By: Moncrief S.B. No. 572
A BILL TO BE ENTITLED
AN ACT
1-1 relating to court-ordered mental health services.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 571.016, Health and Safety Code, is
1-4 amended to read as follows:
1-5 Sec. 571.016. REPRESENTATION OF STATE. Unless specified
1-6 otherwise, in <In> a hearing <on court-ordered mental health
1-7 services> held under this subtitle:
1-8 (1) the county attorney shall represent the state; or
1-9 (2) if the county has no county attorney, the district
1-10 attorney, the criminal district attorney, or a court-appointed
1-11 special prosecutor shall represent the state.
1-12 SECTION 2. Chapter 571, Health and Safety Code, is amended
1-13 by adding Section 571.0166 to read as follows:
1-14 Sec. 571.0166. PROCEEDINGS ON BEHALF OF THE STATE. All
1-15 applications under this subtitle shall be filed on behalf of the
1-16 State of Texas and styled "The State of Texas for the Best Interest
1-17 and Protection of (NAME) the (patient or proposed patient)."
1-18 SECTION 3. Section 571.018, Health and Safety Code, is
1-19 amended to read as follows:
1-20 Sec. 571.018. COSTS. (a) The costs for a hearing or
1-21 proceeding under this subtitle shall be paid by <A county shall pay
1-22 the costs for a hearing or proceeding under this subtitle if the
1-23 county>:
2-1 (1) the county that initiates emergency detention
2-2 procedures under Subchapter A or B, Chapter 573; or
2-3 (2) if no emergency detention procedures are
2-4 initiated, the county that <has an application for court-ordered
2-5 mental health services transferred to it under Section 574.008(b);
2-6 or>
2-7 <(3)> accepts an application for court-ordered mental
2-8 health services, <and> issues an order for protective custody, or
2-9 issues an order for temporary mental health services.
2-10 (b) The county responsible for the costs of a hearing or
2-11 proceeding under Subsection (a) shall pay the costs of all
2-12 subsequent hearings or proceedings for that person under this
2-13 subtitle until the person is discharged from mental health
2-14 services.
2-15 (c) Costs under this section include:
2-16 (1) attorney's fees;
2-17 (2) physician examination fees;
2-18 (3) compensation for court-appointed personnel listed
2-19 under Section 571.017; and
2-20 (4) expenses of transportation to a department mental
2-21 health facility or to a federal agency.
2-22 (d) <(c)> A county is entitled to reimbursement for costs
2-23 actually paid by the county from:
2-24 (1) the patient; or
2-25 (2) a person or estate liable for the patient's
3-1 support in a department mental health facility.
3-2 (e) <(d)> The state shall pay the cost of transporting a
3-3 discharged or furloughed patient to the patient's home or of
3-4 returning a patient absent without authority unless the patient or
3-5 someone responsible for the patient is able to pay the costs.
3-6 (f) <(e)> A proposed patient's county of residence shall pay
3-7 the court-approved expenses incurred under Section 574.010 if
3-8 ordered by the court under that section.
3-9 (g) <(f)> A judge who holds hearings at locations other than
3-10 the county courthouse is entitled to additional compensation as
3-11 provided by Sections 574.031(h) and (i).
3-12 (h) <(g)> The state or a county may not pay any costs for a
3-13 patient committed to a private mental hospital unless:
3-14 (1) a public facility is not available; and
3-15 (2) the commissioners court of the county authorizes
3-16 the payment, if appropriate.
3-17 (i) <(h)> The county may not require a person other than the
3-18 patient to pay any costs associated with a hearing or proceeding
3-19 under this subtitle, including a filing fee or other court costs
3-20 imposed under Chapter 118, Local Government Code, Chapter 51,
3-21 Government Code, or other law, unless the county first determines
3-22 that:
3-23 (1) the costs relate to services provided or to be
3-24 provided in a private mental hospital; or
3-25 (2) the person charged with the costs is a person or
4-1 estate liable for the patient's support in a department mental
4-2 health facility.
4-3 SECTION 4. Section 574.001, Health and Safety Code, is
4-4 amended to read as follows:
4-5 Sec. 574.001. Application for Court-Ordered Mental Health
4-6 Services. (a) A county or district attorney or other adult may
4-7 file a sworn written application for court-ordered mental health
4-8 services. Only the district or county attorney may file an
4-9 application that is not accompanied by a certificate of medical
4-10 examination.
4-11 (b) The application must be filed with the county clerk in
4-12 the county in which the proposed patient:
4-13 (1) resides;
4-14 (2) is found; or
4-15 (3) is receiving mental health services by court order
4-16 or under Subchapter A, Chapter 573.
4-17 (c) If the application is not filed in the county in which
4-18 the proposed patient resides, the court may, on request of the
4-19 proposed patient or the proposed patient's attorney and if good
4-20 cause is shown, transfer the application to that county.
4-21 (d) An application may be transferred to the county in which
4-22 the person is being detained under Subchapter B if the county to
4-23 which the application is to be transferred approves such transfer.
4-24 A transfer under this subsection does not preclude the proposed
4-25 patient from filing a motion to transfer under Subsection (c).
5-1 (e) An order transferring a criminal defendant against whom
5-2 all charges have been dismissed to the appropriate court for a
5-3 hearing on court-ordered mental health services in accordance with
5-4 Section 7, Article 46.02, Code of Criminal Procedure, serves as an
5-5 application under this section. The order must state that all
5-6 charges have been dismissed.
5-7 SECTION 5. Section 574.008, Health and Safety Code, is
5-8 amended to read as follows:
5-9 Sec. 574.008. Court Jurisdiction and Transfer. (a) A
5-10 proceeding under Subchapter C or E must be held in the statutory or
5-11 constitutional county court that has the jurisdiction of a probate
5-12 court in mental illness matters.
5-13 (b) If the hearing is to be held in a county court in which
5-14 the judge is not a licensed attorney, the proposed patient or the
5-15 proposed patient's attorney may request that the proceeding be
5-16 transferred to a court with a judge who is licensed to practice law
5-17 in this state. The county judge shall transfer the case after
5-18 receiving the request and the receiving court shall hear the case
5-19 as if it had been originally filed in that court.
5-20 (c) If a patient is receiving temporary inpatient mental
5-21 health services in a county other than the county <in which the
5-22 court> that initiated the court-ordered inpatient mental health
5-23 services <entered the temporary order is located> and the patient
5-24 requires extended inpatient mental health services, the county in
5-25 which the proceedings originated <the original order was issued>
6-1 shall pay the expenses of transporting the patient back to the
6-2 county for the hearing unless the court that entered the temporary
6-3 order arranges with the appropriate court in the county in which
6-4 the patient is receiving services to hold the hearing on
6-5 court-ordered extended inpatient mental health services before the
6-6 original order expires.
6-7 (d) If an order for outpatient services designates that such
6-8 services be provided in a county other than the county in which the
6-9 order was initiated, the court shall transfer the case to the
6-10 appropriate court in the county in which the services are being
6-11 provided. That court shall thereafter have exclusive, continuing
6-12 jurisdiction of the case, including the receipt of the general
6-13 treatment program required by Section 574.037(b).
6-14 SECTION 6. Section 574.102, Health and Safety Code, is
6-15 amended to read as follows:
6-16 Sec. 574.102. APPLICATION OF SUBCHAPTER. This subchapter
6-17 applies only to the application of medication to a patient subject
6-18 to an order for inpatient mental health services under Section
6-19 574.034 or 574.035 <who is receiving those services in a mental
6-20 health facility operated or funded by the department>.
6-21 SECTION 7. Section 574.104, Health and Safety Code, is
6-22 amended to read as follows:
6-23 Sec. 574.104. PHYSICIAN'S APPLICATION <PETITION> FOR ORDER
6-24 TO AUTHORIZE <COMPEL> PSYCHOACTIVE MEDICATION; DATE OF HEARING.
6-25 (a) A physician who is treating a patient may, on behalf of the
7-1 state, file an application in <petition> a probate court or a court
7-2 with probate jurisdiction for an order to authorize the
7-3 administration of a psychoactive medication regardless of the
7-4 patient's refusal if:
7-5 (1) the physician believes that the patient lacks the
7-6 capacity to make a decision regarding the administration of the
7-7 psychoactive medication;
7-8 (2) the physician determines that the medication is
7-9 the proper course of treatment for the patient; <and>
7-10 (3) the patient is under an order for temporary or
7-11 extended mental health services under Section 574.034 or 574.035 or
7-12 an application for court-ordered mental health services under
7-13 Section 574.034 or 574.035 has been filed for the patient; and
7-14 (4) the patient, verbally or by other indication,
7-15 refuses to take the medication voluntarily.
7-16 (b) An application <A petition> filed under this section
7-17 must state:
7-18 (1) that the physician believes that the patient lacks
7-19 the capacity to make a decision regarding administration of the
7-20 psychoactive medication and the reasons for that belief;
7-21 (2) each medication the physician wants the court to
7-22 compel the patient to take;
7-23 (3) whether an application for court-ordered mental
7-24 health services under Section 574.034 or 574.035 has been filed or
7-25 the current order for inpatient mental health services for the
8-1 patient was issued under Section 574.034 or under Section 574.035;
8-2 and
8-3 (4) the physician's diagnosis of the patient.
8-4 (c) An application <A petition> filed under this section is
8-5 separate from an application for court-ordered mental health
8-6 services.
8-7 (d) <The court with which a petition is filed under this
8-8 section shall set a hearing on the petition to be held not later
8-9 than the seventh day after the date the petition is filed.> The
8-10 hearing on the application <petition> may be held on the date of a
8-11 hearing on an application for court-ordered <extended> mental
8-12 health services under Section 574.034 or 574.035 but shall be held
8-13 not later than 30 days after the filing of the application for the
8-14 order to authorize psychoactive medication. If the hearing is not
8-15 held on the same day as the application for court-ordered mental
8-16 health services under Section 574.034 or 574.035 and the patient is
8-17 transferred to a mental health facility in another county, the
8-18 court may transfer the application for an order to authorize
8-19 psychoactive medication to the county where the patient has been
8-20 transferred. <The hearing on the petition may not be held on the
8-21 date of a hearing on an application for court-ordered temporary
8-22 mental health services under Section 574.034 unless the patient and
8-23 the patient's attorney agree in writing to have the hearing on that
8-24 date.>
8-25 (e) Subject to the requirement in Subsection (d) that the
9-1 hearing shall be held not later than 30 days after the filing of
9-2 the application, the <The> court may grant one continuance on a
9-3 party's motion and for good cause shown. The court may grant more
9-4 than one continuance only with the agreement of the parties.
9-5 SECTION 8. Section 574.105, Health and Safety Code, is
9-6 amended to read as follows:
9-7 Sec. 574.105. Rights of Patient. A patient for whom an
9-8 application <a petition> for an order to authorize the
9-9 administration of a psychoactive medication is filed is entitled
9-10 to:
9-11 (1) representation by a court-appointed attorney who
9-12 is knowledgeable about issues to be adjudicated at the hearing;
9-13 (2) meet with that attorney as soon as is practicable
9-14 to prepare for the hearing and to discuss any of the patient's
9-15 questions or concerns;
9-16 (3) receive, immediately after the time of the hearing
9-17 is set, a copy of the application <petition> and written notice of
9-18 the time, place, and date of the hearing;
9-19 (4) be told, at the time personal notice of the
9-20 hearing is given, of the patient's right to a hearing and right to
9-21 the assistance of an attorney to prepare for the hearing and to
9-22 answer any questions or concerns;
9-23 (5) be present at the hearing;
9-24 (6) request from the court an independent expert; and
9-25 (7) oral notification, at the conclusion of the
10-1 hearing, of the court's determinations of the patient's capacity
10-2 and best interests.
10-3 SECTION 9. Section 574.106, Health and Safety Code, is
10-4 amended to read as follows:
10-5 Sec. 574.106. Hearing on Patient's Capacity and Order
10-6 Authorizing Psychoactive Medication. (a) The court may issue an
10-7 order authorizing the administration of one or more classes of
10-8 psychoactive medication only if the court finds by clear and
10-9 convincing evidence after the hearing that:
10-10 (1) the patient is under an order for temporary or
10-11 extended mental health services under Section 574.034 or 574.035;
10-12 (2) the patient lacks the capacity to make a decision
10-13 regarding the administration of the proposed medication; and
10-14 (3) <(2)> treatment with the proposed medication is in
10-15 the best interest of the patient.
10-16 (b) In making its findings, the court shall consider:
10-17 (1) the patient's expressed preferences regarding
10-18 treatment with psychoactive medication;
10-19 (2) the patient's religious beliefs;
10-20 (3) the risks and benefits, from the perspective of
10-21 the patient, of taking psychoactive medication;
10-22 (4) the consequences to the patient if the
10-23 psychoactive medication is not administered;
10-24 (5) the prognosis for the patient if the patient is
10-25 treated with psychoactive medication; and
11-1 (6) alternatives to treatment with psychoactive
11-2 medication.
11-3 (c) A hearing under this subchapter shall be conducted on
11-4 the record by the probate judge or judge with probate jurisdiction,
11-5 except as provided by Subsection (d).
11-6 (d) A judge may refer a hearing to a magistrate or
11-7 court-appointed master who has training regarding psychoactive
11-8 medications. The magistrate or master may effectuate the notice,
11-9 set hearing dates, and appoint attorneys as required in this
11-10 subchapter. A record is not required if the hearing is held by a
11-11 magistrate or court-appointed master.
11-12 (e) A party is entitled to a hearing de novo by the judge if
11-13 an appeal of the magistrate's or master's report is filed with the
11-14 court within three days after the report is issued. The hearing de
11-15 novo shall be held within 30 days of the filing of the application
11-16 for an order to authorize psychoactive medication.
11-17 (f) If a hearing or an appeal of a master's or magistrate's
11-18 report is to be held in a county court in which the judge is not a
11-19 licensed attorney, the proposed patient or the proposed patient's
11-20 attorney may request that the proceeding be transferred to a court
11-21 with a judge who is licensed to practice law in this state. The
11-22 county judge shall transfer the case after receiving the request,
11-23 and the receiving court shall hear the case as if it had been
11-24 originally filed in that court.
11-25 (g) As soon as practicable after the conclusion of the
12-1 hearing, the patient is entitled to have provided to the patient
12-2 and the patient's attorney written notification of the court's
12-3 determinations under this section. The notification shall include
12-4 a statement of the evidence on which the court relied and the
12-5 reasons for the court's determinations.
12-6 (h) An order entered under this section shall authorize the
12-7 administration to a patient, regardless of the patient's refusal,
12-8 of one or more classes of psychoactive medications specified in the
12-9 application <petition> and consistent with the patient's diagnosis.
12-10 The order shall permit an increase or decrease in a medication's
12-11 dosage, restitution of medication authorized but discontinued
12-12 during the period the order is valid, or the substitution of a
12-13 medication within the same class.
12-14 (i) The classes of psychoactive medications in the order
12-15 must conform to classes determined by the department.
12-16 (j) An order issued under this section may be reauthorized
12-17 or modified on the petition of a party. The order remains in
12-18 effect pending action on a petition for reauthorization or
12-19 modification. For the purpose of this subsection, "modification"
12-20 means a change of a class of medication authorized in the order.
12-21 SECTION 10. Sections 571.107, 574.108, and 574.109, Health
12-22 and Safety Code, are amended to read as follows:
12-23 Sec. 574.107. COSTS. The costs for hearings under this
12-24 subchapter shall be paid in accordance with Sections 571.017 and
12-25 571.018.
13-1 Sec. 574.108. APPEAL. (a) A patient may appeal an order
13-2 under this subchapter in the manner provided by Section 574.070 for
13-3 an appeal of an order requiring court-ordered mental health
13-4 services.
13-5 (b) An order authorizing the administration of medication
13-6 regardless of the refusal of the patient is effective pending an
13-7 appeal of the order.
13-8 Sec. 574.109 <574.108>. EFFECT OF ORDER. (a) A person's
13-9 consent to take a psychoactive medication is not valid and may not
13-10 be relied on if the person is subject to an order issued under
13-11 Section 574.106.
13-12 (b) The issuance of an order under Section 574.106 is not a
13-13 determination or adjudication of mental incompetency and does not
13-14 limit in any other respect that person's rights as a citizen or the
13-15 person's property rights or legal capacity.
13-16 Sec. 574.110 <574.109>. EXPIRATION <AND REVIEW> OF ORDER.
13-17 <(a) The court annually shall review an order issued under Section
13-18 574.106.>
13-19 <(b)> An order issued under Section 574.106 expires on the
13-20 expiration or termination date of the order for temporary or
13-21 extended mental health services in effect when the order for
13-22 psychoactive medication is issued.
13-23 SECTION 11. The importance of this legislation and the
13-24 crowded condition of the calendars in both houses create an
13-25 emergency and an imperative public necessity that the
14-1 constitutional rule requiring bills to be read on three several
14-2 days in each house be suspended, and this rule is hereby suspended,
14-3 and that this Act take effect and be in force from and after its
14-4 passage, and it is so enacted.