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.