement in Subsection (d). SECTION 8. Amends Section 574.105, Health and Safety Code, to change "petition" to "application." SECTION 9. Amends Section 574.106, Health and Safety Code, as follows: (a) Adds to the existing conditions the condition that the court may issue an order authorizing the administration of one or more classes of psychoactive medication if the court finds that the patient is under an order for temporary or extended mental health services under Section 574.034 or 574.035. Makes conforming lettering changes. (c) Adds "on the record" to the requirement that the hearing be conducted by the probate judge or judge with probate jurisdiction, except as provided by Subsection (d). (d) Adds authorization for the magistrate or master to effectuate the notice, set hearing dates, and appoint attorneys. Provides that a record is not required if the hearing is held by a magistrate or court-appointed master. (e) Adds the stipulation that a hearing de novo, if a party is entitled to one, is to be held within 30 days of the filing of the application for an order to authorize psychoactive medication. Adds "de novo" to the other reference to a hearing. (h) Changes "petition" to "application." SECTION 10. Amends Sections 571.107, 574.108, and 574.109, Health and Safety Code, as follows: Sec. 574.107. COSTS. Adds a requirement that the costs for hearings must be paid in accordance with Sections 571.017 and 571.018. Sec. 574.108. APPEAL. Created from existing text. Sec. 574.109. EFFECT OF ORDER. Renumbers existing section. Sec. 574.110. Renumbers section and deletes Subsection (a), which requires the court to review an order annually. Amends the title to reflect this change. SECTION 11. Emergency clause. Effective date: upon passage. SUMMARY OF COMMITTEE ACTION S.B. 572 was considered by the Public Health Committee in a public hearing on April 19, 1995. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 7 Ayes, 0 Nays, 0 PNV, 2 Absent.