By Hartnett H.B. No. 424
74R3052 DD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to petition and hearing for a court order to authorize
1-3 administration of psychoactive medication.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 574.102, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 574.102. Application of Subchapter. An order issued
1-8 under this <This> subchapter applies only to the application of
1-9 medication to a person committed to <patient subject to an order
1-10 for inpatient mental health services under Section 574.034 or
1-11 574.035 who is receiving those services in> a mental health
1-12 facility operated or funded by the department.
1-13 SECTION 2. Sections 574.104(a), (b), and (d), Health and
1-14 Safety Code, are amended to read as follows:
1-15 (a) A physician who is treating a patient may petition a
1-16 probate court or a court with probate jurisdiction for an order to
1-17 authorize the administration of a psychoactive medication
1-18 regardless of the patient's refusal if:
1-19 (1) the physician believes that the patient lacks the
1-20 capacity to make a decision regarding the administration of the
1-21 psychoactive medication;
1-22 (2) the physician determines that the medication is
1-23 the proper course of treatment for the patient; <and>
1-24 (3) the patient is receiving court-ordered inpatient
2-1 mental health services, or a petition for an order <under an order
2-2 for temporary or extended mental health services> under Section
2-3 574.034 or 574.035 has been filed; and
2-4 (4) the patient, verbally or by other indication,
2-5 refuses to take the medication voluntarily.
2-6 (b) A petition filed under this section must state:
2-7 (1) that the physician believes that the patient lacks
2-8 the capacity to make a decision regarding administration of the
2-9 psychoactive medication and the reasons for that belief;
2-10 (2) each medication the physician wants the court to
2-11 compel the patient to take;
2-12 (3) the status of the order or petition for an
2-13 <whether the current> order for inpatient mental health services
2-14 for the patient <was issued under Section 574.034 or under Section
2-15 574.035>; and
2-16 (4) the physician's diagnosis of the patient.
2-17 (d) The court with which a petition is filed under this
2-18 section shall set a hearing on the petition to be held not later
2-19 than the seventh day after the date the petition is filed. The
2-20 hearing on the petition may be held on the date of a hearing on an
2-21 application for court-ordered extended mental health services under
2-22 Section 574.035 or<. The hearing on the petition may not be held>
2-23 on the date of a hearing on an application for court-ordered
2-24 temporary mental health services under Section 574.034 <unless the
2-25 patient and the patient's attorney agree in writing to have the
2-26 hearing on that date>.
2-27 SECTION 3. Section 574.109(b), Health and Safety Code, is
3-1 amended to read as follows:
3-2 (b) An order issued under Section 574.106 expires on the
3-3 expiration or termination date of the order for temporary or
3-4 extended mental health services that is:
3-5 (1) in effect when the order for psychoactive
3-6 medication is issued; or
3-7 (2) issued contemporaneously with the order for
3-8 psychoactive medication.
3-9 SECTION 4. This Act takes effect September 1, 1995, and
3-10 applies to a medication hearing held on or after that date,
3-11 regardless of the date on which the petition for the order to
3-12 compel psychoactive medication was filed.
3-13 SECTION 5. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.