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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of a forensic medical director |
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responsible for statewide coordination and oversight of forensic |
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mental health services provided by the Department of State Health |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 532, Health and Safety Code, is amended |
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by adding Section 532.013 to read as follows: |
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Sec. 532.013. FORENSIC MEDICAL DIRECTOR. (a) In this |
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section: |
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(1) "Commissioner" means the commissioner of the |
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department. |
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(2) "Department" means the Department of State Health |
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Services. |
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(3) "Forensic patient" means a person with mental |
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illness who is: |
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(A) found incompetent to stand trial under |
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Subchapter C, Chapter 46B, Code of Criminal Procedure; |
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(B) committed to court-ordered mental health |
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services under Subchapter E, Chapter 46B, Code of Criminal |
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Procedure; |
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(C) as described by Subchapter F, Chapter 46B, |
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Code of Criminal Procedure, subject to a civil commitment |
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proceeding under Subtitle C, Title 7, for court-ordered mental |
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health services under that subtitle; or |
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(D) found not guilty by reason of insanity under |
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Chapter 46C, Code of Criminal Procedure. |
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(4) "Forensic services" means competency restoration |
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services or mental health services provided a forensic patient at a |
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department facility. |
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(b) The commissioner shall appoint a forensic medical |
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director. |
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(c) To be qualified for appointment as forensic medical |
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director, a person must: |
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(1) be a physician licensed to practice in this state; |
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and |
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(2) have proven expertise in forensic services. |
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(d) The forensic medical director reports to the |
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commissioner and is responsible for: |
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(1) statewide coordination and oversight of forensic |
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services; |
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(2) any programs operated by the department relating |
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to evaluation of forensic patients, transition of forensic patients |
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from inpatient to outpatient or community-based services, |
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community forensic monitoring, or forensic research and training; |
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and |
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(3) addressing issues with the delivery of forensic |
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services in the state, including: |
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(A) significant increases in populations with |
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serious mental illness and criminal justice system involvement; |
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(B) adequate availability of department |
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facilities for civilly committed forensic patients; |
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(C) wait times for forensic patients who require |
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competency restoration services; |
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(D) interruption of mental health services of |
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recently released forensic patients; and |
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(E) coordination of services provided forensic |
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patients by state agencies. |
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SECTION 2. The commissioner of the Department of State |
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Health Services shall appoint a forensic medical director as |
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required by Section 532.013, Health and Safety Code, as added by |
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this Act, as soon as practicable after the effective date of this |
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Act. |
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SECTION 3. 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, 2015. |