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A BILL TO BE ENTITLED
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AN ACT
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relating to a court's authority to order a proposed patient to |
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receive extended outpatient mental health services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 574.035(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The judge may order a proposed patient to receive |
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court-ordered extended outpatient mental health services only if: |
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(1) the judge finds that appropriate mental health |
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services are available to the patient; and |
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(2) the jury, or the judge if the right to a jury is |
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waived, finds from clear and convincing evidence that: |
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(A) the proposed patient is mentally ill; |
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(B) the nature of the mental illness is severe |
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and persistent; |
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(C) as a result of the mental illness, the |
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proposed patient will, if not treated, continue to: |
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(i) suffer severe and abnormal mental, |
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emotional, or physical distress; and |
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(ii) experience deterioration of the |
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ability to function independently to the extent that the proposed |
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patient will be unable to live safely in the community without |
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court-ordered outpatient mental health services; |
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(D) the proposed patient has an inability to |
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participate in outpatient treatment services effectively and |
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voluntarily, demonstrated by: |
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(i) any of the proposed patient's actions |
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occurring within the two-year period which immediately precedes the |
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hearing; or |
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(ii) specific characteristics of the |
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proposed patient's clinical condition that make impossible a |
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rational and informed decision whether to submit to voluntary |
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outpatient treatment; |
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(E) the proposed patient's condition is expected |
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to continue for more than 90 days; and |
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(F) the proposed patient has received: |
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(i) court-ordered inpatient mental health |
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services under this subtitle or under Subchapter D or E, Chapter |
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46B, Code of Criminal Procedure, for a total of at least 60 |
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[consecutive] days during the preceding 12 months; or |
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(ii) court-ordered outpatient mental |
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health services under this subtitle or under Subchapter D or E, |
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Chapter 46B, Code of Criminal Procedure, during the preceding 60 |
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days. |
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SECTION 2. Section 574.002(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The application must state whether the application is |
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for temporary or extended mental health services. An application |
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for extended inpatient mental health services must state that the |
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person has received court-ordered inpatient mental health services |
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under this subtitle or under Subchapter D or E, Chapter 46B, Code of |
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Criminal Procedure, for at least 60 consecutive days during the |
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preceding 12 months. An application for extended outpatient mental |
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health services must state that the person has received: |
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(1) court-ordered inpatient mental health services |
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under this subtitle or under Subchapter D or E, Chapter 46B, Code of |
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Criminal Procedure, for a total of at least 60 days during the |
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preceding 12 months; or |
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(2) court-ordered outpatient mental health services |
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under this subtitle or under Subchapter D or E, Chapter 46B, Code of |
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Criminal Procedure, during the preceding 60 days. |
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SECTION 3. This Act takes effect September 1, 2011. |