Bill Text: TX HB2186 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to authority of certain facilities to temporarily detain a person with mental illness.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-24 - Left pending in committee [HB2186 Detail]

Download: Texas-2013-HB2186-Introduced.html
  83R3239 EES-D
 
  By: Workman H.B. No. 2186
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authority of certain facilities 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, [BY PEACE OFFICER OR]
  TRANSPORTATION, OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER
  [FOR EMERGENCY DETENTION BY GUARDIAN]
         SECTION 2.  Subchapter A, Chapter 573, Health and Safety
  Code, is amended by adding Section 573.005 to read as follows:
         Sec. 573.005.  TEMPORARY DETENTION BY CERTAIN FACILITIES.
  (a) In this section, "facility" means:
               (1)  a mental health facility;
               (2)  a hospital licensed under Chapter 241; and
               (3)  a freestanding emergency medical care facility
  licensed under Chapter 254.
         (b)  A facility that is examining or treating a person who
  requested treatment from the facility may detain the person 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)  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)  The facility shall notify the person if the facility
  intends to detain the person under this section.
         (d)  The facility shall document in writing a decision to
  detain a person under this section and the reasons for that
  decision.
         (e)  The period of a person's detention authorized by this
  section may not exceed four hours following the time the person
  first expressed a desire to leave, or attempted to leave, the
  facility.  The facility shall release the person before the end of
  the four-hour period unless a warrant for emergency detention or an
  order of protective custody is issued.
         SECTION 3.  This Act takes effect September 1, 2013.
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