Bill Text: TX SB1161 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to requiring certain persons to follow certain plans and receive certain mental health services on release or discharge from an inpatient mental health facility.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-10 - Left pending in committee [SB1161 Detail]

Download: Texas-2011-SB1161-Introduced.html

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82R9563 EES-F
By: Wentworth S.B. No. 1161

A BILL TO BE ENTITLED
AN ACT
relating to requiring certain persons to follow certain plans and
receive certain mental health services on release or discharge from
an inpatient mental health facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.023, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsections (c), (d),
and (e) to read as follows:
(b) Except as provided by Subsections (c) and (d), a [A]
person admitted to a facility under Section 573.022 shall be
released if the facility administrator determines at any time
during the emergency detention period that one of the criteria
prescribed by Section 573.022(2) no longer applies.
(c) If the person has received involuntary inpatient mental
health services six or more times in the year preceding the date the
person was admitted to the facility and may be released under
Subsection (b), the physician responsible for the person's
treatment shall prepare a continuing care plan for the person and
the facility shall apply to the court that issued the warrant or
another court having probate jurisdiction in the county for an
order to compel the person to follow the continuing care plan for 90
days. In accordance with the continuing care plan, the court may
order the person to:
(1) receive treatment with psychoactive medication;
(2) participate in counseling; and
(3) refrain from the use of alcohol or illicit drugs.
(d) The court may renew an order issued under Subsection (c)
one or more times for an additional 90 days if the court finds that
renewal is in the best interest of the person.
(e) If a person fails to follow the requirements of the
continuing care plan, the judge that issued the order requiring the
plan may issue a warrant for the person's apprehension in
accordance with Section 573.012.
SECTION 2. Section 574.034, Health and Safety Code, is
amended by amending Subsection (i) and adding Subsections (j) and
(k) to read as follows:
(i) Except as provided by Subsection (j), a [A] judge may
advise, but may not compel, the proposed patient to:
(1) receive treatment with psychoactive medication as
specified by the outpatient mental health services treatment plan;
(2) participate in counseling; and
(3) refrain from the use of alcohol or illicit drugs.
(j) If the proposed patient has received involuntary
inpatient mental health services six or more times in the year
preceding the date the order is issued, the judge may compel the
proposed patient to:
(1) receive treatment with psychoactive medication as
specified by the outpatient mental health services treatment plan;
(2) participate in counseling; and
(3) refrain from the use of alcohol or illicit drugs.
(k) If a patient fails to follow the requirements of the
outpatient mental health services treatment plan, the judge of the
court that issued the order may issue a warrant for the patient's
apprehension in accordance with Section 573.012.
SECTION 3. Section 574.081, Health and Safety Code, is
amended by amending Subsection (f) and adding Subsections (i) and
(j) to read as follows:
(f) Except as provided by Subsections (i) and (j), a [A]
patient who is to be discharged may refuse the continuing care
services.
(i) If a patient received involuntary inpatient mental
health services six or more times in the year preceding the date the
commitment order was issued, the facility shall apply to the court
that entered the order committing the person for an order to compel
the patient to follow the continuing care plan for 90 days. In
accordance with the continuing care plan, the judge may order the
patient to:
(1) receive treatment with psychoactive medication;
(2) participate in counseling; and
(3) refrain from the use of alcohol or illicit drugs.
(j) The court may renew an order issued under Subsection (i)
one or more times for an additional 90 days if the court finds that
renewal is in the best interest of the patient.
SECTION 4. This Act takes effect September 1, 2011.