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A BILL TO BE ENTITLED
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AN ACT
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relating to the admission, examination, and discharge of a person |
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for voluntary mental health services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 572.0025, Health and Safety Code, is |
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amended by amending Subsections (f) and (g) and adding Subsection |
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(f-1) to read as follows: |
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(f) A prospective voluntary patient may not be formally |
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accepted for treatment in a facility unless: |
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(1) the facility has a physician's order admitting the |
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prospective patient, which order may be issued orally, |
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electronically, or in writing, signed by the physician, provided |
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that, in the case of an oral order or an electronically transmitted |
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unsigned order, a signed original is presented to the mental health |
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facility within 24 hours of the initial order; the order must be |
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from: |
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(A) an admitting physician who has, either in |
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person or through the use of audiovisual or other |
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telecommunications technology, conducted a physical and |
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psychiatric examination within: |
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(i) 72 hours before [of the] admission; or |
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(ii) 24 hours after admission; or |
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(B) an admitting physician who has consulted with |
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a physician who has, either in person or through the use of |
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audiovisual or other telecommunications technology, conducted an |
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examination within: |
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(i) 72 hours before [of the] admission; or |
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(ii) 24 hours after admission; and |
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(2) the facility administrator or a person designated |
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by the administrator has agreed to accept the prospective patient |
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and has signed a statement to that effect. |
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(f-1) A person who is admitted to a facility before the |
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performance of the physical and psychiatric examination required by |
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Subsection (f) must be discharged by the physician if the physician |
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conducting the physical and psychiatric examination determines the |
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person does not meet the clinical standards to receive inpatient |
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mental health services. |
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(g) An assessment conducted as required by rules adopted |
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under this section does not satisfy a statutory or regulatory |
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requirement for a personal evaluation of a patient or a prospective |
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patient by a physician [before admission]. |
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SECTION 2. This Act takes effect September 1, 2019. |