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A BILL TO BE ENTITLED
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AN ACT
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relating to voluntary and involuntary mental health services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 572, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 572. VOLUNTARY [INPATIENT] MENTAL HEALTH SERVICES |
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SECTION 2. Section 572.001, Health and Safety Code, is |
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amended by amending Subsections (a), (c), and (d) and adding |
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Subsection (c-1) to read as follows: |
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(a) A person 16 years of age or older or a person younger |
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than 16 years of age who is or has been married may request |
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admission to an inpatient mental health facility or for outpatient |
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mental health services by filing a request with the administrator |
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of the facility where [to which] admission is requested. The |
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parent, managing conservator, or guardian of a person younger than |
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18 years of age who is not and has not been married may request the |
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admission of the person to an inpatient mental health facility or |
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for outpatient mental health services by filing a request with the |
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administrator of the facility where [to which] admission is |
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requested. |
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(c) A person or agency appointed as the guardian or a |
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managing conservator of a person younger than 18 years of age and |
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acting as an employee or agent of the state or a political |
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subdivision of the state may request admission of the person |
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younger than 18 years of age only with the person's consent. If the |
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person does not consent, the person may be admitted for inpatient or |
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outpatient services only pursuant to an application for |
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court-ordered mental health services or emergency detention or an |
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order for protective custody. |
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(c-1) A person younger than 18 years of age who is not and |
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has not been married may be involuntarily committed under this |
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subtitle only if the person may not be voluntarily admitted under |
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this chapter as provided by this chapter, other state law, or |
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department rule. |
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(d) The administrator of an inpatient or outpatient mental |
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health facility may admit a minor who is 16 years of age or older or |
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a person younger than 16 years of age who is or has been married to |
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an inpatient or outpatient mental health facility as a voluntary |
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patient without the consent of the parent, managing conservator, or |
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guardian. |
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SECTION 3. Section 572.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 572.002. ADMISSION. The facility administrator or the |
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administrator's authorized, qualified designee may admit a person |
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for whom a proper request for voluntary inpatient or outpatient |
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services is filed if the administrator or the designee determines: |
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(1) from a preliminary examination that the person has |
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symptoms of mental illness and will benefit from the inpatient or |
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outpatient services; |
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(2) that the person has been informed of the person's |
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rights as a voluntary patient; and |
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(3) that the admission was voluntarily agreed to: |
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(A) by the person, if the person is: |
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(i) 16 years of age or older; or |
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(ii) younger than 16 years of age and is or |
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has been married; or |
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(B) by the person's parent, managing |
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conservator, or guardian, if the person is younger than 18 years of |
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age and is not and has not been married. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |