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A BILL TO BE ENTITLED
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AN ACT
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relating to the date of a hearing on an application for an order to |
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authorize psychoactive medication for a person receiving inpatient |
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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 574.104, Health and Safety Code, is |
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amended by amending Subsections (d) and (e) and adding Subsections |
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(d-1) and (f) to read as follows: |
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(d) The hearing on an [the] application for an order to |
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authorize psychoactive medication shall [may] be held: |
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(1) if the patient is under a court order for inpatient |
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mental health services under this chapter or other law, not later |
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than five business days after the filing of the application for an |
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order to authorize psychoactive medication; or |
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(2) if an application for court-ordered mental health |
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services under Section 574.034 or 574.035 has been filed for the |
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patient: |
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(A) on the date of a hearing on that [an] |
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application; or |
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(B) on a showing of good cause why the hearing |
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cannot or should not be held on the date prescribed by Paragraph |
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(A), [for court-ordered mental health services under Section
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574.034 or 574.035 but shall be held] not later than five business |
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[30] days after the filing of the application for the order to |
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authorize psychoactive medication. |
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(d-1) If the hearing is not held on the same day as the |
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application for court-ordered mental health services under Section |
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574.034 or 574.035 and the patient is transferred to a mental health |
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facility in another county, the court may transfer the application |
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for an order to authorize psychoactive medication to the county |
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where the patient has been transferred. |
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(e) Subject to the requirement in Subsection (d) that the |
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hearing shall be held on the date of a hearing on an application for |
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court-ordered mental health services under Section 574.034 or |
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574.035 or not later than five business [30] days after the filing |
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of the application for an order to authorize psychoactive |
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medication, the court may grant one continuance on a party's motion |
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or [and] for good cause shown. The court may grant more than one |
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continuance only with the agreement of the parties. |
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(f) Nothing in this section shall be construed to require a |
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physician to file an application for an order to authorize |
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psychoactive medication for a patient for whom an application for |
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court-ordered mental health services under Section 574.034 or |
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574.035 has been filed. |
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SECTION 2. The changes in law made by this Act to Section |
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574.104, Health and Safety Code, apply only to an application to |
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authorize the administration of certain medication that is filed on |
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or after the effective date of this Act. An application to |
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authorize the administration of certain medication that is filed |
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before the effective date of this Act is governed by the law in |
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effect on the date on which the application was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |