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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of psychoactive medication to |
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certain persons in the custody of a crisis stabilization unit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 574, Health and Safety |
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Code, is amended by adding Section 574.029 to read as follows: |
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Sec. 574.029. ADMINISTRATION OF PSYCHOACTIVE MEDICATION TO |
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CERTAIN PERSONS IN CUSTODY OF CRISIS STABILIZATION UNIT. (a) In |
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this section: |
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(1) "Medication-related emergency" and "psychoactive |
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medication" have the meanings assigned by Section 574.101. |
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(2) "Ward" has the meaning assigned by Section |
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1002.030, Estates Code. |
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(b) If a person for whom a motion for court-ordered |
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inpatient mental health services is granted remains in the custody |
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of a crisis stabilization unit, as defined by rule by the executive |
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commissioner, following the expiration of a protective custody |
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order due to a lack of space at a mental hospital, the crisis |
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stabilization unit may administer a psychoactive medication to the |
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person only if the person refuses to take the medication and: |
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(1) the person is having a medication-related |
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emergency; |
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(2) the person 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 person's refusal; or |
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(3) the person is a ward who is 18 years of age or older |
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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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SECTION 2. Section 574.029, Health and Safety Code, as |
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added by this Act, applies only to a person for whom a motion for |
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court-ordered inpatient mental health services is granted on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |