By: White H.B. No. 3655

A BILL TO BE ENTITLED

AN ACT

relating to the authority of certain facilities to temporarily detain a person with mental illness.

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

SECTION 1. The heading to Subchapter A, Chapter 573, Health and Safety Code, is amended to read as follows:

SUBCHAPTER A. APPREHENSION, [BY PEACE OFFICER OR] TRANSPORTATION,

OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER [FOR EMERGENCY

DETENTION BY GUARDIAN]

SECTION 2. Section 573.0001, Health and Safety Code, is amended by adding Subdivision (3) to read as follows:

(3) "Medical professional" means a licensed doctor, nurse, physician assistant, or emergency medical services personnel.

SECTION 3. Subchapter A, Chapter 573, Health and Safety Code, is amended by adding Sections 573.006 and 573.007 to read as follows:

Sec. 573.006. EMERGENCY DETENTION BY CERTAIN FACILITIES. (a) In this section, "facility" means:

(1) a mental health facility;

(2) a hospital, or the emergency department of a hospital, licensed under Chapter 241; and

(3) a freestanding emergency medical care facility licensed under Chapter 254.

(b) This section does not apply to a person who has been transported to a facility for emergency detention under this chapter.

(c) A person who voluntarily requested treatment from a facility or who lacks the capacity to consent to treatment, as provided by this section, may be detained in the facility if:

(1) the person expresses a desire to leave the facility or attempts to leave the facility before the examination or treatment is completed; and

(2) a medical professional at the facility:

(A) has reason to believe and does believe that:

(i) the person has a mental illness; and

(ii) because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and

(B) believes that there is not sufficient time to file an application for emergency detention or for an order of protective custody.

(d) The facility staff or medical professional shall notify the person if the facility intends to detain the person in the facility under this section.

Sec. 573.007. MEDICAL PROFESSIONAL'S NOTIFICATION OF DETENTION. (a) A medical professional shall immediately file with the facility a notification of detention after making a determination under Section 573.006.

(b) The notification of detention must contain:

(1) a statement that the medical professional has reason to believe and does believe that the person evidences mental illness;

(2) a statement that the medical professional has reason to believe and does believe that the person evidences a substantial risk of serious harm to the person or others;

(3) a specific description of the risk of harm;

(4) a statement that the medical professional has reason to believe and does believe that the risk of harm is imminent unless the person is immediately restrained;

(5) a statement that the medical professional's beliefs are derived from specific recent behavior, overt acts, attempts, or threats that were observed by or reliably reported to the medical professional;

(6) a detailed description of the specific behavior, acts, attempts, or threats; and

(7) the name and relationship to the detained person of any person who reported or observed the behavior, acts, attempts, or threats.

(c) The facility where the person is detained shall include in the detained person's clinical file the notification of detention described by this section.

(d) The medical professional shall provide the notification of detention in the facility on the following form: Notification--Emergency DetentionNO. _______________ DATE:__________________ TIME:_______________ THE STATE OF TEXAS FOR THE BEST INTEREST AND PROTECTION OF: ______________________________________

NOTIFICATION OF EMERGENCY DETENTION

Now comes _____________________, a medical professional with (name of facility) ______________________________________, in the State of Texas, and states as follows: 1. I have reason to believe and do believe that (name of person to be detained) __________________________ evidences mental illness. 2. I have reason to believe and do believe that the above-named person evidences a substantial risk of serious harm to himself/herself or others based upon the following: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 3. I have reason to believe and do believe that the above risk of harm is imminent unless the above-named person is immediately restrained. 4. My beliefs are based upon the following recent behavior, overt acts, attempts, statements, or threats observed by me or reliably reported to me: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 5. The names, addresses, and relationship to the above-named person of those persons who reported or observed recent behavior, acts, attempts, statements, or threats of the above-named person are (if applicable): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ For the above reasons, I present this notification to seek temporary admission to (name of facility) ___________________________ for the detention of (name of person to be detained) _____________________________ on an emergency basis. 6. Was the person restrained in any way? Yes □ No □ _________________________ SIGNATURE OF MEDICAL PROFESSIONAL Address: ____________________________ Zip Code: _________________ Telephone: ________________________ A facility may not require a medical professional to execute any form other than this form as a predicate to accepting for temporary admission a person detained in the facility under Section 573.006, Health and Safety Code.

(e) A facility may not require a medical professional to execute any form other than the form provided by Subsection (d) as a predicate to accepting for temporary admission a person detained in the facility under Section 573.006.

SECTION 4. Subchapter C, Chapter 573, Health and Safety Code, is amended by adding Section 573.0215 to read as follows:

Sec. 573.0215. PRELIMINARY EXAMINATION OF DETAINED PERSON FOR WHOM AN APPLICATION IS FILED BY A MEDICAL PROFESSIONAL. (a) A facility shall temporarily accept a person for whom an application for detention is filed by a medical professional under Section 573.007.

(b) A person accepted for a preliminary examination may be detained in custody for not longer than 48 hours after the time the person is first detained in the facility unless a written order for protective custody is obtained. The 48-hour period allowed by this section includes any time the patient spends waiting in the facility for medical care before the person receives the preliminary examination. If the 48-hour period ends on a Saturday, Sunday, legal holiday, or before 4 p.m. on the first succeeding business day, the person may be detained until 4 p.m. on the first succeeding business day. If the 48-hour period ends at a different time, the person may be detained only until 4 p.m. on the day the 48-hour period ends. If extremely hazardous weather conditions exist or a disaster occurs, the presiding judge or magistrate may, by written order made each day, extend by an additional 24 hours the period during which the person may be detained. The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.

(c) A physician shall examine the person as soon as possible within 12 hours after the time the person is first detained in the facility.

SECTION 5. Section 573.022(b), Health and Safety Code, is amended to read as follows:

(b) A [mental health] facility that has admitted a person for emergency detention under this section may transport the person to a mental health facility deemed suitable by the local mental health authority for the area. On the request of the local mental health authority, the judge may order that the proposed patient be detained in a department mental health facility.

SECTION 6. This Act takes effect September 1, 2021.