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A BILL TO BE ENTITLED
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AN ACT
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relating to the nature of delivery of services to a person with |
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mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 571.002. PURPOSE. The purpose of this subtitle is to |
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provide to each person having severe mental illness access to |
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humane care and treatment by: |
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(1) facilitating treatment in an appropriate setting; |
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(2) enabling the person to obtain necessary |
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evaluation, care, treatment, and rehabilitation with the least |
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possible trouble, expense, and embarrassment to the person and the |
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person's family; |
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(3) eliminating, if requested, the traumatic effect on |
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the person's mental health of public trial and criminal-like |
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procedures; |
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(4) protecting the person's right to a judicial |
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determination of the person's need for involuntary treatment; |
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(5) defining the criteria the state must meet to order |
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involuntary care and treatment; |
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(6) establishing the procedures to obtain facts, carry |
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out examinations, and make prompt and fair decisions; |
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(7) safeguarding the person's legal rights so as to |
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advance and not impede the therapeutic and protective purposes of |
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involuntary care; [and] |
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(8) safeguarding the rights of the person who |
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voluntarily requests inpatient care; |
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(9) providing the person's treatment in the least |
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restrictive fashion; |
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(10) treating the person as a voluntary patient when |
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possible, including after commitment to involuntary mental health |
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services if the person requests voluntary services; and |
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(11) using involuntary interventions only as a last |
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resort and when necessary to protect the health and safety of the |
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person needing treatment or the safety of others, including |
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treatment providers. |
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SECTION 2. 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, 2013. |