Bill Text: TX HB3380 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to certain persons receiving mental health services.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-18 - Referred to Public Health [HB3380 Detail]
Download: Texas-2011-HB3380-Introduced.html
| By: Shelton | H.B. No. 3380 | |
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| relating to certain persons receiving mental health services. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 575 of the Health and Safety Code is | ||
| amended by adding Subchapter C to read as follows: | ||
| SUBCHAPTER C. TRANSFER FOR MEDICAL TREATMENT | ||
| Sec. 575.031. TEMPORARY TRANSFER FOR MEDICAL TREATMENT. | ||
| (a) The facility administrator of an inpatient mental health | ||
| facility to which a patient has been admitted for court-ordered | ||
| inpatient mental health care services or in which a patient or | ||
| proposed patient is being detained under a protective custody or | ||
| detention order may temporarily transfer the patient or proposed | ||
| patient to a hospital if, in the opinion of a physician, the patient | ||
| or proposed patient needs immediate medical care or treatment. | ||
| (b) After receiving medical care or treatment, the hospital | ||
| shall return the patient or proposed patient to the inpatient | ||
| mental health facility where the patient or proposed patient was | ||
| committed or detained unless the order under which the patient or | ||
| proposed patient was committed or detained has expired or been | ||
| otherwise terminated. | ||
| (c) An order for mental health services or a protective | ||
| custody order may be renewed as provided by this chapter while a | ||
| patient or proposed patient is receiving services in a hospital | ||
| under this section. | ||
| SECTION 8. Section 770, Texas Probate Code, is amended by | ||
| amending Subsection (b) and adding Subsection (e) to read as | ||
| follows: | ||
| (b) Except as provided by Subsection (c), [ |
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| of this section, a guardian may not voluntarily admit an | ||
| incapacitated person to a public or private in-patient psychiatric | ||
| facility or to a residential facility operated by the Texas | ||
| Department of Mental Health and Mental Retardation for care and | ||
| treatment. If care and treatment in a psychiatric or a residential | ||
| facility are necessary, the person or the person's guardian may: | ||
| (1) apply for services under Section 593.027 or | ||
| 593.028, Health and Safety Code; | ||
| (2) apply to a court to commit the person under | ||
| Subtitle D, Title 7, Health and Safety Code (Persons with Mental | ||
| Retardation Act), Subtitle C, Title 7, Health and Safety Code | ||
| (Texas Mental Health Code), or Chapter 462, Health and Safety Code; | ||
| or | ||
| (3) transport the ward to an inpatient mental health | ||
| facility for a preliminary examination in accordance with | ||
| Subchapters A and C, Chapter 573, Health and Safety Code. | ||
| (e) A guardian of a person 16 years of age or older whose | ||
| primary incapacity is an intellectual disability and whose mental | ||
| age is younger than 16 years of age may voluntarily admit the person | ||
| to a public or private inpatient psychiatric facility for care and | ||
| treatment for a period not to exceed 14 days. The guardian and the | ||
| facility administrator shall immediately file written notice with | ||
| the court of an admission under this subsection. | ||
| SECTION 9. This Act takes effect September 1, 2011. | ||
