Bill Text: TX HB5210 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the authority of a peace officer to apprehend a person for emergency detention and the authority of certain facilities and professionals to temporarily detain a person with mental illness.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-24 - Referred to Public Health [HB5210 Detail]
Download: Texas-2023-HB5210-Introduced.html
By: Sherman, Sr. | H.B. No. 5210 |
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relating to the authority of a peace officer to apprehend a person | ||
for emergency detention and the authority of certain facilities and | ||
professionals to temporarily detain a person with mental illness. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter A, Chapter 573, Health | ||
and Safety Code, is amended to read as follows: | ||
SUBCHAPTER A. APPREHENSION, [ |
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OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER [ |
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SECTION 2. Section 573.001, Health and Safety Code, is | ||
amended by adding Subsection (i) to read as follows: | ||
(i) A peace officer may take a person who has been admitted | ||
to a facility into custody under this section. For purposes of this | ||
subsection, "facility" has the meaning assigned by Section 573.006. | ||
SECTION 3. Subchapter A, Chapter 573, Health and Safety | ||
Code, is amended by adding Sections 573.0015, 573.0016, and 573.006 | ||
to read as follows: | ||
Sec. 573.0015. APPLICATION FOR EMERGENCY DETENTION BY | ||
MENTAL HEALTH PROFESSIONAL. (a) A non-physician mental health | ||
professional specified in Section 571.003(15)(A) or (B) may file an | ||
application for emergency detention with an inpatient mental health | ||
facility for a preliminary examination in accordance with Section | ||
573.021 without the assistance of a peace officer if the | ||
professional has reason to believe and does believe that: | ||
(1) the person is a person with mental illness; and | ||
(2) because of that mental illness there is a | ||
substantial risk of serious harm to the person or to others unless | ||
the person is immediately restrained. | ||
(b) A substantial risk of serious harm to the person or | ||
others under Subsection (a)(2) may be demonstrated by: | ||
(1) the person's behavior; or | ||
(2) evidence of severe emotional distress and | ||
deterioration in the person's mental condition to the extent that | ||
the person cannot remain at liberty. | ||
(c) The application for detention must contain: | ||
(1) a statement that the non-physician mental health | ||
professional has reason to believe and does believe that the person | ||
evidences mental illness; | ||
(2) a statement that the professional has reason to | ||
believe and does believe that the person evidences a substantial | ||
risk of serious harm to the person or others; | ||
(3) a specific description of the risk of harm; | ||
(4) a statement that the professional has reason to | ||
believe and does believe that the risk of harm is imminent unless | ||
the person is immediately restrained; | ||
(5) a statement that the professional's beliefs are | ||
derived from specific recent behavior, overt acts, attempts, or | ||
threats that were observed by the professional; and | ||
(6) a detailed description of the specific behavior, | ||
acts, attempts, or threats. | ||
Sec. 573.0016. DETENTION AT A HOSPITAL OR EMERGENCY CUSTODY | ||
BY A PEACE OFFICER. A person may be taken into custody by a peace | ||
officer and placed in a facility, or the person may be detained at a | ||
hospital at which the person presented or was brought to receive | ||
medical or mental health care, if the peace officer or a physician | ||
medical staff member of the hospital or a physician's assistant or | ||
advanced practice registered nurse practicing in the hospital has | ||
reason to believe that the person is gravely disabled due to mental | ||
illness or the person's continued liberty poses an imminent danger | ||
to that person or others, as evidenced by a threat of substantial | ||
physical harm; provided, under no circumstances may the proposed | ||
patient be detained in a nonmedical unit used for the detention of | ||
individuals charged with or convicted of penal offenses. | ||
Sec. 573.006. TEMPORARY DETENTION IN CERTAIN FACILITIES. | ||
(a) In this section, "facility" means: | ||
(1) an inpatient mental health facility other than a | ||
community center, a facility operated by or under contract with a | ||
community center, an entity that the department designates to | ||
provide mental health services, a local mental health authority, or | ||
a facility operated by or under contract with a local mental health | ||
authority, unless the facility is licensed under Chapter 577; | ||
(2) a hospital, or the emergency department of a | ||
hospital, licensed under Chapter 241; and | ||
(3) a freestanding emergency medical care facility | ||
licensed under Chapter 254. | ||
(b) The governing body of a facility may adopt and implement | ||
a written policy that provides for the facility or a physician at | ||
the facility to detain a person who voluntarily requested treatment | ||
from the facility or who lacks the capacity to consent to treatment, | ||
as provided by this section, if: | ||
(1) the person expresses a desire to leave the | ||
facility or attempts to leave the facility before the examination | ||
or treatment is completed; and | ||
(2) a physician at the facility: | ||
(A) has reason to believe and does believe that: | ||
(i) the person has a mental illness; and | ||
(ii) because of that mental illness there | ||
is a substantial risk of serious harm to the person or to others | ||
unless the person is immediately restrained; and | ||
(B) believes that there is not sufficient time to | ||
file an application for emergency detention or for an order of | ||
protective custody. | ||
(c) A policy adopted and implemented by a facility under | ||
this section may not allow the facility or a physician at the | ||
facility to detain a person who has been transported to the facility | ||
for emergency detention under this chapter. | ||
(d) A policy adopted and implemented by a facility under | ||
this section must require: | ||
(1) the facility staff or the physician who intends to | ||
detain the person under the policy to notify the person of that | ||
intention; | ||
(2) a physician to document a decision by the facility | ||
or the physician to detain a person under the policy and to place a | ||
notice of detention in the person's medical record that contains | ||
the same information as required in a peace officer's notification | ||
of detention under Section 573.002; | ||
(3) the period of a person's detention under the policy | ||
to be less than four hours following the time the person first | ||
expressed a desire to leave, or attempted to leave, the facility; | ||
and | ||
(4) the facility or physician to release the person | ||
not later than the end of the four-hour period unless the facility | ||
staff or physician arranges for a peace officer to take the person | ||
into custody under Section 573.001 or an order of protective | ||
custody is issued. | ||
(e) Whenever a person is taken into custody or detained | ||
under this section without court order, the evidence supporting the | ||
claim of grave disability due to mental illness or imminent danger | ||
must be presented to a duly authorized court within four hours from | ||
the time the individual was placed in custody or detained. | ||
(f) Detention of a person under a policy adopted and | ||
implemented by a facility under this section is not considered | ||
involuntary psychiatric hospitalization for purposes of Section | ||
411.172(e), Government Code. | ||
(g) A physician, person, or facility that detains or does | ||
not detain a person under a policy adopted and implemented by a | ||
facility under this section and that acts in good faith and without | ||
malice is not civilly or criminally liable for that action. | ||
(h) A facility is not civilly or criminally liable for its | ||
governing body's decision to adopt or not to adopt a policy under | ||
this section. | ||
SECTION 4. This Act takes effect September 1, 2023. |