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A BILL TO BE ENTITLED
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AN ACT
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relating to certain persons receiving mental health services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 575 of the Health and Safety Code is |
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amended by adding Subchapter C to read as follows: |
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SUBCHAPTER C. TRANSFER FOR MEDICAL TREATMENT |
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Sec. 575.031. TEMPORARY TRANSFER FOR MEDICAL TREATMENT. |
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(a) The facility administrator of an inpatient mental health |
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facility to which a patient has been admitted for court-ordered |
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inpatient mental health care services or in which a patient or |
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proposed patient is being detained under a protective custody or |
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detention order may temporarily transfer the patient or proposed |
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patient to a hospital if, in the opinion of a physician, the patient |
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or proposed patient needs immediate medical care or treatment. |
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(b) After receiving medical care or treatment, the hospital |
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shall return the patient or proposed patient to the inpatient |
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mental health facility where the patient or proposed patient was |
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committed or detained unless the order under which the patient or |
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proposed patient was committed or detained has expired or been |
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otherwise terminated. |
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(c) An order for mental health services or a protective |
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custody order may be renewed as provided by this chapter while a |
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patient or proposed patient is receiving services in a hospital |
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under this section. |
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SECTION 8. Section 770, Texas Probate Code, is amended by |
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amending Subsection (b) and adding Subsection (e) to read as |
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follows: |
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(b) Except as provided by Subsection (c), [or] (d), or (e)
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of this section, a guardian may not voluntarily admit an |
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incapacitated person to a public or private in-patient psychiatric |
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facility or to a residential facility operated by the Texas |
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Department of Mental Health and Mental Retardation for care and |
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treatment. If care and treatment in a psychiatric or a residential |
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facility are necessary, the person or the person's guardian may: |
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(1) apply for services under Section 593.027 or |
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593.028, Health and Safety Code; |
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(2) apply to a court to commit the person under |
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Subtitle D, Title 7, Health and Safety Code (Persons with Mental |
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Retardation Act), Subtitle C, Title 7, Health and Safety Code |
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(Texas Mental Health Code), or Chapter 462, Health and Safety Code; |
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or |
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(3) transport the ward to an inpatient mental health |
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facility for a preliminary examination in accordance with |
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Subchapters A and C, Chapter 573, Health and Safety Code. |
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(e) A guardian of a person 16 years of age or older whose |
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primary incapacity is an intellectual disability and whose mental |
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age is younger than 16 years of age may voluntarily admit the person |
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to a public or private inpatient psychiatric facility for care and |
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treatment for a period not to exceed 14 days. The guardian and the |
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facility administrator shall immediately file written notice with |
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the court of an admission under this subsection. |
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SECTION 9. This Act takes effect September 1, 2011. |