BILL ANALYSIS

 

 

 

S.B. 118

By: Uresti

Public Health

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

An individual considered appropriate for extended involuntary outpatient mental health services must have had at least 60 consecutive days of court-ordered inpatient mental health services within the preceding 12 months. With the number of authorized daybeds diminishing as a result of financial and institutional constraints, fewer consumers remain at a mental health facility for court-ordered inpatient mental health services in excess of 60 consecutive days. S.B. 118 seeks to ensure that a judge is able to assign lower-cost extended outpatient mental health services, if appropriate, to a proposed patient who has already been assigned involuntary inpatient or outpatient mental health services.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

S.B. 118 amends the Health and Safety Code to change from at least 60 consecutive days during the preceding 12 months to a total of at least 60 days during the preceding 12 months the minimum amount of time a proposed patient has received certain court-ordered inpatient mental health services before a judge is authorized to order the proposed patient to receive court-ordered extended outpatient mental health services. The bill includes in the conditions required for a judge to order the proposed patient to receive such services a finding that the proposed patient has received court-ordered outpatient mental health services during the preceding 60 days.

 

S.B. 118 specifies that a provision of law requiring an application for extended mental health services to state that the person has received court-ordered inpatient mental health services for at least 60 consecutive days during the preceding 12 months applies to an application for extended inpatient mental health services. The bill requires an application for extended outpatient mental health services to state that the person has received court-ordered inpatient mental health services for a total of at least 60 days during the preceding 12 months or court-ordered outpatient mental health services during the preceding 60 days.

 

EFFECTIVE DATE

 

September 1, 2011.