SRC-CDH C.S.H.B. 2951 75(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2951
By: Thompson (Ellis)
Jurisprudence
5-17-97
Committee Report (Substituted)


DIGEST 

Currently, a duly appointed guardian of an incapacitated person may not
voluntarily admit that person to a public or private inpatient psychiatric
facility or to a residential facility for care and treatment should the
person become ill.  In order to have the person admitted for treatment,
the guardian must apply for court-ordered mental health services.  If the
court finds that the person meets the criteria for court-ordered mental
health services, the court may issue an order for mental health services
which allows for the person to be involuntarily admitted to a psychiatric
hospital for care and treatment.  For the guardian's ward, this process
can be stressful, time consuming, and expensive, resulting in a delay of
needed treatment.  C.S.H.B. 2951 establishes a procedure permitting the
guardian of an incapacitated person who is ill enough to require
hospitalized treatment, but who does not meet the criteria for
court-ordered mental health services, to apply to the court for authority
to voluntarily admit the person to a public or private inpatient
psychiatric facility for care and treatment.  The court, following a
hearing, must only grant an application if the court finds that the
admission would be in the person's best interest and the admission is
medically necessary.  This court procedure provides an avenue for
obtaining needed hospital-based treatment for persons who have guardians,
but who do not meet the criteria for involuntary mental health services.   

PURPOSE

As proposed, C.S.H.B. 2951 establishes provisions regarding inpatient
mental health services for certain incapacitated persons. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 770, Texas Probate Code, by amending Subsection
(b), and adding Subsections (e) and (f), to authorize a guardian appointed
under Section 693(b) of this code with limited powers who has the
authority to make decisions on behalf of an incapacitated person, to apply
to the court that granted the guardianship for authority to voluntarily
admit the person to a public or private inpatient psychiatric facility
(facility) for care and treatment if the incapacitated person is in
agreement.  Authorizes a guardian of a totally incapacitated person
appointed under Section 693(a) of this code to apply to the court that
granted the guardianship for authority to voluntarily admit the person to
a facility for care and treatment.  Establishes the conditions under which
the court is required to issue an order approving or denying the
application.  Requires the person to be admitted if the court approves the
application.  Requires a licensed psychiatrist at a facility to make a
determination as to whether an incapacitated person admitted to the
facility is in need of court-ordered inpatient medical services, and sets
forth the terms by which the person is required to be released from the
facility if the psychiatrist determines that the person is not in need of
those services.  Requires a court to only grant an application if the
court finds, by convincing evidence, based on the oral testimony of at
least one licensed psychiatrist, that the admission is in the person's
best interest and is medically necessary. 

SECTION 2. Effective date:  September 1, 1997.

 SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 770, Texas Probate Code, to change the terms by which a
guardian who has the authority to make decisions on behalf of an
incapacitated person, may apply for authority to voluntarily admit the
person to a psychiatric facility for care and treatment.