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A BILL TO BE ENTITLED
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AN ACT
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relating to the criteria for commitment of a person with mental |
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illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.003, Health and Safety Code, is |
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amended by adding Subdivision (7-a) to read as follows: |
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(7-a) "Gravely disabled" means a person who, as a |
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result of mental illness, is: |
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(A) suffering severe and ongoing mental, |
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emotional, or physical distress; |
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(B) in danger of serious physical harm or serious |
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illness due to the person's inability to function independently, |
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which is exhibited by the person's inability due to mental illness, |
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except for reasons of indigence, to provide for the person's basic |
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needs, including food, clothing, shelter, medical care, health, or |
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safety; and |
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(C) unable to make a rational and informed |
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decision as to whether to submit to treatment. |
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SECTION 2. Section 573.001(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A substantial risk of serious harm to the person or |
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others under Subsection (a)(1)(B) may be demonstrated by: |
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(1) the person's behavior; or |
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(2) evidence of the person being gravely disabled |
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[severe emotional distress and deterioration in the person's mental
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condition] to the extent that the person cannot remain at liberty. |
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SECTION 3. Section 573.003(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A substantial risk of serious harm to the ward or others |
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under Subsection (a)(2) may be demonstrated by: |
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(1) the ward's behavior; or |
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(2) evidence of the ward being gravely disabled |
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[severe emotional distress and deterioration in the ward's mental
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condition] to the extent that the ward cannot remain at liberty. |
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SECTION 4. Section 573.012(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) A substantial risk of serious harm to the person or |
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others under Subsection (b)(2) may be demonstrated by: |
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(1) the person's behavior; or |
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(2) evidence of the person being gravely disabled |
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[severe emotional distress and deterioration in the person's mental
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condition] to the extent that the person cannot remain at liberty. |
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SECTION 5. Section 573.022(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person may be admitted to a facility for emergency |
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detention only if the physician who conducted the preliminary |
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examination of the person makes a written statement that: |
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(1) is acceptable to the facility; |
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(2) states that after a preliminary examination it is |
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the physician's opinion that: |
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(A) the person is mentally ill; |
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(B) the person evidences a substantial risk of |
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serious harm to himself or others; |
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(C) the described risk of harm is imminent unless |
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the person is immediately restrained; and |
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(D) emergency detention is the least restrictive |
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means by which the necessary restraint may be accomplished; and |
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(3) includes: |
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(A) a description of the nature of the person's |
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mental illness; |
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(B) a specific description of the risk of harm |
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the person evidences that may be demonstrated either by the |
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person's behavior or by evidence of the person being gravely |
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disabled [severe emotional distress and deterioration in the
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person's mental condition] to the extent that the person cannot |
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remain at liberty; and |
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(C) the specific detailed information from which |
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the physician formed the opinion in Subdivision (2). |
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SECTION 6. Section 574.011(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) If the certificate is offered in support of a motion for |
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a protective custody order, the certificate must also include the |
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examining physician's opinion that the examined person presents a |
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substantial risk of serious harm to himself or others if not |
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immediately restrained. The harm may be demonstrated by the |
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examined person's behavior or by evidence of the person being |
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gravely disabled [severe emotional distress and deterioration in
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the examined person's mental condition] to the extent that the |
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examined person cannot remain at liberty. |
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SECTION 7. Section 574.022(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The determination that the proposed patient presents a |
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substantial risk of serious harm may be demonstrated by the |
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proposed patient's behavior or by evidence of the person being |
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gravely disabled [severe emotional distress and deterioration in
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the proposed patient's mental condition] to the extent that the |
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proposed patient cannot remain at liberty. |
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SECTION 8. Sections 574.034(a) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(a) The judge may order a proposed patient to receive |
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court-ordered temporary inpatient mental health services only if |
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the judge or jury finds, from clear and convincing evidence, that: |
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(1) the proposed patient is mentally ill; and |
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(2) as a result of that mental illness the proposed |
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patient: |
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(A) is likely to cause serious harm to himself; |
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(B) is likely to cause serious harm to others; or |
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(C) is gravely disabled [:
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[(i)
suffering severe and abnormal mental,
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emotional, or physical distress;
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[(ii)
experiencing substantial mental or
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physical deterioration of the proposed patient's ability to
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function independently, which is exhibited by the proposed
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patient's inability, except for reasons of indigence, to provide
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for the proposed patient's basic needs, including food, clothing,
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health, or safety; and
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[(iii)
unable to make a rational and
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informed decision as to whether or not to submit to treatment]. |
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(d) To be clear and convincing under Subsection (a), the |
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evidence must include expert testimony and, unless waived, evidence |
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of a recent overt act or a continuing pattern of behavior that tends |
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to confirm: |
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(1) the likelihood of serious harm to the proposed |
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patient or others; or |
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(2) the proposed patient being gravely disabled |
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[patient's distress and the deterioration of the proposed patient's
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ability to function]. |
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SECTION 9. Sections 574.035(a) and (e), Health and Safety |
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Code, are amended to read as follows: |
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(a) The judge may order a proposed patient to receive |
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court-ordered extended inpatient mental health services only if the |
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jury, or the judge if the right to a jury is waived, finds, from |
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clear and convincing evidence, that: |
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(1) the proposed patient is mentally ill; |
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(2) as a result of that mental illness the proposed |
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patient: |
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(A) is likely to cause serious harm to himself; |
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(B) is likely to cause serious harm to others; or |
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(C) is gravely disabled [:
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[(i)
suffering severe and abnormal mental,
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emotional, or physical distress;
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[(ii)
experiencing substantial mental or
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physical deterioration of the proposed patient's ability to
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function independently, which is exhibited by the proposed
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patient's inability, except for reasons of indigence, to provide
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for the proposed patient's basic needs, including food, clothing,
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health, or safety; and
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[(iii)
unable to make a rational and
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informed decision as to whether or not to submit to treatment]; |
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(3) the proposed patient's condition is expected to |
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continue for more than 90 days; and |
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(4) the proposed patient has received court-ordered |
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inpatient mental health services under this subtitle or under |
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Chapter 46B, Code of Criminal Procedure, for at least 60 |
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consecutive days during the preceding 12 months. |
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(e) To be clear and convincing under Subsection (a), the |
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evidence must include expert testimony and evidence of a recent |
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overt act or a continuing pattern of behavior that tends to confirm: |
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(1) the likelihood of serious harm to the proposed |
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patient or others; or |
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(2) the proposed patient being gravely disabled |
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[patient's distress and the deterioration of the proposed patient's
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ability to function]. |
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SECTION 10. This Act takes effect September 1, 2013. |