86R13183 EAS-F

By: Hinojosa H.B. No. 3190

A BILL TO BE ENTITLED

AN ACT

relating to the administration of psychoactive medication to certain patients.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 574.102, Health and Safety Code, is amended to read as follows:

Sec. 574.102. APPLICABILITY [APPLICATION] OF SUBCHAPTER. This subchapter applies to the application of medication to a patient subject to a court order for inpatient [mental health] services under this chapter, Chapter 841, or Chapter 46B or 46C, Code of Criminal Procedure [other law].

SECTION 2. The heading to Section 574.103, Health and Safety Code, is amended to read as follows:

Sec. 574.103. ADMINISTRATION OF MEDICATION TO PATIENT UNDER COURT-ORDERED INPATIENT [MENTAL HEALTH] SERVICES.

SECTION 3. Section 574.103(b), Health and Safety Code, is amended to read as follows:

(b) A person may not administer a psychoactive medication to a patient under court-ordered inpatient [mental health] services who refuses to take the medication voluntarily unless:

(1) the patient is having a medication-related emergency;

(2) the patient is under an order issued under Section 574.106 authorizing the administration of the medication regardless of the patient's refusal; or

(3) the patient is a ward who is 18 years of age or older and the guardian of the person of the ward consents to the administration of psychoactive medication regardless of the ward's expressed preferences regarding treatment with psychoactive medication.

SECTION 4. Sections 574.104(a) and (b), Health and Safety Code, are amended to read as follows:

(a) A physician who is treating a patient may, on behalf of the state, file an application in a probate court or a court with probate jurisdiction for an order to authorize the administration of a psychoactive medication regardless of the patient's refusal if:

(1) the physician believes that the patient lacks the capacity to make a decision regarding the administration of the psychoactive medication;

(2) the physician determines that the medication is the proper course of treatment for the patient;

(3) the patient is under an order for inpatient [mental health] services under this chapter, Chapter 841, or Chapter 46B or 46C, Code of Criminal Procedure, [other law] or an application for court-ordered mental health services under Section 574.034 or 574.035 has been filed for the patient; and

(4) the patient, verbally or by other indication, refuses to take the medication voluntarily.

(b) An application filed under this section must state:

(1) that the physician believes that the patient lacks the capacity to make a decision regarding administration of the psychoactive medication and the reasons for that belief;

(2) each medication the physician wants the court to compel the patient to take;

(3) whether an application for court-ordered mental health services under Section 574.034 or 574.035 has been filed;

(4) whether a court order for inpatient [mental health] services for the patient has been issued and, if so, under what authority it was issued;

(5) the physician's diagnosis of the patient; and

(6) the proposed method for administering the medication and, if the method is not customary, an explanation justifying the departure from the customary methods.

SECTION 5. Sections 574.106(a) and (a-1), Health and Safety Code, are amended to read as follows:

(a) The court may issue an order authorizing the administration of one or more classes of psychoactive medication to a patient who:

(1) is under a court order to receive inpatient [mental health] services; or

(2) is in custody awaiting trial in a criminal proceeding and was ordered to receive inpatient [mental health] services in the six months preceding a hearing under this section.

(a-1) The court may issue an order under this section only if the court finds by clear and convincing evidence after the hearing:

(1) that the patient lacks the capacity to make a decision regarding the administration of the proposed medication and treatment with the proposed medication is in the best interest of the patient; or

(2) if the patient was ordered to receive inpatient [mental health] services by a criminal court with jurisdiction over the patient, that treatment with the proposed medication is in the best interest of the patient and either:

(A) the patient presents a danger to the patient or others in the inpatient [mental health] facility in which the patient is being treated as a result of a mental illness or intellectual disability [disorder or mental defect] as determined under Section 574.1065; or

(B) the patient:

(i) has remained confined in a correctional facility, as defined by Section 1.07, Penal Code, for a period exceeding 72 hours while awaiting transfer for competency restoration treatment; and

(ii) presents a danger to the patient or others in the correctional facility as a result of a mental illness or intellectual disability [disorder or mental defect] as determined under Section 574.1065.

SECTION 6. Section 574.1065, Health and Safety Code, is amended to read as follows:

Sec. 574.1065. FINDING THAT PATIENT PRESENTS A DANGER. In making a finding under Section 574.106(a-1)(2) that, as a result of a mental illness or intellectual disability [disorder or mental defect], the patient presents a danger to the patient or others in the inpatient [mental health] facility in which the patient is being treated or in the correctional facility, as applicable, the court shall consider:

(1) an assessment of the patient's present mental condition;

(2) whether the patient has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm to the patient's self or to another while in the facility; and

(3) whether the patient, in the six months preceding the date the patient was placed in the facility, has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm to another that resulted in the patient being placed in the facility.

SECTION 7. Section 574.107, Health and Safety Code, is amended to read as follows:

Sec. 574.107. COSTS. (a) The costs for a hearing under this subchapter for a patient committed under this chapter shall be paid in accordance with Sections 571.017 and 571.018.

(b) The county in which the applicable criminal charges are pending or were adjudicated shall pay as provided by Subsection (a) the costs of a hearing that is held under Section 574.106 to evaluate the court-ordered administration of psychoactive medication to:

(1) a patient ordered to receive inpatient [mental health] services as described by Section 574.106(a)(1) after having been determined to be incompetent to stand trial or having been acquitted of an offense by reason of insanity; or

(2) a patient who:

(A) is awaiting trial after having been determined to be competent to stand trial; and

(B) was ordered to receive inpatient [mental health] services as described by Section 574.106(a)(2).

(c) The costs for a hearing under this subchapter for a patient committed under Chapter 841 shall be paid by the county that ordered the commitment in accordance with that chapter.

SECTION 8. Section 574.110, Health and Safety Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a) Except as provided by Subsections [Subsection] (b) and (c), an order issued under Section 574.106 expires on the expiration or termination date of the order for inpatient [temporary or extended mental health] services in effect when the order for psychoactive medication is issued.

(c) An order issued under Section 574.106 for a patient committed under Chapter 841 continues to be in effect until the 180th day after the date the person is released to the sex offender treatment program.

SECTION 9. 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, 2019.