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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency detention by a physician of certain persons |
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with mental illness for preliminary examination at a facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 573, Health and Safety |
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Code, is amended by adding Sections 573.006 and 573.007 to read as |
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follows: |
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Sec. 573.006. DETENTION FOR PRELIMINARY EXAMINATION BY |
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PHYSICIAN. (a) A physician may detain a person for preliminary |
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examination at a mental health facility if the physician: |
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(1) has reason to believe and does believe that: |
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(A) the person is a person with mental illness; |
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and |
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(B) because of that mental illness there is a |
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substantial risk of serious harm to the person or others unless the |
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person is immediately restrained; and |
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(2) believes that there is not sufficient time to |
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obtain a warrant or for a peace officer to take the person into |
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custody. |
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(b) A substantial risk of serious harm to the person or |
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others under Subsection (a)(1)(B) may be demonstrated by: |
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(1) the person's behavior; or |
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(2) evidence of severe emotional distress and |
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deterioration in the person's mental condition to the extent that |
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the person cannot remain at liberty. |
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(c) The physician may form the belief that the person meets |
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the criteria for detention under this section based on: |
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(1) a representation made by a credible person; or |
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(2) the conduct of the detained person or the |
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circumstances under which the person is detained. |
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(d) A physician who detains a person at a mental health |
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facility under Subsection (a) shall immediately inform the person |
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orally in simple, nontechnical terms: |
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(1) of the reason for the detention; and |
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(2) that a staff member of the facility will inform the |
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person of the person's rights within 24 hours after the time the |
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person is admitted to the facility, as provided by Section |
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573.025(b). |
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Sec. 573.007. PHYSICIAN'S NOTIFICATION OF DETENTION. (a) |
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A mental health facility at which a person is detained by a |
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physician under Section 573.006 shall provide to the person and |
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maintain in the facility's records a physician's notification of |
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detention in the manner provided under this section. |
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(b) The physician's notification of detention must contain: |
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(1) a statement that the physician has reason to |
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believe and does believe that the person evidences mental illness; |
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(2) a statement that the physician has reason to |
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believe and does believe that the person evidences a substantial |
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risk of serious harm to the person or others; |
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(3) a specific description of the risk of harm; |
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(4) a statement that the physician has reason to |
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believe and does believe that the risk of harm is imminent unless |
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the person is immediately restrained; |
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(5) a statement that the physician's beliefs are |
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derived from specific recent behavior, overt acts, attempts, or |
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threats that were observed by or reliably reported to the |
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physician; |
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(6) a detailed description of the specific behavior, |
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acts, attempts, or threats; and |
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(7) the name and relationship to the detained person |
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of any person who reported or observed the behavior, acts, |
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attempts, or threats. |
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(c) A physician's notification of detention must be |
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provided to the person who is being detained within 12 hours of the |
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commencement of the person's detention. |
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(d) A physician's notification of detention is considered |
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to be made under oath and must be provided on the following form: |
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NOTIFICATION OF EMERGENCY DETENTION |
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DATE: _______________ TIME: _______________ |
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APPLICANT'S NAME/TELEPHONE: ___________________________ |
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I, the above applicant, physician, make this application for the |
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emergency detention of: |
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______________________________________, D.O.B. ____________, who |
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can be found at _____________________________. |
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EMERGENCY DETENTION IS SOUGHT FOR THE FOLLOWING REASONS: |
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1. I have reason to believe and do believe that the person |
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evidences mental illness. |
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2. I have reason to believe and do believe that the person presents |
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a substantial and imminent risk of harm to self or others unless the |
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person is immediately restrained. |
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3. My above stated beliefs are based on the following specific |
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recent behavior, overt acts, attempts, or threats, or evidence of |
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severe emotional distress and deterioration in the person's mental |
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condition to the extent that the person cannot remain at liberty: |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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(please continue on separate sheet if necessary), |
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which were personally observed by me _____________ (PHYSICIAN |
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OBSERVER) or which were reliably reported to me by another |
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individual, ______________________ (REPORTER). |
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My relation to the detained is ____________. |
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If applicable, the relation to the detained of the individual |
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listed above as the reporter is ____________. |
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Executed under penalty of perjury at ________ a.m./p.m. on this |
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______ day of ____________, 20__. |
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FOR FACILITY USE ONLY--A person accepted for a preliminary |
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examination may be detained in custody for not longer than 48 hours |
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after the time the person is presented to the facility unless a |
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written order for protective custody is obtained. A physician |
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shall examine the person as soon as possible within 12 hours after |
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the time the person is detained. |
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Accepted for Preliminary Examination for Emergency Detention |
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(i.e., time Patient arrived at this facility) on this _________ day |
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of ________________________, 20__, at ______ a.m./p.m. |
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________________________________________ |
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SIGNATURE OF FACILITY EMPLOYEE |
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Completed Preliminary Examination for Emergency Detention on this |
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_______ day of ________________________ , 20__, at ______ a.m./p.m. |
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________________________________________ |
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SIGNATURE OF FACILITY PHYSICIAN |
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SECTION 2. Section 573.021(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A facility shall temporarily accept and detain a person: |
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(1) for whom an application for detention is filed; |
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(2) [or] for whom a peace officer or emergency medical |
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services personnel of an emergency medical services provider |
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transporting the person in accordance with a memorandum of |
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understanding executed under Section 573.005 files a notification |
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of detention completed by the peace officer under Section |
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573.002(a); or |
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(3) if a physician at the facility detains the person |
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under Section 573.006, regardless of whether the physician has |
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completed the physician's notification of detention required under |
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Section 573.007. |
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SECTION 3. The changes in law made by this Act apply only to |
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an emergency detention that begins on or after the effective date of |
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this Act. An emergency detention that begins before the effective |
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date of this Act is governed by the law as it existed immediately |
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before that date, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |