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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain facilities to temporarily |
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detain a person with mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter A, Chapter 573, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER A. APPREHENSION, [BY PEACE OFFICER OR] |
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TRANSPORTATION, OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER |
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[FOR EMERGENCY DETENTION BY GUARDIAN] |
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SECTION 2. Subchapter A, Chapter 573, Health and Safety |
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Code, is amended by adding Section 573.005 to read as follows: |
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Sec. 573.005. TEMPORARY DETENTION BY CERTAIN FACILITIES. |
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(a) In this section, "facility" means: |
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(1) a mental health facility; |
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(2) a hospital licensed under Chapter 241; and |
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(3) a freestanding emergency medical care facility |
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licensed under Chapter 254. |
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(b) A facility that is examining or treating a person who |
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requested treatment from the facility may detain the person as |
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provided by Subsection (c) if: |
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(1) the person expresses a desire to leave the |
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facility or attempts to leave the facility before the examination |
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or treatment is completed; and |
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(2) the facility: |
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(A) has reason to believe and does believe that: |
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(i) the person has a mental illness; and |
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(ii) because of that mental illness there |
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is a substantial risk of serious harm to the person or to others |
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unless the person is immediately restrained; and |
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(B) believes that there is not sufficient time to |
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file an application for emergency detention or for an order of |
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protective custody. |
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(c) The period of a person's detention authorized by |
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Subsection (b) may not exceed four hours following the time the |
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person first expressed a desire to leave, or attempted to leave, the |
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facility. The facility shall have a physician examine the person |
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during that period to determine if there is reasonable cause to |
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believe that the person might meet the criteria for court-ordered |
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mental health services or emergency detention. |
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(d) The physician examining the person under Subsection (c) |
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shall discharge the person on completion of the examination and |
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before the end of the four-hour period unless the physician |
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determines that the person meets the criteria for court-ordered |
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mental health services or emergency detention. If the examining |
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physician determines that the person meets those criteria, the |
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facility may continue to detain the person until not later than |
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4 p.m. on the next business day after the date of the examination to |
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allow time for the issuance of a warrant of emergency detention or |
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an order of protective custody. The facility shall release the |
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person before the end of that period unless the warrant or order is |
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issued. |
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(e) The facility shall notify the person if the facility |
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intends to detain the person under this section. The examining |
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physician shall notify the person if the examining physician |
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intends to pursue the issuance of a warrant for emergency detention |
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or an order of protective custody. |
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(f) The facility shall document in writing a decision to |
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detain a person under this section and the reasons for that decision |
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and shall make the document a part of the person's clinical record. |
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SECTION 3. This Act takes effect September 1, 2013. |