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.