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A BILL TO BE ENTITLED
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AN ACT
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relating to the discharge and court-ordered treatment of certain |
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patients with mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 574.034(i), Health and Safety Code, is |
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amended to read as follows: |
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(i) A judge may advise, but may not compel, the proposed |
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patient to: |
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(1) [receive treatment with psychoactive medication
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as specified by the outpatient mental health services treatment
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plan;
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[(2)] participate in counseling; and |
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(2) [(3)] refrain from the use of alcohol or illicit |
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drugs. |
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SECTION 2. Section 574.035(j), Health and Safety Code, is |
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amended to read as follows: |
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(j) A judge may advise, but may not compel, the proposed |
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patient to: |
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(1) [receive treatment with psychoactive medication
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as specified by the outpatient mental health services treatment
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plan;
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[(2)] participate in counseling; and |
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(2) [(3)] refrain from the use of alcohol or illicit |
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drugs. |
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SECTION 3. Section 574.086, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 574.086. DISCHARGE BEFORE EXPIRATION OF COURT ORDER. |
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(a) Except as otherwise provided by this section, the [The] |
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facility administrator of a facility to which a patient was |
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committed for inpatient mental health services or the person |
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responsible for providing outpatient mental health services may |
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discharge the patient at any time before the court order expires if |
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the facility administrator or person determines that the patient no |
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longer meets the criteria for court-ordered mental health services. |
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(b) The facility administrator of a facility to which the |
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patient was committed for inpatient mental health services shall |
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consider before discharging the patient whether the patient should |
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not be discharged but instead should receive outpatient |
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court-ordered mental health services in accordance with[:
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[(1)] a furlough under Section 574.082[; or
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[(2)
a modified order under Section 574.061 that
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directs the patient to participate in outpatient mental health
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services]. |
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(c) A discharge under this section [Subsection (a)] |
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terminates the court order, and the person discharged may not be |
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required to submit to involuntary mental health services unless a |
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new court order is entered in accordance with this subtitle. |
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(c-1) If the facility administrator determines that the |
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patient should not be furloughed and that the patient meets the |
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criteria for court-ordered temporary outpatient mental health |
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services under Section 574.034(b), the facility administrator |
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shall file a notice of proposed discharge with the committing court |
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in accordance with Subsection (d). |
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(d) The notice of proposed discharge must include: |
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(1) a detailed description of the reasons for the |
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proposed discharge; and |
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(2) a certificate of mental examination for mental |
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illness that is completed by a physician who examined the patient |
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not later than the seventh day before the date the notice is filed |
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with the court. |
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(e) Not later than the 10th day after the date a notice is |
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filed with the court under Subsection (d), the court may conduct a |
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hearing to review the proposed discharge and determine whether: |
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(1) the patient should be discharged; |
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(2) the patient should remain in the facility under |
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the order for court-ordered inpatient mental health services; or |
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(3) the order for court-ordered inpatient mental |
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health services should be modified to require the patient to |
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participate in outpatient mental health services. |
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(f) If the court schedules a hearing, the court shall: |
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(1) provide notice of the hearing to the facility |
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administrator not later than 72 hours after the notice was filed; |
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and |
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(2) conduct the hearing in the manner prescribed by |
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Section 574.061. |
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(g) If the facility administrator does not receive notice of |
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a scheduled hearing from the committing court not later than 72 |
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hours after filing a notice of proposed discharge, the facility |
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administrator may discharge the patient for whom the facility |
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administrator filed the notice. |
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SECTION 4. Section 574.106(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The court may issue an order authorizing the |
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administration of one or more classes of psychoactive medication to |
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a patient who: |
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(1) is under a court order to receive [inpatient] |
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mental health services; or |
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(2) is in custody awaiting trial in a criminal |
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proceeding and was ordered to receive inpatient mental health |
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services in the six months preceding a hearing under this section. |
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SECTION 5. Section 574.086, Health and Safety Code, as |
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amended by this Act, applies only to the discharge of a patient |
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receiving court-ordered inpatient or outpatient mental health |
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services that occurs on or after the effective date of this Act. |
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The discharge of a patient receiving court-ordered inpatient or |
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outpatient mental health services that occurred before the |
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effective date of this Act is governed by the law in effect at the |
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time the patient was discharged, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. 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, 2009. |