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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of an emergency room physician to hold a |
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person believed to have a mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 573, Health and Safety |
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Code, is amended by adding Section 573.005 to read as follows: |
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Sec. 573.005. EMERGENCY ROOM HOLD ON PERSON. (a) A |
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physician who is attending a person at a hospital emergency room may |
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hold the person at the hospital emergency room if the physician has |
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reason to believe and does believe that the person is mentally ill |
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and that because of that mental illness there is a substantial risk |
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of serious harm to the person or to others unless the person is |
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immediately restrained. The physician may hold the person at the |
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hospital emergency room for a period not to exceed 24 hours pending |
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the arrival of a representative of the local mental health |
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authority or a peace officer able to transport the person to an |
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inpatient mental health facility for a preliminary examination. |
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(b) If at any time the physician determines that the person |
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being held no longer presents a substantial risk of serious harm to |
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the person or to others, the physician immediately shall release |
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the person. |
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(c) If the physician holds or releases the person under this |
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section, the physician immediately shall notify the local mental |
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health authority of the circumstances. |
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(d) Section 573.025 and the rights provided by that section |
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apply to a person held under this section as if holding the person |
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under this section were a detention to which that section applies. |
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(e) It is an exception to prosecution under Section 20.02, |
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Penal Code, that the restraint of the person was in compliance with |
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this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |