By Haywood                                       S.B. No. 895

      75R7384 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to notification of the discharge or furlough of certain

 1-3     patients from mental health facilities.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 574, Health and Safety Code, is amended

 1-6     by adding Subchapter H to read as follows:

 1-7            SUBCHAPTER H.  NOTIFICATION OF DISCHARGE OR FURLOUGH

 1-8                      OF POTENTIALLY DANGEROUS PATIENT

 1-9           Sec. 574.151.  HEARING REQUIRED BEFORE DISCHARGE OF

1-10     POTENTIALLY DANGEROUS PATIENT.  For purposes of notifying persons

1-11     who might be endangered by the discharge or furlough of a

1-12     potentially dangerous patient, a hearing must be held before a

1-13     facility administrator may discharge or furlough a patient who has

1-14     been determined by a physician treating the patient to pose a

1-15     serious threat of harm to others and who:

1-16                 (1)  has a violent nature; or

1-17                 (2)  has prior arrests or convictions for offenses

1-18     under Title 5, Penal Code.

1-19           Sec. 574.152.  PERSONS ENTITLED TO NOTICE.  (a)  The

1-20     following persons are entitled to notice of the discharge or

1-21     furlough of a potentially dangerous patient:

1-22                 (1)  a person related to the patient within the second

1-23     degree of consanguinity or affinity, as determined under Chapter

1-24     573, Government Code;

 2-1                 (2)  a physician or a non-physician mental health

 2-2     professional who participated in treating the patient;

 2-3                 (3)  a mental health facility employee who participated

 2-4     in treating the patient or otherwise had regular contact with the

 2-5     patient;

 2-6                 (4)  a law enforcement officer or corrections officer

 2-7     who had contact with the patient before the patient was committed

 2-8     under this chapter;

 2-9                 (5)  a person who was the victim of conduct by the

2-10     patient that constitutes an offense under Title 5, Penal Code; or

2-11                 (6)  a person who has filed a written request with the

2-12     department requesting to be notified of the patient's release or

2-13     furlough.

2-14           (b)  The department shall adopt a procedure to maintain

2-15     records of persons entitled to notification under this section.

2-16           Sec. 574.153.  REVIEW BOARD. (a)  The review board appointed

2-17     by the commissioner under Section 8(a), Article 46.02, Code of

2-18     Criminal Procedure, shall conduct a hearing under this subchapter.

2-19           (b)  A person who has participated in treating the patient or

2-20     who has otherwise had regular contact with the patient is not

2-21     eligible to serve on the review board conducting a hearing   under

2-22     this subchapter.

2-23           Sec. 574.154.  DATE OF HEARING.  A hearing under this

2-24     subchapter shall be held not later than the 30th day before the

2-25     date on which the patient is to be discharged or furloughed.

2-26           Sec. 574.155.  RIGHTS OF PATIENT.  A patient who is the

2-27     subject of a hearing under this subchapter is entitled to:

 3-1                 (1)  representation by an attorney retained by the

 3-2     patient or appointed as provided by Section 574.003 who is

 3-3     knowledgeable about the issues to be adjudicated at the hearing;

 3-4                 (2)  meet with that attorney as soon as practicable to

 3-5     prepare for the hearing and to discuss any of the patient's

 3-6     questions or concerns;

 3-7                 (3)  receive, immediately after the time of the hearing

 3-8     is set and not later than the 15th day before the date of the

 3-9     hearing,  written notice of the date, time, and place of the

3-10     hearing;

3-11                 (4)  be told, at the time personal notice of the

3-12     hearing is given, of the patient's right to a hearing and right to

3-13     the assistance of an attorney to prepare for the hearing and to

3-14     answer any questions or concerns;

3-15                 (5)  be present at the hearing; and

3-16                 (6)  oral notification, at the conclusion of the

3-17     hearing, of the review board's determination of whether

3-18     notification under this subchapter is required.

3-19           Sec. 574.156.  HEARING.  (a)  At the hearing, the review

3-20     board shall determine whether the patient poses a serious threat of

3-21     harm to others.

3-22           (b)  The review board shall consider the past treatment and

3-23     the mental health background of the patient, as presented by a

3-24     physician treating the patient. The review board may also consider

3-25     an evaluation of the patient's condition that is conducted for the

3-26     purpose of the hearing.

3-27           Sec. 574.157.  DETERMINATION.  (a)  If the review board

 4-1     determines that the patient poses a serious threat of harm to

 4-2     others, the board shall:

 4-3                 (1)  instruct the facility administrator to notify each

 4-4     person entitled to notice under Section 574.152 of the person's

 4-5     discharge or furlough; and

 4-6                 (2)  recommend to the appropriate prosecuting attorney

 4-7     that the attorney seek a protective order under Chapter 71, Family

 4-8     Code, for the protection of a person described by Section

 4-9     574.152(1), if appropriate.

4-10           (b)  If the review board determines that the patient does not

4-11     pose a serious threat of harm to others:

4-12                 (1)  the board shall inform the facility administrator

4-13     of its determination; and

4-14                 (2)  the facility administrator may not notify a person

4-15     that the patient is to be discharged or furloughed, except as

4-16     required by Subchapter F.

4-17           Sec. 574.158.  COSTS.  The costs for a hearing under this

4-18     subchapter shall be paid in accordance with Sections 571.017 and

4-19     571.018.

4-20           Sec. 574.159.  APPEAL.  (a)  A patient may appeal a

4-21     determination of a review board under this subchapter to the

4-22     appropriate statutory or constitutional county court that has the

4-23     jurisdiction of a probate court in mental illness matters.  The

4-24     appeal must be filed not later than the 10th day after the date the

4-25     review board announces its determination.  An appeal under this

4-26     subsection is by trial de novo.

4-27           (b)  A patient may appeal a decision in an appeal under

 5-1     Subsection (a) in the manner provided by Section 574.070 for an

 5-2     appeal of an order requiring court-ordered mental health services.

 5-3           (c)  Pending an appeal under this section, a facility

 5-4     administrator may not notify a person that the patient is to be

 5-5     discharged or furloughed, except as required by Subchapter F.  If

 5-6     the court order under which the patient was committed expires while

 5-7     an appeal is pending under this section, the facility administrator

 5-8     shall discharge the patient and, except as required by Subchapter

 5-9     F, may not notify a person of the discharge until it is affirmed on

5-10     appeal that the patient poses a serious threat of harm to others.

5-11           (d)  A decision that a patient does not pose a serious threat

5-12     of harm to others may not be appealed.

5-13           Sec. 574.160.  NOTIFICATION CONCERNING CERTAIN PATIENTS.

5-14     Notwithstanding Section 574.157(b) or 574.159(c), a facility

5-15     administrator may notify the following persons that a patient is to

5-16     be discharged or furloughed:

5-17                 (1)  the patient's parent, if the patient is a minor;

5-18                 (2)  the patient's guardian, if the patient is the

5-19     subject of a guardianship; or

5-20                 (3)  each managing and possessory conservator that has

5-21     been appointed for the patient.

5-22           Sec. 574.161.  RULES.  The department may adopt rules to

5-23     implement this subchapter.

5-24           SECTION 2.  This Act takes effect September 1, 1997.

5-25           SECTION 3.  Subchapter H, Chapter 574, Health and Safety

5-26     Code, as added by this Act, applies only to the discharge or

5-27     furlough of a patient under Chapter 574, Health and Safety Code,

 6-1     that occurs on or after October 1, 1997.

 6-2           SECTION 4.  The importance of this legislation and the

 6-3     crowded condition of the calendars in both houses create an

 6-4     emergency and an imperative public necessity that the

 6-5     constitutional rule requiring bills to be read on three several

 6-6     days in each house be suspended, and this rule is hereby suspended.