1-1 By: Moncrief S.B. No. 96
1-2 (In the Senate - Filed November 28, 1994; January 11, 1995,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 22, 1995, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; March 22, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to mental health proceedings and the administration of
1-9 psychoactive medications.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 571.016, Health and Safety Code, is
1-12 amended to read as follows:
1-13 Sec. 571.016. Representation of State. Unless specified
1-14 otherwise, in <In> a hearing <on court-ordered mental health
1-15 services> held under this subtitle:
1-16 (1) the county attorney shall represent the state; or
1-17 (2) if the county has no county attorney, the district
1-18 attorney shall represent the state.
1-19 SECTION 2. Subsection (a), Section 574.104, Health and
1-20 Safety Code, is amended to read as follows:
1-21 (a) A physician who is treating a patient may, on behalf of
1-22 the state, petition a probate court or a court with probate
1-23 jurisdiction for an order to authorize the administration of a
1-24 psychoactive medication regardless of the patient's refusal if:
1-25 (1) the physician believes that the patient lacks the
1-26 capacity to make a decision regarding the administration of the
1-27 psychoactive medication;
1-28 (2) the physician determines that the medication is
1-29 the proper course of treatment for the patient; and
1-30 (3) the patient is under an order for temporary or
1-31 extended mental health services under Section 574.034 or 574.035
1-32 and the patient, verbally or by other indication, refuses to take
1-33 the medication voluntarily.
1-34 SECTION 3. Subsection (a), Section 576.025, Health and
1-35 Safety Code, is amended to read as follows:
1-36 (a) A person may not administer a psychoactive medication to
1-37 a patient receiving voluntary or involuntary mental health services
1-38 who refuses <does not consent to> the administration unless:
1-39 (1) the patient is having a medication-related
1-40 emergency;
1-41 (2) the patient is younger than 16 years of age and
1-42 the patient's parent, managing conservator, or guardian consents to
1-43 the administration on behalf of the patient;
1-44 (3) the refusing <patient does not have the capacity
1-45 to consent and the> patient's representative authorized by law to
1-46 consent on behalf of the patient has consented to the
1-47 administration; <or>
1-48 (4) the administration of the medication regardless of
1-49 the patient's refusal is authorized by an order issued under
1-50 Section 574.106; or
1-51 (5) the patient is receiving court-ordered mental
1-52 health services authorized by an order issued under Article 46.02
1-53 or 46.03, Code of Criminal Procedure.
1-54 SECTION 4. The importance of this legislation and the
1-55 crowded condition of the calendars in both houses create an
1-56 emergency and an imperative public necessity that the
1-57 constitutional rule requiring bills to be read on three several
1-58 days in each house be suspended, and this rule is hereby suspended.
1-59 * * * * *