Bill Text: TX SB1238 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the admission, examination, and discharge of a person for mental health services.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB1238 Detail]
Download: Texas-2019-SB1238-Comm_Sub.html
Bill Title: Relating to the admission, examination, and discharge of a person for mental health services.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB1238 Detail]
Download: Texas-2019-SB1238-Comm_Sub.html
By: Johnson | S.B. No. 1238 | |
(Rose) | ||
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relating to the admission, examination, and discharge of a person | ||
for voluntary mental health services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 572.0025, Health and Safety Code, is | ||
amended by amending Subsections (f) and (g) and adding Subsections | ||
(f-1), (f-2), and (f-3) to read as follows: | ||
(f) A prospective voluntary patient may not be formally | ||
accepted for treatment in a facility unless: | ||
(1) the facility has a physician's order admitting the | ||
prospective patient, which order may be issued orally, | ||
electronically, or in writing, signed by the physician, provided | ||
that, in the case of an oral order or an electronically transmitted | ||
unsigned order, a signed original is presented to the mental health | ||
facility within 24 hours of the initial order; the order must be | ||
from: | ||
(A) an admitting physician who has, either in | ||
person or through the use of audiovisual or other | ||
telecommunications technology, conducted a physical and | ||
psychiatric examination within: | ||
(i) 72 hours before [ |
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(ii) 24 hours after admission; or | ||
(B) an admitting physician who has consulted with | ||
a physician who has, either in person or through the use of | ||
audiovisual or other telecommunications technology, conducted an | ||
examination within: | ||
(i) 72 hours before [ |
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(ii) 24 hours after admission; and | ||
(2) the facility administrator or a person designated | ||
by the administrator has agreed to accept the prospective patient | ||
and has signed a statement to that effect. | ||
(f-1) A person who is admitted to a facility before the | ||
performance of the physical and psychiatric examination required by | ||
Subsection (f) must be discharged by the physician immediately if | ||
the physician conducting the physical and psychiatric examination | ||
determines the person does not meet the clinical standards to | ||
receive inpatient mental health services. | ||
(f-2) A facility that discharges a patient under the | ||
circumstances described by Subsection (f-1) may not bill the | ||
patient or the patient's third-party payor for the temporary | ||
admission of the patient to the inpatient mental health facility. | ||
(f-3) Sections 572.001(c) and (c-2) apply to the admission | ||
of a minor in the managing conservatorship of the Department of | ||
Family and Protective Services to an inpatient mental health | ||
facility. | ||
(g) An assessment conducted as required by rules adopted | ||
under this section does not satisfy a statutory or regulatory | ||
requirement for a personal evaluation of a patient or a prospective | ||
patient by a physician [ |
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SECTION 2. This Act takes effect September 1, 2019. |