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A BILL TO BE ENTITLED
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AN ACT
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relating to court-ordered outpatient 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 574.037, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsections (c-1) and |
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(c-2) to read as follows: |
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(b) The person responsible for the services shall submit to |
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the court within two weeks after the court enters the order a |
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general program of the treatment to be provided. The program must |
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include care coordination services and any other services or |
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treatment a treating physician considers clinically appropriate to |
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treat the patient's mental illness and assist the patient in |
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functioning safely in the community. The program must be |
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incorporated into the court order. |
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(c-1) A court that receives information under Subsection |
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(c)(1) that a patient is not complying with the program |
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incorporated into the court's order may: |
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(1) set a modification hearing under Section 574.062; |
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and |
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(2) issue an order for temporary detention under |
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Section 574.063(c). |
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(c-2) The failure of a patient to comply with the program |
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incorporated into a court order is not grounds for: |
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(1) punishment for contempt of court under Section |
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21.002, Government Code; |
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(2) issuance of an order authorizing administration of |
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psychoactive medication regardless of the patient's refusal; or |
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(3) commitment to an inpatient mental health facility, |
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provided that this subsection does not prevent a court from |
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ordering that commitment under Section 574.065(d)(2). |
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SECTION 2. Section 574.063(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The application must state the applicant's opinion and |
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detail the reasons for the applicant's opinion that: |
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(1) the patient meets the criteria for court-ordered |
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inpatient mental health services prescribed by Section 574.034(a) |
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or 574.035(a) [described by Section 574.065(a)]; and |
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(2) detention in an inpatient mental health facility |
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is necessary to evaluate the appropriate setting for continued |
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court-ordered services. |
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SECTION 3. Sections 574.064(b) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(b) A patient may be detained under a temporary detention |
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order for more than 72 hours, excluding Saturdays, Sundays, legal |
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holidays, and the period prescribed by Section 574.025(b) for an |
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extreme emergency only if, after a hearing held before the |
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expiration of that period, the court, a magistrate, or a designated |
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associate judge finds that there is probable cause to believe that: |
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(1) the patient meets the criteria for court-ordered |
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inpatient mental health services prescribed by Section 574.034(a) |
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or 574.035(a) [described by Section 574.065(a)]; and |
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(2) detention in an inpatient mental health facility |
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is necessary to evaluate the appropriate setting for continued |
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court-ordered services. |
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(d) A facility administrator shall immediately release a |
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patient held under a temporary detention order if: |
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(1) at any time during the detention the examining |
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physician determines that the patient does not meet the criteria |
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for court-ordered inpatient mental health services prescribed by |
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Section 574.034(a) or 574.035(a); or |
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(2) the facility administrator does not receive notice |
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that the patient's continued detention is authorized: |
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(A) [(1)] after a probable cause hearing held |
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within 72 hours after the patient's detention begins; or |
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(B) [(2)] after a modification hearing held |
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within the period prescribed by Section 574.062. |
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SECTION 4. Sections 574.034(i) and 574.035(j), Health and |
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Safety Code, are repealed. |
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SECTION 5. This Act takes effect September 1, 2013. |