| |
| |
| |
|
|
AN ACT
|
|
|
relating to voluntary and involuntary mental health services. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Chapter 572, Health and Safety |
|
|
Code, is amended to read as follows: |
|
|
CHAPTER 572. VOLUNTARY [INPATIENT] MENTAL HEALTH SERVICES |
|
|
SECTION 2. Section 572.001, Health and Safety Code, is |
|
|
amended by amending Subsections (a), (c), and (d) and adding |
|
|
Subsections (a-1) and (c-1) to read as follows: |
|
|
(a) A person 16 years of age or older [or a person younger
|
|
|
than 16 years of age who is or has been married] may request |
|
|
admission to an inpatient mental health facility or for outpatient |
|
|
mental health services by filing a request with the administrator |
|
|
of the facility where [to which] admission or outpatient treatment |
|
|
is requested. The parent, managing conservator, or guardian of a |
|
|
person younger than 18 years of age [who is not and has not been
|
|
|
married] may request the admission of the person to an inpatient |
|
|
mental health facility or for outpatient mental health services by |
|
|
filing a request with the administrator of the facility where [to
|
|
|
which] admission or outpatient treatment is requested. |
|
|
(a-1) Except as provided by Subsection (c), an inpatient |
|
|
mental health facility may admit or provide services to a person 16 |
|
|
years of age or older and younger than 18 years of age if the |
|
|
person's parent, managing conservator, or guardian consents to the |
|
|
admission or services, even if the person does not consent to the |
|
|
admission or services. |
|
|
(c) A person or agency appointed as the guardian or a |
|
|
managing conservator of a person younger than 18 years of age and |
|
|
acting as an employee or agent of the state or a political |
|
|
subdivision of the state may request admission of the person |
|
|
younger than 18 years of age only with the person's consent. If the |
|
|
person does not consent, the person may be admitted for inpatient |
|
|
services only pursuant to an application for court-ordered mental |
|
|
health services or emergency detention or an order for protective |
|
|
custody. |
|
|
(c-1) A person younger than 18 years of age may not be |
|
|
involuntarily committed unless provided by this chapter, other |
|
|
state law, or department rule. |
|
|
(d) The administrator of an inpatient or outpatient mental |
|
|
health facility may admit a minor who is 16 years of age or older [or
|
|
|
a person younger than 16 years of age who is or has been married] to |
|
|
an inpatient or outpatient mental health facility as a voluntary |
|
|
patient without the consent of the parent, managing conservator, or |
|
|
guardian. |
|
|
SECTION 3. Section 572.002, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 572.002. ADMISSION. The facility administrator or the |
|
|
administrator's authorized, qualified designee may admit a person |
|
|
for whom a proper request for voluntary inpatient or outpatient |
|
|
services is filed if the administrator or the designee determines: |
|
|
(1) from a preliminary examination that the person has |
|
|
symptoms of mental illness and will benefit from the inpatient or |
|
|
outpatient services; |
|
|
(2) that the person has been informed of the person's |
|
|
rights as a voluntary patient; and |
|
|
(3) that the admission was voluntarily agreed to: |
|
|
(A) by the person, if the person is[:
|
|
|
[(i)] 16 years of age or older; or |
|
|
[(ii)
younger than 16 years of age and is or
|
|
|
has been married; or] |
|
|
(B) by the person's parent, managing |
|
|
conservator, or guardian, if the person is younger than 18 years of |
|
|
age [and is not and has not been married]. |
|
|
SECTION 4. Chapter 572, Health and Safety Code, is amended |
|
|
by adding Section 572.0051 to read as follows: |
|
|
Sec. 572.0051. TRANSPORTATION OF PATIENT TO ANOTHER STATE. |
|
|
A person may not transport a patient to a mental health facility in |
|
|
another state for inpatient mental health services under this |
|
|
chapter unless transportation to that facility is authorized by a |
|
|
court order. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2013. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 718 passed the Senate on |
|
|
April 11, 2013, by the following vote: Yeas 31, Nays 0; and that |
|
|
the Senate concurred in House amendment on May 22, 2013, by the |
|
|
following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 718 passed the House, with |
|
|
amendment, on May 17, 2013, by the following vote: Yeas 132, |
|
|
Nays 2, two present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |