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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain persons to follow certain plans and |
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receive certain mental health services on release or discharge from |
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an inpatient mental health facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.023, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsections (c), (d), |
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and (e) to read as follows: |
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(b) Except as provided by Subsections (c) and (d), a [A] |
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person admitted to a facility under Section 573.022 shall be |
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released if the facility administrator determines at any time |
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during the emergency detention period that one of the criteria |
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prescribed by Section 573.022(2) no longer applies. |
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(c) If the person has received involuntary inpatient mental |
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health services six or more times in the year preceding the date the |
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person was admitted to the facility and may be released under |
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Subsection (b), the physician responsible for the person's |
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treatment shall prepare a continuing care plan for the person and |
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the facility shall apply to the court that issued the warrant or |
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another court having probate jurisdiction in the county for an |
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order to compel the person to follow the continuing care plan for 90 |
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days. In accordance with the continuing care plan, the court may |
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order the person to: |
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(1) receive treatment with psychoactive medication; |
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(2) participate in counseling; and |
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(3) refrain from the use of alcohol or illicit drugs. |
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(d) The court may renew an order issued under Subsection (c) |
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one or more times for an additional 90 days if the court finds that |
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renewal is in the best interest of the person. |
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(e) If a person fails to follow the requirements of the |
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continuing care plan, the judge that issued the order requiring the |
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plan may issue a warrant for the person's apprehension in |
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accordance with Section 573.012. |
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SECTION 2. Section 574.034, Health and Safety Code, is |
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amended by amending Subsection (i) and adding Subsections (j) and |
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(k) to read as follows: |
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(i) Except as provided by Subsection (j), a [A] judge may |
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advise, but may not compel, the proposed patient to: |
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(1) receive treatment with psychoactive medication as |
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specified by the outpatient mental health services treatment plan; |
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(2) participate in counseling; and |
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(3) refrain from the use of alcohol or illicit drugs. |
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(j) If the proposed patient has received involuntary |
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inpatient mental health services six or more times in the year |
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preceding the date the order is issued, the judge may compel the |
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proposed patient to: |
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(1) receive treatment with psychoactive medication as |
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specified by the outpatient mental health services treatment plan; |
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(2) participate in counseling; and |
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(3) refrain from the use of alcohol or illicit drugs. |
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(k) If a patient fails to follow the requirements of the |
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outpatient mental health services treatment plan, the judge of the |
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court that issued the order may issue a warrant for the patient's |
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apprehension in accordance with Section 573.012. |
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SECTION 3. Section 574.081, Health and Safety Code, is |
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amended by amending Subsection (f) and adding Subsections (i) and |
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(j) to read as follows: |
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(f) Except as provided by Subsections (i) and (j), a [A] |
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patient who is to be discharged may refuse the continuing care |
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services. |
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(i) If a patient received involuntary inpatient mental |
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health services six or more times in the year preceding the date the |
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commitment order was issued, the facility shall apply to the court |
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that entered the order committing the person for an order to compel |
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the patient to follow the continuing care plan for 90 days. In |
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accordance with the continuing care plan, the judge may order the |
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patient to: |
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(1) receive treatment with psychoactive medication; |
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(2) participate in counseling; and |
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(3) refrain from the use of alcohol or illicit drugs. |
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(j) The court may renew an order issued under Subsection (i) |
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one or more times for an additional 90 days if the court finds that |
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renewal is in the best interest of the patient. |
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SECTION 4. This Act takes effect September 1, 2011. |