HBA-CBW S.B. 1588 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1588
By: Moncrief
Public Health
5/7/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law requires a person taken into emergency detention because of
mental illness to be retained for only 24 hours; during which time the
person is required to receive both a medical and psychiatric evaluation.
In practice,  the medical evaluation and treatment phase of the evaluation
as well as the time spent waiting for evaluations takes up most of the
detention period,  leaving little time for the psychiatric evaluation.
Senate Bill 1588  provides that the 24-hour detention period does not
include any time during which the person is actually receiving necessary
care. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 1588 amends the Health and Safety Code to provide that the
24-hour period allowed for a preliminary examination of a person for whom
an application for detention has been filed includes any time the patient
spends waiting in a facility  for medical care before the person receives
the preliminary examination.  The bill provides that the period does not
include any time during which the person is actually receiving necessary
medical care in the facility's emergency room or emergency care in another
area of the facility. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.