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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. Subchapter A, Chapter 574, Health and Safety |
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Code, is amended by adding Section 574.0125 to read as follows: |
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Sec. 574.0125. IDENTIFICATION OF PERSON RESPONSIBLE FOR |
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COURT-ORDERED OUTPATIENT MENTAL HEALTH SERVICES. Not later than |
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the third day before the date of a hearing that may result in the |
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judge ordering the patient to receive court-ordered outpatient |
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mental health services, the judge shall identify the person the |
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judge intends to designate to be responsible for those services |
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under Section 574.037. |
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SECTION 2. Section 574.037, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsections |
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(b-1), (c-1), and (c-2) to read as follows: |
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(a) The court, in an order that directs a patient to |
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participate in outpatient mental health services, shall designate |
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the person identified under Section 574.0125 as [identify a person
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who is] responsible for those services or may designate a different |
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person if necessary. The person designated [identified] must be |
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the facility administrator or an individual involved in providing |
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court-ordered outpatient services. A person may not be designated |
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as responsible for the ordered services without the person's |
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consent unless the person is the facility administrator of a |
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department facility or the facility administrator of a community |
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center that provides mental health services in the region in which |
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the committing court is located. |
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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 as required by this |
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subsection and Subsection (b-1). The program must be incorporated |
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into the court order. The program must include: |
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(1) services to provide care coordination; and |
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(2) any other treatment or services considered |
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clinically necessary by a licensed physician or the person |
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responsible for the services to assist the patient in functioning |
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safely in the community, including clinically necessary medication |
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and supported housing. |
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(b-1) The person responsible for the services shall submit |
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the program to the court before the hearing under Section 574.034 or |
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574.035 or before the court modifies an order under Section |
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574.061, as appropriate. |
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(c-1) A patient subject to court-ordered assisted |
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outpatient treatment may petition the court for specific |
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enforcement of the court order. |
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(c-2) A court may, on its own motion, set a status |
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conference with the person responsible for the services, the |
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patient, or the patient's attorney, if applicable, to ensure |
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specific enforcement of the court order. |
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SECTION 3. Section 574.061(f), Health and Safety Code, is |
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amended to read as follows: |
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(f) If the court modifies the order, the court shall |
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designate [identify] a person to be responsible for the outpatient |
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services as prescribed by Section 574.037. |
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SECTION 4. 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 described by |
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Section 574.064(a-1) [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 5. Section 574.064, Health and Safety Code, is |
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amended by adding Subsections (a-1) and (a-2) and amending |
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Subsections (b) and (e) to read as follows: |
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(a-1) A physician shall evaluate the patient as soon as |
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possible within 24 hours after the time detention begins to |
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determine whether the patient, due to mental illness, presents a |
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substantial risk of serious harm to the patient or others so that |
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the patient cannot be at liberty pending the probable cause hearing |
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under Subsection (b). The determination that the patient presents |
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a substantial risk of serious harm to the patient or others may be |
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demonstrated by: |
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(1) the patient's behavior; or |
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(2) evidence of severe emotional distress and |
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deterioration in the patient's mental condition to the extent that |
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the patient cannot live safely in the community. |
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(a-2) If the physician who conducted the evaluation |
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determines that the patient does not present a substantial risk of |
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serious harm to the patient or others, the facility shall: |
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(1) notify: |
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(A) the person designated under Section 574.037 |
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as responsible for providing outpatient mental health services or |
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the facility administrator of the outpatient facility treating the |
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patient; and |
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(B) the court that entered the order directing |
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the patient to receive court-ordered outpatient mental health |
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services; and |
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(2) release the patient. |
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(b) A patient who is not released under Subsection (a-2) may |
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be detained under a temporary detention order for more than 72 |
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hours, excluding Saturdays, Sundays, legal holidays, and the period |
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prescribed by Section 574.025(b) for an extreme emergency only if, |
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after a hearing held before the expiration of that period, the |
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court, a magistrate, or a designated associate judge finds that |
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there is probable cause to believe that: |
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(1) the patient, due to mental illness, presents a |
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substantial risk of serious harm to the patient or others, using the |
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criteria prescribed by Subsection (a-1), to the extent that the |
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patient cannot be at liberty pending the final hearing under |
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Section 574.062 [meets the criteria described by Section
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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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(e) A patient released from an inpatient mental health |
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facility under Subsection (a-2) or (d) continues to be subject to |
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the order for court-ordered outpatient services, if the order has |
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not expired. |
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SECTION 6. Section 574.065(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The court may modify an order for outpatient services at |
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the modification hearing if the court determines that the patient |
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meets the applicable criteria for court-ordered inpatient mental |
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health services prescribed by Section 574.034(a) or 574.035(a). |
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SECTION 7. The heading to Subchapter G, Chapter 574, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER G. ADMINISTRATION OF MEDICATION TO PATIENT UNDER COURT |
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ORDER FOR [INPATIENT] MENTAL HEALTH SERVICES |
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SECTION 8. Section 574.102, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 574.102. APPLICATION OF SUBCHAPTER. This subchapter |
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applies to the application of medication to a patient subject to a |
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court [an] order for [inpatient] mental health services under this |
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chapter or other law. |
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SECTION 9. Section 574.103, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) A person may not administer a psychoactive medication to |
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a patient under court-ordered inpatient mental health services who |
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refuses to take the medication voluntarily unless: |
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(1) the patient is having a medication-related |
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emergency; |
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(2) the patient is under an order issued under Section |
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574.106 authorizing the administration of the medication |
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regardless of the patient's refusal; or |
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(3) the patient is a ward who is 18 years of age or |
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older and the guardian of the person of the ward consents to the |
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administration of psychoactive medication regardless of the ward's |
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expressed preferences regarding treatment with psychoactive |
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medication. |
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(c) A person may not administer a psychoactive medication to |
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a patient under court-ordered outpatient mental health services who |
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refuses to take medication voluntarily unless: |
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(1) the person is having a medication-related |
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emergency; and |
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(2) the psychoactive medication does not include |
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long-acting injectable medications. |
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SECTION 10. The change in law made by this Act applies only |
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to an application for court-ordered mental health services or |
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temporary detention filed on or after the effective date of this |
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Act. An application filed before the effective date of this Act is |
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governed by the law in effect when the application was filed, and |
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the former law is continued in effect for that purpose. |
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SECTION 11. This Act takes effect September 1, 2013. |