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.