Health and Safety Code
CHAPTER 574. COURT-ORDERED MENTAL HEALTH SERVICES
SUBCHAPTER A. APPLICATION FOR COMMITMENT AND PREHEARING
PROCEDURES
Sec. 574.001. Application for Court-Ordered Mental Health Services.
(a) A county or district attorney or other adult may file a
sworn written application for court-ordered mental health
services. Only the district or county attorney may file an
application that is not accompanied by a certificate of medical
examination.
(b) Except as provided by Subsection (f), the application must
be filed with the county clerk in the county in which the
proposed patient:
(1) resides;
(2) is found; or
(3) is receiving mental health services by court order or
under Subchapter A, Chapter 573.
(c) If the application is not filed in the county in which the
proposed patient resides, the court may, on request of the
proposed patient or the proposed patient's attorney and if good
cause is shown, transfer the application to that county.
(d) An application may be transferred to the county in which
the person is being detained under Subchapter B if the county to
which the application is to be transferred approves such
transfer. A transfer under this subsection does not preclude the
proposed patient from filing a motion to transfer under
Subsection (c).
(e) An order transferring a criminal defendant against whom all
charges have been dismissed to the appropriate court for a
hearing on court-ordered mental health services in accordance
with Section 7, Article 46.02, Code of Criminal Procedure, serves
as an application under this section. The order must state that
all charges have been dismissed.
(f) An application in which the proposed patient is a child in
the custody of the Texas Youth Commission may be filed in the
county in which the child's commitment to the commission was
ordered.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1995, 74th Leg., ch. 770, Sec. 4, eff. June 16,
1995; Acts 1997, 75th Leg., ch. 1086, Sec. 38, eff. June 19,
1997.
Sec. 574.002. Form of Application.
(a) An application for court-ordered mental health services
must be styled using the proposed patient's initials and not the
proposed patient's full name.
(b) The application must state whether the application is for
temporary or extended mental health services. An application for
extended mental health services must state that the person has
received court-ordered inpatient mental health services under
this subtitle or under Section 5, Article 46.02, Code of Criminal
Procedure, for at least 60 consecutive days during the preceding
12 months.
(c) Any application must contain the following information
according to the applicant's information and belief:
(1) the proposed patient's name and address;
(2) the proposed patient's county of residence in this
state;
(3) a statement that the proposed patient is mentally ill
and meets the criteria in Section 574.034 or 574.035 for
court-ordered mental health services; and
(4) whether the proposed patient is charged with a criminal
offense.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.003. Appointment of Attorney.
(a) The judge shall appoint an attorney to represent a proposed
patient within 24 hours after the time an application for
court-ordered mental health services is filed if the proposed
patient does not have an attorney. At that time, the judge shall
also appoint a language or sign interpreter if necessary to
ensure effective communication with the attorney in the proposed
patient's primary language.
(b) The court shall inform the attorney in writing of the
attorney's duties under Section 574.004.
(c) The proposed patient's attorney shall be furnished with all
records and papers in the case and is entitled to have access to
all hospital and physicians' records.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.004. Duties of Attorney.
(a) An attorney representing a proposed patient shall interview
the proposed patient within a reasonable time before the date of
the hearing on the application.
(b) The attorney shall thoroughly discuss with the proposed
patient the law and facts of the case, the proposed patient's
options, and the grounds on which the court-ordered mental health
services are being sought. A court-appointed attorney shall also
inform the proposed patient that the proposed patient may obtain
personal legal counsel at the proposed patient's expense instead
of accepting the court-appointed counsel.
(c) The attorney may advise the proposed patient of the wisdom
of agreeing to or resisting efforts to provide mental health
services, but the proposed patient shall make the decision to
agree to or resist the efforts. Regardless of an attorney's
personal opinion, the attorney shall use all reasonable efforts
within the bounds of law to advocate the proposed patient's right
to avoid court-ordered mental health services if the proposed
patient expresses a desire to avoid the services. If the
proposed patient desires, the attorney shall advocate for the
least restrictive treatment alternatives to court-ordered
inpatient mental health services.
(d) Before a hearing, the attorney shall:
(1) review the application, the certificates of medical
examination for mental illness, and the proposed patient's
relevant medical records;
(2) interview supporting witnesses and other witnesses who
will testify at the hearing; and
(3) explore the least restrictive treatment alternatives to
court-ordered inpatient mental health services.
(e) The attorney shall advise the proposed patient of the
proposed patient's right to attend a hearing or to waive the
right to attend a hearing and shall inform the court why a
proposed patient is absent from a hearing.
(f) The attorney shall discuss with the proposed patient:
(1) the procedures for appeal, release, and discharge if the
court orders participation in mental health services; and
(2) other rights the proposed patient may have during the
period of the court's order.
(g) To withdraw from a case after interviewing a proposed
patient, an attorney must file a motion to withdraw with the
court. The court shall act on the motion as soon as possible.
An attorney may not withdraw from a case unless the withdrawal is
authorized by court order.
(h) The attorney is responsible for a person's legal
representation until:
(1) the application is dismissed;
(2) an appeal from an order directing treatment is taken;
(3) the time for giving notice of appeal expires by
operation of law; or
(4) another attorney assumes responsibility for the case.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.005. Setting on Application.
(a) The judge or a magistrate designated under Section
574.021(e) shall set a date for a hearing to be held within 14
days after the date on which the application is filed.
(b) The hearing may not be held during the first three days
after the application is filed if the proposed patient or the
proposed patient's attorney objects.
(c) The court may grant one or more continuances of the hearing
on the motion by a party and for good cause shown or on agreement
of the parties. However, the hearing shall be held not later
than the 30th day after the date on which the original
application is filed. If extremely hazardous weather conditions
exist or a disaster occurs that threatens the safety of the
proposed patient or other essential parties to the hearing, the
judge or magistrate may, by written order made each day, postpone
the hearing for 24 hours. The written order must declare that an
emergency exists because of the weather or the occurrence of a
disaster.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.006. Notice.
(a) The proposed patient and his attorney are entitled to
receive a copy of the application and written notice of the time
and place of the hearing immediately after the date for the
hearing is set.
(b) A copy of the application and the written notice shall be
delivered in person or sent by certified mail to the proposed
patient's:
(1) parent, if the proposed patient is a minor;
(2) appointed guardian, if the proposed patient is the
subject of a guardianship; or
(3) each managing and possessory conservator that has been
appointed for the proposed patient.
(c) Notice may be given to the proposed patient's next of kin
if the relative is the applicant and the parent cannot be located
and a guardian or conservator has not been appointed.
(d) Notice of the time and place of any hearing and of the
name, telephone number, and address of any attorneys known or
believed to represent the state or the proposed patient shall be
furnished to any person stating that that person has evidence to
present upon any material issue, without regard to whether such
evidence is on behalf of the state or of the proposed patient.
The notice shall not include the application, medical records,
names or addresses of other potential witnesses, or any other
information whatsoever. Any clerk, judge, magistrate, court
coordinator, or other officer of the court shall provide such
information and shall be entitled to judicial immunity in any
civil suit seeking damages as a result of providing such notice.
Should such evidence be offered at trial and the adverse party
claim surprise, the hearing may be continued under the provisions
of Section 574.005, and the person producing such evidence shall
be entitled to timely notice of the date and time of such
continuance.
Any officer, employee, or agent of the department shall refer
any inquiring person to the court authorized to provide the
notice if such information is in the possession of the
department. The notice shall be provided in the form that is
most understandable to the person making such inquiry.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1995, 74th Leg., ch. 623, Sec. 1, eff. Aug. 28,
1995.
Sec. 574.007. Disclosure of Information.
(a) The proposed patient's attorney may request information
from the county or district attorney in accordance with this
section if the attorney cannot otherwise obtain the information.
(b) If the proposed patient's attorney requests the information
at least 48 hours before the time set for the hearing, the county
or district attorney shall, within a reasonable time before the
hearing, provide the attorney with a statement that includes:
(1) the provisions of this subtitle that will be relied on
at the hearing to establish that the proposed patient requires
court-ordered temporary or extended inpatient mental health
services;
(2) the reasons voluntary outpatient services are not
considered appropriate for the proposed patient;
(3) the name, address, and telephone number of each witness
who may testify at the hearing;
(4) a brief description of the reasons court-ordered
temporary or extended inpatient or outpatient, as appropriate,
mental health services are required; and
(5) a list of any acts committed by the proposed patient
that the applicant will attempt to prove at the hearing.
(c) At the hearing, the judge may admit evidence or testimony
that relates to matters not disclosed under Subsection (b) if the
admission would not deprive the proposed patient of a fair
opportunity to contest the evidence or testimony.
(d) Except as provided by this subsection, not later than 48
hours before the time set for the hearing on the petition for
commitment, the county or district attorney shall inform the
proposed patient through the proposed patient's attorney whether
the county or district attorney will request that the proposed
patient be committed to inpatient services or outpatient
services. The proposed patient, the proposed patient's attorney,
and the county or district attorney may agree to waive the
requirement of this subsection. The waiver must be made by the
proposed patient:
(1) orally and in the presence of the court; or
(2) in writing and signed and sworn to under oath by the
proposed patient and the proposed patient's attorney.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1997, 75th Leg., ch. 744, Sec. 1, eff. Sept. 1,
1997.
Sec. 574.008. Court Jurisdiction and Transfer.
(a) A proceeding under Subchapter C or E must be held in the
statutory or constitutional county court that has the
jurisdiction of a probate court in mental illness matters.
(b) If the hearing is to be held in a county court in which the
judge is not a licensed attorney, the proposed patient or the
proposed patient's attorney may request that the proceeding be
transferred to a court with a judge who is licensed to practice
law in this state. The county judge shall transfer the case
after receiving the request and the receiving court shall hear
the case as if it had been originally filed in that court.
(c) If a patient is receiving temporary inpatient mental health
services in a county other than the county that initiated the
court-ordered inpatient mental health services and the patient
requires extended inpatient mental health services, the county in
which the proceedings originated shall pay the expenses of
transporting the patient back to the county for the hearing
unless the court that entered the temporary order arranges with
the appropriate court in the county in which the patient is
receiving services to hold the hearing on court-ordered extended
inpatient mental health services before the original order
expires.
(d) If an order for outpatient services designates that such
services be provided in a county other than the county in which
the order was initiated, the court shall transfer the case to the
appropriate court in the county in which the services are being
provided. That court shall thereafter have exclusive, continuing
jurisdiction of the case, including the receipt of the general
treatment program required by Section 574.037(b).
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1995, 74th Leg., ch. 770, Sec. 5, eff. June 16,
1995.
Sec. 574.0085. Masters.
(a) The county judge may appoint a full-time or a part-time
master to preside over the proceedings for court-ordered mental
health services if the commissioners court of a county in which
the court has jurisdiction authorizes the employment of a master.
(b) To be eligible for appointment as a master, a person must
be a resident of this state and have been licensed to practice
law in this state for at least four years or be a retired county
judge, statutory or constitutional, with at least 10 years of
service.
(c) A master shall be paid as determined by the commissioners
court of the county in which the master serves. If a master
serves in more than one county, the master shall be paid as
determined by agreement of the commissioners courts of the
counties in which the master serves. The master may be paid from
county funds available for payment of officers' salaries.
(d) A master who serves a single court serves at the will of
the judge of that court. The services of a master who serves
more than two courts may be terminated by a majority vote of all
the judges of the courts the master serves. The services of a
master who serves two courts may be terminated by either of the
judges of the courts the master serves.
(e) To refer cases to a master, the referring court must issue
an order of referral. The order of referral may limit the power
or duties of a master.
(f) Except as limited by an order of referral, masters
appointed under this section have all the powers and duties set
forth in Section 201.007, Family Code.
(g) A bailiff may attend a hearing held by a master if directed
by the referring court.
(h) A witness appearing before a master is subject to the
penalties for perjury provided by law. A referring court may
issue attachment against and may fine or imprison a witness whose
failure to appear before a master after being summoned or whose
refusal to answer questions has been certified to the court.
(i) At the conclusion of any hearing conducted by a master and
on the preparation of a master's report, the master shall
transmit to the referring court all papers relating to the case,
with the master's signed and dated report. After the master's
report has been signed, the master shall give to the parties
participating in the hearing notice of the substance of the
report. The master's report may contain the master's findings,
conclusions, or recommendations. The master's report must be in
writing in a form as the referring court may direct. The form
may be a notation on the referring court's docket sheet. After
the master's report is filed, the referring court may adopt,
approve, or reject the master's report, hear further evidence, or
recommit the matter for further proceedings as the referring
court considers proper and necessary in the particular
circumstances of the case.
(j) If a jury trial is demanded or required, the master shall
refer the entire matter back to the referring court for trial.
(k) A master appointed under this section has the judicial
immunity of a county judge.
(l) A master appointed in accordance with this section shall
comply with the Code of Judicial Conduct in the same manner as
the county judge.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.47, eff. Aug. 30,
1993. Amended by Acts 1995, 74th Leg., ch. 770, Sec. 6, eff.
June 16, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 7.45, eff.
Sept. 1, 1997.
Sec. 574.009. Requirement of Medical Examination.
(a) A hearing on an application for court-ordered mental health
services may not be held unless there are on file with the court
at least two certificates of medical examination for mental
illness completed by different physicians each of whom has
examined the proposed patient during the preceding 30 days. At
least one of the physicians must be a psychiatrist if a
psychiatrist is available in the county.
(b) If the certificates are not filed with the application, the
judge or magistrate designated under Section 574.021(e) may
appoint the necessary physicians to examine the proposed patient
and file the certificates.
(c) The judge or designated magistrate may order the proposed
patient to submit to the examination and may issue a warrant
authorizing a peace officer to take the proposed patient into
custody for the examination.
(d) If the certificates required under this section are not on
file at the time set for the hearing on the application, the
judge shall dismiss the application and order the immediate
release of the proposed patient if that person is not at liberty.
If extremely hazardous weather conditions exist or a disaster
occurs, the presiding judge or magistrate may by written order
made each day extend the period during which the two certificates
of medical examination for mental illness may be filed, and the
person may be detained until 4 p.m. on the first succeeding
business day. The written order must declare that an emergency
exists because of the weather or the occurrence of a disaster.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.48, eff. Aug.
30, 1993.
Sec. 574.010. Independent Psychiatric Evaluation and Expert Testimony.
(a) The court may order an independent evaluation of the
proposed patient by a psychiatrist chosen by the proposed patient
if the court determines that the evaluation will assist the
finder of fact. The psychiatrist may testify on behalf of the
proposed patient.
(b) If the court determines that the proposed patient is
indigent, the court may authorize reimbursement to the attorney
ad litem for court-approved expenses incurred in obtaining expert
testimony and may order the proposed patient's county of
residence to pay the expenses.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.011. Certificate of Medical Examination for Mental Illness.
(a) A certificate of medical examination for mental illness
must be sworn to, dated, and signed by the examining physician.
The certificate must include:
(1) the name and address of the examining physician;
(2) the name and address of the person examined;
(3) the date and place of the examination;
(4) a brief diagnosis of the examined person's physical and
mental condition;
(5) the period, if any, during which the examined person has
been under the care of the examining physician;
(6) an accurate description of the mental health treatment,
if any, given by or administered under the direction of the
examining physician; and
(7) the examining physician's opinion that:
(A) the examined person is mentally ill; and
(B) as a result of that illness the examined person is
likely to cause serious harm to himself or to others or is:
(i) suffering severe and abnormal mental,
emotional, or physical distress;
(ii) experiencing substantial mental or
physical deterioration of his ability to function independently,
which is exhibited by the proposed patient's inability, except
for reasons of indigence, to provide for the proposed patient's
basic needs, including food, clothing, health, or safety; and
(iii) not able to make a rational and
informed decision as to whether to submit to treatment.
(b) The examining physician must specify in the certificate
which criterion listed in Subsection (a)(7)(B) forms the basis
for the physician's opinion.
(c) If the certificate is offered in support of an application
for extended mental health services, the certificate must also
include the examining physician's opinion that the examined
person's condition is expected to continue for more than 90 days.
(d) If the certificate is offered in support of a motion for a
protective custody order, the certificate must also include the
examining physician's opinion that the examined person presents a
substantial risk of serious harm to himself or others if not
immediately restrained. The harm may be demonstrated by the
examined person's behavior or by evidence of severe emotional
distress and deterioration in the examined person's mental
condition to the extent that the examined person cannot remain at
liberty.
(e) The certificate must include the detailed reason for each
of the examining physician's opinions under this section.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1997, 75th Leg., ch. 744, Sec. 2, eff. Sept. 1,
1997.
Sec. 574.012. Recommendation for Treatment.
(a) The commissioner shall designate a facility or provider in
the county in which an application is filed to file with the
court a recommendation for the most appropriate treatment
alternative for the proposed patient.
(b) The facility or provider that is designated must be:
(1) the single portal authority for the county; or
(2) a community center or any other appropriate facility or
provider in the county if the county is not served by a single
portal authority.
(c) The court shall direct the designated entity to file,
before the date set for the hearing, its recommendation for the
proposed patient's treatment.
(d) If outpatient treatment is recommended, the entity will
also file a statement as to whether the proposed mental health
services are available through:
(1) the local mental health authority because:
(A) the proposed patient is a member of a priority
population identified for those mental health services in
the department's long-range plan; and
(B) that sufficient resources to provide the necessary
services are available; and
(2) another mental health services provider and that
sufficient resources to provide the necessary services are
available.
(e) The hearing on an application may not be held before the
recommendation for treatment is filed unless the court determines
that an emergency exists.
(f) This section does not relieve a county of its
responsibility under other provisions of this subtitle to
diagnose, care for, or treat persons with mental illness.
(g) This section does not apply to a person for whom treatment
in a private mental health facility is proposed.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1997, 75th Leg., ch. 744, Sec. 3, eff. Sept. 1,
1997.
Sec. 574.013. Liberty Pending Hearing.
The proposed patient is entitled to remain at liberty pending
the hearing on the application unless the person is detained
under an appropriate provision of this subtitle.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.014. Compilation of Mental Health Commitment Records.
(a) The clerk of each court with jurisdiction to order
commitment under this chapter shall provide the Office of Court
Administration each month with a report of the number of
applications for commitment orders for involuntary mental health
services filed with the court and the disposition of those cases,
including the number of commitment orders for inpatient and
outpatient mental health services. The Office of Court
Administration shall make the reported information available to
the department annually.
(b) Subsection (a) does not require the production of
confidential information or information protected under Section
571.015.
Added by Acts 1997, 75th Leg., ch. 744, Sec. 4, eff. Sept. 1,
1997.
SUBCHAPTER B. PROTECTIVE CUSTODY
Sec. 574.021. Motion for Order of Protective Custody.
(a) A motion for an order of protective custody may be filed only
in the court in which an application for court-ordered mental
health services is pending.
(b) The motion may be filed by the county or district attorney or
on the court's own motion.
(c) The motion must state that:
(1) the judge or county or district attorney has reason to
believe and does believe that the proposed patient meets the
criteria authorizing the court to order protective custody; and
(2) the belief is derived from:
(A) the representations of a credible person;
(B) the proposed patient's conduct; or
(C) the circumstances under which the proposed patient is found.
(d) The motion must be accompanied by a certificate of medical
examination for mental illness prepared by a physician who has
examined the proposed patient not earlier than the fifth day
before the day the motion is filed.
(e) The judge of the court in which the application is pending
may designate a magistrate to issue protective custody orders in
the judge's absence.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.022. Issuance of Order.
(a) The judge or designated magistrate may issue a protective
custody order if the judge or magistrate determines:
(1) that a physician has stated his opinion and the detailed
reasons for his opinion that the proposed patient is mentally
ill; and
(2) the proposed patient presents a substantial risk of
serious harm to himself or others if not immediately restrained
pending the hearing.
(b) The determination that the proposed patient presents a
substantial risk of serious harm may be demonstrated by the
proposed patient's behavior or by evidence of severe emotional
distress and deterioration in the proposed patient's mental
condition to the extent that the proposed patient cannot remain
at liberty.
(c) The judge or magistrate may make a determination that the
proposed patient meets the criteria prescribed by Subsection (a)
from the application and certificate alone if the judge or
magistrate determines that the conclusions of the applicant and
certifying physician are adequately supported by the information
provided.
(d) The judge or magistrate may take additional evidence if a
fair determination of the matter cannot be made from
consideration of the application and certificate only.
(e) The judge or magistrate may issue a protective custody
order for a proposed patient who is charged with a criminal
offense if the proposed patient meets the requirements of this
section and the facility administrator designated to detain the
proposed patient agrees to the detention.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.023. Apprehension Under Order.
(a) A protective custody order shall direct a peace officer or
other designated person to take the proposed patient into
protective custody and transport the person immediately to:
(1) a facility of the single portal authority for the area;
(2) an appropriate inpatient mental health facility, if no
single portal authority serves the area; or
(3) a facility deemed suitable by the county's mental health
authority, if no single portal authority serves the area and an
appropriate inpatient mental health facility is not available.
(b) The proposed patient shall be detained in the facility
until a hearing is held under Section 574.025.
(c) If a single portal authority lacks the local resources to
care for a proposed patient, the authority shall transfer the
proposed patient to a state hospital or, on the request of the
authority, the judge may order that the proposed patient be
detained in a state hospital.
(d) A facility must comply with this section only to the extent
that the commissioner determines that the facility has sufficient
resources to perform the necessary services.
(e) A person may not be detained in a private mental health
facility without the consent of the facility administrator.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.024. Appointment of Attorney.
(a) When a protective custody order is signed, the judge or
designated magistrate shall appoint an attorney to represent a
proposed patient who does not have an attorney.
(b) Within a reasonable time before a hearing is held under
Section 574.025, the court that ordered the protective custody
shall provide to the proposed patient and the proposed patient's
attorney a written notice that states:
(1) that the proposed patient has been placed under a
protective custody order;
(2) the grounds for the order; and
(3) the time and place of the hearing to determine probable
cause.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.025. Probable Cause Hearing.
(a) A hearing must be held to determine if:
(1) there is probable cause to believe that a proposed
patient under a protective custody order presents a substantial
risk of serious harm to himself or others to the extent that he
cannot be at liberty pending the hearing on court-ordered
mental health services; and
(2) a physician has stated his opinion and the detailed
reasons for his opinion that the proposed patient is mentally
ill.
(b) The hearing must be held not later than 72 hours after the
time that the proposed patient was detained under a protective
custody order. If the period ends on a Saturday, Sunday, or
legal holiday, the hearing must be held on the next day that is
not a Saturday, Sunday, or legal holiday. The judge or
magistrate may postpone the hearing each day for an additional 24
hours if the judge or magistrate declares that an extreme
emergency exists because of extremely hazardous weather
conditions or the occurrence of a disaster that threatens the
safety of the proposed patient or another essential party to the
hearing.
(c) The hearing shall be held before a magistrate or, at the
discretion of the presiding judge, before a master appointed by
the presiding judge. Notwithstanding any other law or
requirement, a master appointed to conduct a hearing under this
section may practice law in the court the master serves. The
master is entitled to reasonable compensation.
(d) The proposed patient and the proposed patient's attorney
shall have an opportunity at the hearing to appear and present
evidence to challenge the allegation that the proposed patient
presents a substantial risk of serious harm to himself or others.
(e) The magistrate or master may consider evidence, including
letters, affidavits, and other material, that may not be
admissible or sufficient in a subsequent commitment hearing.
(f) The state may prove its case on the physician's certificate
of medical examination filed in support of the initial motion.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1995, 74th Leg., ch. 101, Sec. 1, eff. May 16,
1995.
Sec. 574.026. Order for Continued Detention.
(a) The magistrate or master shall order that a proposed
patient remain in protective custody if the magistrate or master
determines after the hearing that an adequate factual basis
exists for probable cause to believe that the proposed patient
presents a substantial risk of serious harm to himself or others
to the extent that he cannot remain at liberty pending the
hearing on court-ordered mental health services.
(b) The magistrate or master shall arrange for the proposed
patient to be returned to the mental health facility or other
suitable place, along with copies of the certificate of medical
examination, any affidavits or other material submitted as
evidence in the hearing, and the notification prepared as
prescribed by Subsection (d).
(c) A copy of the notification of probable cause hearing and
the supporting evidence shall be filed with the court that
entered the original order of protective custody.
(d) The notification of probable cause hearing shall read as
follows:
(Style of Case)
NOTIFICATION OF PROBABLE CAUSE HEARING
On this the __________ day of __________, 19___, the undersigned
hearing officer heard evidence concerning the need for protective
custody of __________ (hereinafter referred to as proposed
patient). The proposed patient was given the opportunity to
challenge the allegations that (s)he presents a substantial risk
of serious harm to self or others.
The proposed patient and his attorney ______________________ have
been??
(attorney) ??
given written notice that the proposed patient was placed under
an order of??
protective custody and the reasons for such order on
. (date of notice) ??
I have examined the certificate of medical examination for mental
illness??
and __________________________________. Based on this evidence,
I find that??
(other evidence considered)??
there is probable cause to believe that the proposed patient
presents a substantial risk of serious harm to himself (yes ____
or no ____) or others??
(yes ____ or no ____) such that (s)he cannot be at liberty
pending final??
hearing because
. (reasons for finding; type of risk found)??
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.027. Detention in Protective Custody.
(a) A person under a protective custody order shall be detained
in:
(1) a facility of the single portal authority for the area;
(2) an appropriate inpatient mental health facility, if no
single portal authority serves the area; or
(3) a facility deemed suitable by the county's mental health
authority, if no single portal authority serves the area and an
appropriate inpatient mental health facility is not available.
(b) The facility administrator or the administrator's designee
shall detain a person under a protective custody order in the
facility until a final order for court-ordered mental health
services is entered or the person is released or discharged under
Section 574.028.
(c) A person under a protective custody order may not be
detained in a nonmedical facility used to detain persons who are
charged with or convicted of a crime except because of and during
an extreme emergency and in no case for longer than 72 hours,
excluding Saturdays, Sundays, legal holidays, and the period
prescribed by Section 574.025(b) for an extreme emergency. The
person must be isolated from any person who is charged with or
convicted of a crime.
(d) The county health authority shall ensure that proper care
and medical attention are made available to a person who is
detained in a nonmedical facility under Subsection (c).
(e) If a single portal authority lacks the local resources to
care for a person, the authority shall transfer the person to a
state mental hospital or, on the request of the authority, the
judge may order that the person be detained in a state mental
hospital.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.028. Release From Detention.
(a) The magistrate or master shall order the release of a
person under a protective custody order if the magistrate or
master determines after the hearing under Section 574.025 that no
probable cause exists to believe that the proposed patient
presents a substantial risk of serious harm to himself or others.
(b) Arrangements shall be made to return a person released
under Subsection (a) to:
(1) the location of the person's apprehension;
(2) the person's residence in this state; or
(3) another suitable location.
(c) A facility administrator shall discharge a person held
under a protective custody order if:
(1) the facility administrator does not receive notice that
the person's continued detention is authorized after a probable
cause hearing held within 72 hours after the detention began,
excluding Saturdays, Sundays, legal holidays, and the period
prescribed by Section 574.025(b) for extreme emergencies;
(2) a final order for court-ordered mental health services
has not been entered within the time prescribed by Section
574.005; or
(3) the facility administrator or the administrator's
designee determines that the person no longer meets the
criteria for protective custody prescribed by Section 574.022.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
SUBCHAPTER C. PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH
SERVICES
Sec. 574.031. General Provisions Relating to Hearing.
(a) Except as provided by Subsection (b), the judge may hold a
hearing on an application for court-ordered mental health
services at any suitable location in the county. The hearing
should be held in a physical setting that is not likely to have a
harmful effect on the proposed patient.
(b) On the request of the proposed patient or the proposed
patient's attorney the hearing on the application shall be held
in the county courthouse.
(c) The proposed patient is entitled to be present at the
hearing. The proposed patient or the proposed patient's attorney
may waive this right.
(d) The hearing must be open to the public unless the proposed
patient or the proposed patient's attorney requests that the
hearing be closed and the judge determines that there is good
cause to close the hearing.
(e) The Texas Rules of Civil Evidence apply to the hearing unless
the rules are inconsistent with this subtitle.
(f) The court may consider the testimony of a nonphysician mental
health professional in addition to medical or psychiatric
testimony.
(g) The hearing is on the record, and the state must prove each
element of the applicable criteria by clear and convincing
evidence.
(h) A judge who holds a hearing under this section in hospitals
or locations other than the county courthouse is entitled to be
reimbursed for the judge's reasonable and necessary expenses
related to holding a hearing at that location. The judge shall
furnish the presiding judge of the statutory probate courts or
the presiding judge of the administrative region, as appropriate,
an accounting of the expenses for certification. The presiding
judge shall provide a certification of expenses approved to the
county judge responsible for payment of costs under Section
571.018.
(i) A judge who holds hearings at locations other than the county
courthouse also may receive a reasonable salary supplement in an
amount set by the commissioners court.
(j) Notwithstanding other law, a judge who holds a hearing under
this section may assess for the judge's services a fee in an
amount not to exceed $50 as a court cost against the county
responsible for the payment of the costs of the hearing under
Section 571.018.
(k) Notwithstanding other law, a judge who holds a hearing under
this section may assess for the services of a prosecuting
attorney a fee in an amount not to exceed $50 as a court cost
against the county responsible for the payment of the costs of
the hearing under Section 571.018.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1997, 75th Leg., ch. 1354, Sec. 1, eff. Sept. 1,
1997.
Sec. 574.032. Right to Jury.
(a) A hearing for temporary mental health services must be
before the court unless the proposed patient or the proposed
patient's attorney requests a jury.
(b) A hearing for extended mental health services must be
before a jury unless the proposed patient or the proposed
patient's attorney waives the right to a jury.
(c) A waiver of the right to a jury must be in writing, under
oath, and signed and sworn to by the proposed patient and the
proposed patient's attorney unless the proposed patient or the
attorney orally waives the right to a jury in the court's
presence.
(d) The court may permit an oral or written waiver of the right
to a jury to be withdrawn for good cause shown. The withdrawal
must be made not later than the eighth day before the date on
which the hearing is scheduled.
(e) A court may not require a jury fee.
(f) In a hearing before a jury, the jury shall determine if the
proposed patient is mentally ill and meets the criteria for
court-ordered mental health services. The jury may not make a
finding about the type of services to be provided to the proposed
patient.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.033. Release After Hearing.
(a) The court shall enter an order denying an application for
court-ordered temporary or extended mental health services if
after a hearing the court or jury fails to find, from clear and
convincing evidence, that the proposed patient is mentally ill
and meets the applicable criteria for court-ordered mental health
services.
(b) If the court denies the application, the court shall order
the immediate release of a proposed patient who is not at
liberty.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.034. Order for Temporary Mental Health Services.
(a) The judge may order a proposed patient to receive
court-ordered temporary inpatient mental health services only if
the judge or jury finds, from clear and convincing evidence,
that:
(1) the proposed patient is mentally ill; and
(2) as a result of that mental illness the proposed patient:
(A) is likely to cause serious harm to himself;
(B) is likely to cause serious harm to others; or
(C) is:
(i) suffering severe and abnormal mental,
emotional, or physical distress;
(ii) experiencing substantial mental or
physical deterioration of the proposed patient's ability to
function independently, which is exhibited by the proposed
patient's inability, except for reasons of indigence, to provide
for the proposed patient's basic needs, including food, clothing,
health, or safety; and
(iii) unable to make a rational and informed
decision as to whether or not to submit to treatment.
(b) The judge may order a proposed patient to receive
court-ordered temporary outpatient mental health services only
if:
(1) the judge finds that appropriate mental health services
are available to the patient; and
(2) the judge or jury finds, from clear and convincing
evidence, that:
(A) the proposed patient is mentally ill;
(B) the nature of the mental illness is severe and
persistent;
(C) as a result of the mental illness, the proposed
patient will, if not treated, continue to:
(i) suffer severe and abnormal mental,
emotional, or physical distress; and
(ii) experience deterioration of the ability
to function independently to the extent that the proposed patient
will be unable to live safely in the community without
court-ordered outpatient mental health services; and
(D) the proposed patient has an inability to participate
in outpatient treatment services effectively and
voluntarily, demonstrated by:
(i) any of the proposed patient's actions
occurring within the two-year period which immediately precedes
the hearing; or
(ii) specific characteristics of the proposed
patient's clinical condition that make impossible a rational and
informed decision whether to submit to voluntary outpatient
treatment.
(c) If the judge or jury finds that the proposed patient meets
the commitment criteria prescribed by Subsection (a), the judge
or jury must specify which criterion listed in Subsection (a)(2)
forms the basis for the decision.
(d) To be clear and convincing under Subsection (a), the
evidence must include expert testimony and, unless waived,
evidence of a recent overt act or a continuing pattern of
behavior that tends to confirm:
(1) the likelihood of serious harm to the proposed patient
or others; or
(2) the proposed patient's distress and the deterioration of
the proposed patient's ability to function.
(e) To be clear and convincing under Subdivision (b)(2), the
evidence must include expert testimony and, unless waived,
evidence of a recent overt act or a continuing pattern of
behavior that tends to confirm:
(1) the proposed patient's distress;
(2) the deterioration of ability to function independently
to the extent that the proposed patient will be unable to live
safely in the community; and
(3) the proposed patient's inability to participate in
outpatient treatment services effectively and voluntarily.
(f) The proposed patient and the proposed patient's attorney,
by a written document filed with the court, may waive the right
to cross-examine witnesses, and, if that right is waived, the
court may admit, as evidence, the certificates of medical
examination for mental illness. The certificates admitted under
this subsection constitute competent medical or psychiatric
testimony, and the court may make its findings solely from the
certificates. If the proposed patient and the proposed patient's
attorney do not waive in writing the right to cross-examine
witnesses, the court shall proceed to hear testimony. The
testimony must include competent medical or psychiatric
testimony. In addition, the court may consider the testimony of
a nonphysician mental health professional as provided by Section
574.031(f).
(g) An order for temporary inpatient or outpatient mental
health services shall state that treatment is authorized for not
longer than 90 days. The order may not specify a shorter period.
(h) A judge may not issue an order for temporary inpatient or
outpatient mental health services for a proposed patient who is
charged with a criminal offense that involves an act, attempt, or
threat of serious bodily injury to another person.
(i) 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.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.49, eff. Aug.
30, 1993; Acts 1995, 74th Leg., ch. 770, Sec. 7, eff. June 16,
1995; Acts 1997, 75th Leg., ch. 744, Sec. 5, eff. Sept. 1, 1997.
Sec. 574.035. Order for Extended Mental Health Services.
(a) The judge may order a proposed patient to receive
court-ordered extended inpatient mental health services only if
the jury, or the judge if the right to a jury is waived, finds,
from clear and convincing evidence, that:
(1) the proposed patient is mentally ill;
(2) as a result of that mental illness the proposed patient:
(A) is likely to cause serious harm to himself;
(B) is likely to cause serious harm to others; or
(C) is:
(i) suffering severe and abnormal mental,
emotional, or physical distress;
(ii) experiencing substantial mental or
physical deterioration of the proposed patient's ability to
function independently, which is exhibited by the proposed
patient's inability, except for reasons of indigence, to provide
for the proposed patient's basic needs, including food, clothing,
health, or safety; and
(iii) unable to make a rational and informed
decision as to whether or not to submit to treatment;
(3) the proposed patient's condition is expected to continue
for more than 90 days; and
(4) the proposed patient has received court-ordered
inpatient mental health services under this subtitle or under
Article 46.02, Code of Criminal Procedure, for at least 60
consecutive days during the preceding 12 months.
(b) The judge may order a proposed patient to receive
court-ordered extended outpatient mental health services only if:
(1) the judge finds that appropriate mental health services
are available to the patient; and
(2) the jury, or the judge if the right to a jury is waived,
finds from clear and convincing evidence that:
(A) the proposed patient is mentally ill;
(B) the nature of the mental illness is severe and
persistent;
(C) as a result of the mental illness, the proposed
patient will, if not treated, continue to:
(i) suffer severe and abnormal mental,
emotional, or physical distress; and
(ii) experience deterioration of the ability
to function independently to the extent that the proposed patient
will be unable to live safely in the community without
court-ordered outpatient mental health services;
(D) the proposed patient has an inability to participate
in outpatient treatment services effectively or voluntarily,
demonstrated by:
(i) any of the proposed patient's actions
occurring within the two-year period which immediately precedes
the hearing; or
(ii) specific characteristics of the proposed
patient's clinical condition that make impossible a rational and
informed decision whether to submit to voluntary outpatient
treatment;
(E) the proposed patient's condition is expected to
continue for more than 90 days; and
(F) the proposed patient has received court-ordered
inpatient mental health services under this subtitle or
under Section 5, Article 46.02, Code of Criminal Procedure,
for at least 60 consecutive days during the preceding 12
months.
(c) If the jury or judge finds that the proposed patient meets
the commitment criteria prescribed by Subsection (a), the jury or
judge must specify which criterion listed in Subsection (a)(2)
forms the basis for the decision.
(d) The jury or judge is not required to make the finding under
Subsection (a)(4) or (b)(2)(F) if the proposed patient has
already been subject to an order for extended mental health
services.
(e) To be clear and convincing under Subsection (a), the
evidence must include expert testimony and evidence of a recent
overt act or a continuing pattern of behavior that tends to
confirm:
(1) the likelihood of serious harm to the proposed patient
or others; or
(2) the proposed patient's distress and the deterioration of
the proposed patient's ability to function.
(f) To be clear and convincing under Subdivision (b)(2), the
evidence must include expert testimony and evidence of a recent
overt act or a continuing pattern of behavior that tends to
confirm:
(1) the proposed patient's distress;
(2) the deterioration of ability to function independently
to the extent that the proposed patient will be unable to live
safely in the community; and
(3) the proposed patient's inability to participate in
outpatient treatment services effectively and voluntarily.
(g) The court may not make its findings solely from the
certificates of medical examination for mental illness but shall
hear testimony. The court may not enter an order for extended
mental health services unless appropriate findings are made and
are supported by testimony taken at the hearing. The testimony
must include competent medical or psychiatric testimony.
(h) An order for extended inpatient or outpatient mental health
services shall state that treatment is authorized for not longer
than 12 months. The order may not specify a shorter period.
(i) A judge may not issue an order for extended inpatient or
outpatient mental health services for a proposed patient who is
charged with a criminal offense that involves an act, attempt, or
threat of serious bodily injury to another person.
(j) 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.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1995, 74th Leg., ch. 770, Sec. 8, eff. June 16,
1995; Acts 1997, 75th Leg., ch. 312, Sec. 5, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 744, Sec. 6, eff. Sept. 1, 1997.
Sec. 574.036. Order of Care or Commitment.
(a) The judge shall dismiss the jury, if any, after a hearing
in which a person is found to be mentally ill and to meet the
criteria for court-ordered temporary or extended mental health
services.
(b) The judge may hear additional evidence relating to
alternative settings for care before entering an order relating
to the setting for the care the person will receive.
(c) The judge shall consider in determining the setting for
care the recommendation for the most appropriate treatment
alternative filed under Section 574.012.
(d) The judge shall order the mental health services provided
in the least restrictive appropriate setting available.
(e) The judge may enter an order:
(1) committing the person to a mental health facility for
inpatient care if the trier of fact finds that the person meets
the commitment criteria prescribed by Section 574.034(a) or
574.035(a); or
(2) committing the person to outpatient mental health
services if the trier of fact finds that the person meets the
commitment criteria prescribed by Section 574.034(b) or
574.035(b).
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1997, 75th Leg., ch. 744, Sec. 7, eff. Sept. 1,
1997.
Sec. 574.037. Court-Ordered Outpatient Services.
(a) The court, in an order that directs a patient to
participate in outpatient mental health services, shall identify
a person who is responsible for those services. The person
identified must be the facility administrator or an individual
involved in providing court-ordered outpatient services. A
person may not be designated as responsible for the ordered
services without the person's consent unless the person is the
facility administrator of a department facility or the facility
administrator of a community center that provides mental health
services in the region in which the committing court is located.
(b) The person responsible for the services shall submit to the
court within two weeks after the court enters the order a general
program of the treatment to be provided. The program must be
incorporated into the court order.
(c) The person responsible for the services shall inform the
court of:
(1) the patient's failure to comply with the court order;
and
(2) any substantial change in the general program of
treatment that occurs before the order expires.
(d) A facility must comply with this section to the extent that
the commissioner determines that the designated mental health
facility has sufficient resources to perform the necessary
services.
(e) A patient may not be detained in a private mental health
facility without the consent of the facility administrator.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
SUBCHAPTER D. DESIGNATION OF FACILITY AND TRANSPORTATION OF
PATIENT
Sec. 574.041. Designation of Facility.
(a) In an order for temporary or extended mental health services
specifying inpatient care, the court shall commit the patient to
a designated mental health facility. The court shall commit the
patient to:
(1) the facility of a single portal authority for the area, if an
authority has been designated for the area;
(2) a private mental hospital under Section 574.042;
(3) a hospital operated by a federal agency under Section
574.043; or
(4) an inpatient mental health facility of the institutional
division of the Texas Department of Criminal Justice under
Section 574.044.
(b) If a single portal authority lacks the local resources to
care for a patient, the authority shall transfer the patient to a
state mental hospital or, on the request of the authority, the
judge may commit the patient directly to a state mental hospital.
(c) A court may not commit a patient to an inpatient mental
health facility operated by a community center or other entity
designated by the department to provide mental health services
unless the facility is licensed under Chapter 577 and the court
notifies the mental health authority serving the region in which
the commitment is made.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.0415. Information on Medications.
(a) A mental health facility shall provide to a patient in the
patient's primary language, if possible, and in accordance with
board rules information relating to prescription medication
ordered by the patient's treating physician.
(b) The facility shall also provide the information to the
patient's family on request, but only to the extent not otherwise
prohibited by state or federal confidentiality laws.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.05, eff. May 1,
1994. Amended by Acts 1997, 75th Leg., ch. 337, Sec. 3, eff. May
27, 1997.
Sec. 574.042. Commitment to Private Facility.
The court may order a patient committed to a private mental
hospital at no expense to the state if the court receives:
(1) an application signed by the patient or the patient's
guardian or next friend requesting that the patient be placed
in a designated private mental hospital at the patient's or
applicant's expense; and
(2) written agreement from the hospital administrator of the
private mental hospital to admit the patient and to accept
responsibility for the patient in accordance with this
subtitle.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.043. Commitment to Federal Facility.
(a) A court may order a patient committed to a federal agency
that operates a mental hospital if the court receives written
notice from the agency that facilities are available and that the
patient is eligible for care or treatment in a facility. The
court may place the patient in the agency's custody for
transportation to the mental hospital.
(b) A patient admitted under court order to a hospital operated
by a federal agency, regardless of location, is subject to the
agency's rules.
(c) The hospital administrator has the same authority and
responsibility with respect to the patient as the hospital
administrator of a state mental hospital.
(d) The appropriate courts of this state retain jurisdiction to
inquire at any time into the patient's mental condition and the
necessity of the patient's continued hospitalization.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.044. Commitment to Facility of the Institutional Division of the
Texas Department of Criminal Justice.
The court shall commit an inmate patient to an inpatient mental
health facility of the institutional division of the Texas
Department of Criminal Justice if the court enters an order
requiring temporary mental health services for the inmate patient
under an application filed by a psychiatrist for the
institutional division under Section 501.057, Government Code.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.50, eff. Aug.
30, 1993.
Sec. 574.045. Transportation of Patient.
(a) The court may authorize the transportation of a committed
patient to the designated mental health facility by:
(1) a relative or other responsible person who has a proper
interest in the patient's welfare and who receives no
remuneration, except for actual and necessary expenses;
(2) the facility administrator of the designated mental
health facility, if the administrator notifies the court that
facility personnel are available to transport the patient;
(3) a special officer for mental health assignment certified
under Section 415.037, Government Code; or
(4) the sheriff or constable, if no person is available
under Subdivision (1), (2), or (3).
(b) The patient's friends and relatives may accompany the
patient at their own expense.
(c) A female patient must be accompanied by a female attendant
unless the patient is accompanied by her father, husband, or
adult brother or son.
(d) The patient may not be transported in a marked police or
sheriff's car or accompanied by a uniformed officer unless other
means are not available.
(e) The patient may not be transported with a state prisoner.
(f) The patient may not be physically restrained unless
necessary to protect the health and safety of the patient or of a
person traveling with the patient. If the treating physician or
the person transporting a patient determines that physical
restraint of the patient is necessary, that person shall document
the reasons for that determination and the duration for which the
restraints are needed. The person transporting the patient shall
deliver the document to the facility at the time the patient is
delivered. The facility shall include the document in the
patient's clinical record.
(g) The person transporting the patient shall give the patient
reasonable opportunities to get food and water and to use a
bathroom.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec.
5.20, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 20, eff. Sept. 1,
1993.
Sec. 574.046. Writ of Commitment.
The court shall direct the court clerk to issue to the person
authorized to transport the patient two writs of commitment
requiring the person to take custody of and transport the patient
to the designated mental health facility.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.047. Transcript.
(a) The court clerk shall prepare a certified transcript of the
proceedings in the hearing on court-ordered mental health
services.
(b) The clerk shall send the transcript and any available
information relating to the medical, social, and economic status
and history of the patient and the patient's family to the
designated mental health facility with the patient. The person
authorized to transport the patient shall deliver the transcript
and information to the facility personnel in charge of
admissions.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.048. Acknowledgment of Patient Delivery.
The facility administrator, after receiving a copy of the writ
of commitment and after admitting the patient, shall:
(1) give the person transporting the patient a written
statement acknowledging acceptance of the patient and of any
personal property belonging to the patient; and
(2) file a copy of the statement with the clerk of the
committing court.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
SUBCHAPTER E. POST-COMMITMENT PROCEEDINGS
Sec. 574.061. Modification of Order for Inpatient Treatment.
(a) The facility administrator of a facility to which a patient
is committed for inpatient mental health services may request the
court that entered the commitment order to modify the order to
require the patient to participate in outpatient mental health
services.
(b) The facility administrator's request must explain in detail
the reason for the request. The request must be accompanied by a
certificate of medical examination for mental illness signed by a
physician who examined the patient during the seven days
preceding the request.
(c) The patient shall be given notice of the request.
(d) On request of the patient or any other interested person, the
court shall hold a hearing on the request. The court shall
appoint an attorney to represent the patient at the hearing. The
hearing shall be held before the court without a jury and as
prescribed by Section 574.031. The patient shall be represented
by an attorney and receive proper notice.
(e) If a hearing is not requested, the court may make the
decision solely from the request and the supporting certificate.
(f) If the court modifies the order, the court shall identify a
person to be responsible for the outpatient services as
prescribed by Section 574.037.
(g) The person responsible for the services must comply with
Section 574.037(b).
(h) A modified order may not extend beyond the term of the
original order.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.062. Motion for Modification of Order for Outpatient Treatment.
(a) The court that entered an order directing a patient to
participate in outpatient mental health services may set a
hearing to determine if the order should be modified in a way
that is a substantial deviation from the original program of
treatment incorporated in the court's order. The court may set
the hearing on its own motion, at the request of the person
responsible for the treatment, or at the request of any other
interested person.
(b) The court shall appoint an attorney to represent the
patient if a hearing is scheduled. The patient shall be given
notice of the matters to be considered at the hearing. The
notice must comply with the requirements of Section 574.006 for
notice before a hearing on court-ordered mental health services.
(c) The hearing shall be held before the court, without a jury,
and as prescribed by Section 574.031. The patient shall be
represented by an attorney and receive proper notice.
(d) The court shall set a date for a hearing on the motion to
be held not later than the seventh day after the date the motion
is filed. The court may grant one or more continuances of the
hearing on the motion by a party and for good cause shown or on
agreement of the parties. Except as provided by Subsection (e),
the court shall hold the hearing not later than the 14th day
after the date the motion is filed.
(e) If extremely hazardous weather conditions exist or a
disaster occurs that threatens the safety of the proposed patient
or other essential parties to the hearing, the court, by written
order made each day, may postpone the hearing for not more than
24 hours. The written order must declare that an emergency
exists because of the weather or the occurrence of a disaster.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1997, 75th Leg., ch. 191, Sec. 1, eff. Sept. 1,
1997.
Sec. 574.063. Order for Temporary Detention.
(a) The person responsible for a patient's court-ordered
outpatient treatment or the facility administrator of the
outpatient facility in which a patient receives treatment may
file a sworn application for the patient's temporary detention
pending the modification hearing under Section 574.062.
(b) The application must state the applicant's opinion and
detail the reasons for the applicant's opinion that:
(1) the patient meets the criteria described by Section
574.065(a); and
(2) detention in an inpatient mental health facility is
necessary to evaluate the appropriate setting for continued
court-ordered services.
(c) The court may issue an order for temporary detention if a
modification hearing is set and the court finds from the
information in the application that there is probable cause to
believe that the opinions stated in the application are valid.
(d) At the time the temporary detention order is signed, the
judge shall appoint an attorney to represent a patient who does
not have an attorney.
(e) Within 24 hours after the time detention begins, the court
that issued the temporary detention order shall provide to the
patient and the patient's attorney a written notice that states:
(1) that the patient has been placed under a temporary
detention order;
(2) the grounds for the order; and
(3) the time and place of the modification hearing.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.064. Apprehension and Release Under Temporary Detention Order.
(a) A temporary detention order shall direct a peace officer or
other designated person to take the patient into custody and
transport the patient immediately to:
(1) the nearest appropriate inpatient mental health
facility; or
(2) a facility deemed suitable by the county's mental health
authority, if an appropriate inpatient mental health facility
is not available.
(b) A patient may be detained under a temporary detention order
for more than 72 hours, excluding Saturdays, Sundays, legal
holidays, and the period prescribed by Section 574.025(b) for an
extreme emergency only if, after a hearing held before the
expiration of that period, the court, a magistrate, or a
designated master finds that there is probable cause to believe
that:
(1) the patient meets the criteria described by Section
574.065(a); and
(2) detention in an inpatient mental health facility is
necessary to evaluate the appropriate setting for continued
court-ordered services.
(c) If probable cause is found under Subsection (b), the
patient may be detained under the temporary detention until the
hearing set under Section 574.062 is completed.
(d) A facility administrator shall immediately release a
patient held under a temporary detention order if the facility
administrator does not receive notice that the patient's
continued detention is authorized:
(1) after a probable cause hearing held within 72 hours
after the patient's detention begins; or
(2) after a modification hearing held within the period
prescribed by Section 574.062.
(e) A patient released from an inpatient mental health facility
under Subsection (d) continues to be subject to the order for
court-ordered outpatient services, if the order has not expired.
(f) A person detained under this section may not be detained in
a nonmedical facility used to detain persons charged with or
convicted of a crime.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1997, 75th Leg., ch. 191, Sec. 2, eff. Sept. 1,
1997.
Sec. 574.065. Order of Modification of Order for Outpatient Services.
(a) The court may modify an order for outpatient services at
the modification hearing if the court determines that the patient
meets the applicable criteria for court-ordered mental health
services prescribed by Section 574.034(a) or 574.035(a).
(b) The court may refuse to modify the order and may direct the
patient to continue to participate in outpatient mental health
services in accordance with the original order even if the
criteria prescribed by Subsection (a) have been met.
(c) The court's decision to modify an order must be supported
by at least one certificate of medical examination for mental
illness signed by a physician who examined the patient not
earlier than the seventh day before the date on which the hearing
is held.
(d) A modification may include:
(1) incorporating in the order a revised treatment program
and providing for continued outpatient mental health services
under the modified order, if a revised general program of
treatment was submitted to and accepted by the court; or
(2) providing for commitment to an inpatient mental health
facility.
(e) A court may not extend the provision of mental health
services beyond the period prescribed in the original order.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1997, 75th Leg., ch. 744, Sec. 8, eff. Sept. 1,
1997.
Sec. 574.066. Renewal of Order for Extended Mental Health Services.
(a) A county or district attorney or other adult may file an
application to renew an order for extended mental health
services.
(b) The application must explain in detail why the person
requests renewal. An application to renew an order committing
the patient to extended inpatient mental health services must
also explain in detail why a less restrictive setting is not
appropriate.
(c) The application must be accompanied by two certificates of
medical examination for mental illness signed by physicians who
examined the patient during the 30 days preceding the date on
which the application is filed.
(d) The court shall appoint an attorney to represent the
patient when an application is filed.
(e) The patient, the patient's attorney, or other individual
may request a hearing on the application. The court may set a
hearing on its own motion. An application for which a hearing is
requested or set is considered an original application for
court-ordered extended mental health services.
(f) A court may not renew an order unless the court finds that
the patient meets the criteria for extended mental health
services prescribed by Sections 574.035(a)(1), (2), and (3). The
court must make the findings prescribed by this subsection to
renew an order, regardless of whether a hearing is requested or
set. A renewed order authorizes treatment for not more than 12
months.
(g) If a hearing is not requested or set, the court may admit
into evidence the certificates of medical examination for mental
illness. The certificates constitute competent medical or
psychiatric testimony and the court may make its findings solely
from the certificates and the detailed request for renewal.
(h) The court, after renewing an order for extended inpatient
mental health services, may modify the order to provide for
outpatient mental health services in accordance with Section
574.037.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.067. Motion for Rehearing.
(a) The court may set aside an order requiring court-ordered
mental health services and grant a motion for rehearing for good
cause shown.
(b) Pending the hearing, the court may:
(1) stay the court-ordered mental health services and
release the proposed patient from custody before the hearing if
the court is satisfied that the proposed patient does not meet
the criteria for protective custody under Section 574.022; and
(2) if the proposed patient is at liberty, require an
appearance bond in an amount set by the court.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.068. Request for Reexamination.
(a) A patient receiving court-ordered extended mental health
services, or any interested person on the patient's behalf and
with the patient's consent, may file a request with a court for a
reexamination and a hearing to determine if the patient continues
to meet the criteria for the services.
(b) The request must be filed in the county in which the
patient is receiving the services.
(c) The court may, for good cause shown:
(1) require that the patient be reexamined;
(2) schedule a hearing on the request; and
(3) notify the facility administrator of the facility
providing mental health services to the patient.
(d) A court is not required to order a reexamination or hearing
if the request is filed within six months after an order for
extended mental health services is entered or after a similar
request is filed.
(e) After receiving the court's notice, the facility
administrator shall arrange for the patient to be reexamined.
(f) The facility administrator or the administrator's qualified
authorized designee shall immediately discharge the patient if
the facility administrator or designee determines that the
patient no longer meets the criteria for court-ordered extended
mental health services.
(g) If the facility administrator or the administrator's
designee determines that the patient continues to meet the
criteria for court-ordered extended mental health services, the
facility administrator or designee shall file a certificate of
medical examination for mental illness with the court within 10
days after the date on which the request for reexamination and
hearing is filed.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.069. Hearing on Request for Reexamination.
(a) A court that required a patient's reexamination under
Section 574.068 may set a date and place for a hearing on the
request if, not later than the 10th day after the date on which
the request is filed:
(1) a certificate of medical examination for mental illness
stating that the patient continues to meet the criteria for
court-ordered extended mental health services has been filed;
or
(2) a certificate has not been filed and the patient has not
been discharged.
(b) At the time the hearing is set, the judge shall:
(1) appoint an attorney to represent a patient who does not
have an attorney; and
(2) give notice of the hearing to the patient, the patient's
attorney, and the facility administrator.
(c) The judge shall appoint a physician to examine the patient
and file a certificate of medical examination for mental illness
with the court. The judge shall appoint a physician who is not
on the staff of the mental health facility in which the patient
is receiving services and who is a psychiatrist if a psychiatrist
is available in the county. The court shall ensure that the
patient may be examined by a physician of the patient's choice
and at the patient's own expense if requested by the patient.
(d) The hearing is held before the court and without a jury.
The hearing must be held in accordance with the requirements for
a hearing on an application for court-ordered mental health
services.
(e) The court shall dismiss the request if the court finds from
clear and convincing evidence that the patient continues to meet
the criteria for court-ordered extended mental health services
prescribed by Section 574.035.
(f) The judge shall order the facility administrator to
discharge the patient if the court fails to find from clear and
convincing evidence that the patient continues to meet the
criteria.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.070. Appeal.
(a) An appeal from an order requiring court-ordered mental
health services, or from a renewal or modification of an order,
must be filed in the court of appeals for the county in which the
order is entered.
(b) Notice of appeal must be filed not later than the 10th day
after the date on which the order is signed.
(c) When an appeal is filed, the clerk shall immediately send a
certified transcript of the proceedings to the court of appeals.
(d) Pending the appeal, the trial judge in whose court the
cause is pending may:
(1) stay the order and release the patient from custody
before the appeal if the judge is satisfied that the patient
does not meet the criteria for protective custody under Section
574.022; and
(2) if the proposed patient is at liberty, require an
appearance bond in an amount set by the court.
(e) The court of appeals and supreme court shall give an appeal
under this section preference over all other cases and shall
advance the appeal on the docket. The courts may suspend all
rules relating to the time for filing briefs and docketing cases.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
SUBCHAPTER F. FURLOUGH, DISCHARGE, AND TERMINATION OF
COURT-ORDERED
MENTAL HEALTH SERVICES
Sec. 574.081. Continuing Care Plan Before Furlough or Discharge.
(a) The physician responsible for the patient's treatment shall
prepare a continuing care plan for a patient who is scheduled to
be furloughed or discharged unless the patient does not require
continuing care.
(b) The physician shall prepare the plan as prescribed by
department rules and shall consult the patient and the mental
health authority in the area in which the patient will reside
before preparing the plan. The mental health authority is not
required to participate in preparing a plan for a patient
furloughed or discharged from a private mental health facility.
(c) The plan must address the patient's mental health and
physical needs.
(d) The physician shall deliver the plan and other appropriate
information to the community center or other provider that will
deliver the services if:
(1) the services are provided by:
(A) a community center or other provider that serves the county
in which the patient will reside and that has been designated by
the commissioner to perform continuing care services; or
(B) any other provider that agrees to accept the referral; and
(2) the provision of care by the center or provider is
appropriate.
(e) The facility administrator or the administrator's designee
shall have the right of access to discharged patients and records
of patients who request continuing care services.
(f) A patient who is to be discharged may refuse the continuing
care services.
(g) A physician who believes that a patient does not require
continuing care and who does not prepare a continuing care plan
under this section shall document in the patient's treatment
record the reasons for that belief.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 12, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 705, Secs. 4.04, 4.05, eff. Aug.
30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 17.01(33), eff.
Sept. 1, 1995.
Sec. 574.082. Pass or Furlough From Inpatient Care.
(a) The facility administrator may permit a patient admitted to
the facility under an order for temporary or extended inpatient
mental health services to leave the facility under a pass or
furlough.
(b) A pass authorizes the patient to leave the facility for not
more than 72 hours. A furlough authorizes the patient to leave
for a longer period.
(c) The pass or furlough may be subject to specified
conditions.
(d) When a patient is furloughed, the facility administrator
shall notify the court that issued the commitment order.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.083. Return to Facility Under Facility Administrator's
Certificate or Court Order.
(a) The facility administrator of a facility to which a patient
was admitted for court-ordered inpatient health care services may
have an absent patient taken into custody, detained, and returned
to the facility by:
(1) signing a certificate authorizing the patient's return;
or
(2) filing the certificate with a magistrate and requesting
the magistrate to order the patient's return.
(b) A magistrate may issue an order directing a peace or health
officer to take a patient into custody and return the patient to
the facility if the facility administrator files the certificate
as prescribed by this section.
(c) The facility administrator may sign or file the certificate
if the facility administrator reasonably believes that:
(1) the patient is absent without authority from the
facility;
(2) the patient has violated the conditions of a pass or
furlough; or
(3) the patient's condition has deteriorated to the extent
that the patient's continued absence from the facility under a
pass or furlough is inappropriate.
(d) A peace or health officer shall take the patient into
custody and return the patient to the facility as soon as
possible if the patient's return is authorized by the facility
administrator's certificate or the court order.
(e) The peace or health officer may take the patient into
custody without having the certificate or court order in the
officer's possession.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.084. Revocation of Furlough.
(a) A furlough may be revoked only after an administrative
hearing held in accordance with department rules. The hearing
must be held within 72 hours after the patient is returned to the
facility.
(b) A hearing officer shall conduct the hearing. The hearing
officer may be a mental health professional if the person is not
directly involved in treating the patient.
(c) The hearing is informal and the patient is entitled to
present information and argument.
(d) The hearing officer may revoke the furlough if the officer
determines that the revocation is justified under Section
574.083(c).
(e) A hearing officer who revokes a furlough shall place in the
patient's file:
(1) a written notation of the decision; and
(2) a written explanation of the reasons for the decision
and the information on which the hearing officer relied.
(f) The patient shall be permitted to leave the facility under
the furlough if the hearing officer determines that the furlough
should not be revoked.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.085. Discharge on Expiration of Court Order.
The facility administrator of a facility to which a patient was
committed or from which a patient was required to receive
temporary or extended inpatient or outpatient mental health
services shall discharge the patient when the court order
expires.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.086. Discharge Before Expiration of Court Order.
(a) The facility administrator of a facility to which a patient
was committed for inpatient mental health services or the person
responsible for providing outpatient mental health services may
discharge the patient at any time before the court order expires
if the facility administrator or person determines that the
patient no longer meets the criteria for court-ordered mental
health services.
(b) The facility administrator of a facility to which the
patient was committed for inpatient mental health services shall
consider before discharging the patient whether the patient
should receive outpatient court-ordered mental health services in
accordance with:
(1) a furlough under Section 574.082; or
(2) a modified order under Section 574.061 that directs the
patient to participate in outpatient mental health services.
(c) A discharge under Subsection (a) terminates the court
order, and the person discharged may not be required to submit to
involuntary mental health services unless a new court order is
entered in accordance with this subtitle.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 574.087. Certificate of Discharge.
The facility administrator or the person responsible for
outpatient care who discharges a patient under Section 574.085 or
574.086 shall prepare a discharge certificate and file it with
the court that entered the order requiring mental health
services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
SUBCHAPTER G. ADMINISTRATION OF MEDICATION TO PATIENT UNDER
ORDER FOR
INPATIENT MENTAL HEALTH SERVICES
Sec. 574.101. Definitions.
In this subchapter:
(1) "Capacity" means a patient's ability to:
(A) understand the nature and consequences of a proposed
treatment, including the benefits, risks, and alternatives to the
proposed treatment; and
(B) make a decision whether to undergo the proposed treatment.
(2) "Medication-related emergency" means a situation in which it
is immediately necessary to administer medication to a patient to
prevent:
(A) imminent probable death or substantial bodily harm to the
patient because the patient:
(i) overtly or continually is threatening or attempting to commit
suicide or serious bodily harm; or
(ii) is behaving in a manner that indicates that the patient is
unable to satisfy the patient's need for nourishment, essential
medical care, or self-protection; or
(B) imminent physical or emotional harm to another because of
threats, attempts, or other acts the patient overtly or
continually makes or commits.
(3) "Psychoactive medication" means a medication prescribed for
the treatment of symptoms of psychosis or other severe mental or
emotional disorders and that is used to exercise an effect on the
central nervous system to influence and modify behavior,
cognition, or affective state when treating the symptoms of
mental illness. "Psychoactive medication" includes the following
categories when used as described in this subdivision:
(A) antipsychotics or neuroleptics;
(B) antidepressants;
(C) agents for control of mania or depression;
(D) antianxiety agents;
(E) sedatives, hypnotics, or other sleep-promoting drugs; and
(F) psychomotor stimulants.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,
1993.
Sec. 574.102. Application of Subchapter.
This subchapter applies only to the application of medication
to a patient subject to an order for inpatient mental health
services under Section 574.034 or 574.035.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,
1993. Amended by Acts 1995, 74th Leg., ch. 770, Sec. 9, eff.
June 16, 1995.
Sec. 574.103. Administration of Medication to Patient Under Court-Ordered
Mental Health Services.
A person may not administer a psychoactive medication to a
patient who refuses to take the medication voluntarily unless:
(1) the patient is having a medication-related emergency; or
(2) the patient is under an order issued under Section
574.106 authorizing the administration of the medication
regardless of the patient's refusal.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,
1993.
Sec. 574.104. Physician's Application for Order to Authorize Psychoactive
Medication; Date of Hearing.
(a) A physician who is treating a patient may, on behalf of the
state, file an application in a probate court or a court with
probate jurisdiction for an order to authorize the administration
of a psychoactive medication regardless of the patient's refusal
if:
(1) the physician believes that the patient lacks the
capacity to make a decision regarding the administration of the
psychoactive medication;
(2) the physician determines that the medication is the
proper course of treatment for the patient;
(3) the patient is under an order for temporary or extended
mental health services under Section 574.034 or 574.035 or an
application for court-ordered mental health services under
Section 574.034 or 574.035 has been filed for the patient; and
(4) the patient, verbally or by other indication, refuses to
take the medication voluntarily.
(b) An application filed under this section must state:
(1) that the physician believes that the patient lacks the
capacity to make a decision regarding administration of the
psychoactive medication and the reasons for that belief;
(2) each medication the physician wants the court to compel
the patient to take;
(3) whether an application for court-ordered mental health
services under Section 574.034 or 574.035 has been filed or the
current order for inpatient mental health services for the
patient was issued under Section 574.034 or under Section
574.035; and
(4) the physician's diagnosis of the patient.
(c) An application filed under this section is separate from an
application for court-ordered mental health services.
(d) The hearing on the application may be held on the date of a
hearing on an application for court-ordered mental health
services under Section 574.034 or 574.035 but shall be held not
later than 30 days after the filing of the application for the
order to authorize psychoactive medication. If the hearing is
not held on the same day as the application for court-ordered
mental health services under Section 574.034 or 574.035 and the
patient is transferred to a mental health facility in another
county, the court may transfer the application for an order to
authorize psychoactive medication to the county where the patient
has been transferred.
(e) Subject to the requirement in Subsection (d) that the
hearing shall be held not later than 30 days after the filing of
the application, the court may grant one continuance on a party's
motion and for good cause shown. The court may grant more than
one continuance only with the agreement of the parties.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,
1993. Amended by Acts 1995, 74th Leg., ch. 322, Sec. 2, eff.
Aug. 28, 1995; Acts 1995, 74th Leg., ch. 770, Sec. 10, eff. June
16, 1995.
Sec. 574.105. Rights of Patient.
A patient for whom an application for an order to authorize the
administration of a psychoactive medication is filed is entitled
to:
(1) representation by a court-appointed attorney who is
knowledgeable about issues to be adjudicated at the hearing;
(2) meet with that attorney as soon as is practicable to
prepare for the hearing and to discuss any of the patient's
questions or concerns;
(3) receive, immediately after the time of the hearing is
set, a copy of the application and written notice of the time,
place, and date of the hearing;
(4) be told, at the time personal notice of the hearing is
given, of the patient's right to a hearing and right to the
assistance of an attorney to prepare for the hearing and to
answer any questions or concerns;
(5) be present at the hearing;
(6) request from the court an independent expert; and
(7) oral notification, at the conclusion of the hearing, of
the court's determinations of the patient's capacity and best
interests.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,
1993. Amended by Acts 1995, 74th Leg., ch. 770, Sec. 11, eff.
June 16, 1995.
Sec. 574.106. Hearing on Patient's Capacity and Order Authorizing
Psychoactive Medication.
(a) The court may issue an order authorizing the administration
of one or more classes of psychoactive medication only if the
court finds by clear and convincing evidence after the hearing
that:
(1) the patient is under an order for temporary or extended
mental health services under Section 574.034 or 574.035;
(2) the patient lacks the capacity to make a decision
regarding the administration of the proposed medication; and
(3) treatment with the proposed medication is in the best
interest of the patient.
(b) In making its findings, the court shall consider:
(1) the patient's expressed preferences regarding treatment
with psychoactive medication;
(2) the patient's religious beliefs;
(3) the risks and benefits, from the perspective of the
patient, of taking psychoactive medication;
(4) the consequences to the patient if the psychoactive
medication is not administered;
(5) the prognosis for the patient if the patient is treated
with psychoactive medication; and
(6) alternatives to treatment with psychoactive medication.
(c) A hearing under this subchapter shall be conducted on the
record by the probate judge or judge with probate jurisdiction,
except as provided by Subsection (d).
(d) A judge may refer a hearing to a magistrate or
court-appointed master who has training regarding psychoactive
medications. The magistrate or master may effectuate the notice,
set hearing dates, and appoint attorneys as required in this
subchapter. A record is not required if the hearing is held by a
magistrate or court-appointed master.
(e) A party is entitled to a hearing de novo by the judge if an
appeal of the magistrate's or master's report is filed with the
court within three days after the report is issued. The hearing
de novo shall be held within 30 days of the filing of the
application for an order to authorize psychoactive medication.
(f) If a hearing or an appeal of a master's or magistrate's
report is to be held in a county court in which the judge is not
a licensed attorney, the proposed patient or the proposed
patient's attorney may request that the proceeding be transferred
to a court with a judge who is licensed to practice law in this
state. The county judge shall transfer the case after receiving
the request, and the receiving court shall hear the case as if it
had been originally filed in that court.
(g) As soon as practicable after the conclusion of the hearing,
the patient is entitled to have provided to the patient and the
patient's attorney written notification of the court's
determinations under this section. The notification shall
include a statement of the evidence on which the court relied and
the reasons for the court's determinations.
(h) An order entered under this section shall authorize the
administration to a patient, regardless of the patient's refusal,
of one or more classes of psychoactive medications specified in
the application and consistent with the patient's diagnosis. The
order shall permit an increase or decrease in a medication's
dosage, restitution of medication authorized but discontinued
during the period the order is valid, or the substitution of a
medication within the same class.
(i) The classes of psychoactive medications in the order must
conform to classes determined by the department.
(j) An order issued under this section may be reauthorized or
modified on the petition of a party. The order remains in effect
pending action on a petition for reauthorization or modification.
For the purpose of this subsection, "modification" means a change
of a class of medication authorized in the order.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,
1993. Amended by Acts 1995, 74th Leg., ch. 770, Sec. 12, eff.
June 16, 1995.
Sec. 574.107. Costs.
The costs for hearings under this subchapter shall be paid in
accordance with Sections 571.017 and 571.018.
Added by Acts 1995, 74th Leg., ch. 770, Sec. 13, eff. June 16,
1995.
Sec. 574.108. Appeal.
(a) A patient may appeal an order under this subchapter in the
manner provided by Section 574.070 for an appeal of an order
requiring court-ordered mental health services.
(b) An order authorizing the administration of medication
regardless of the refusal of the patient is effective pending an
appeal of the order.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,
1993. Renumbered from V.T.C.A., Health & Safety Code Sec.
574.107 by Acts 1995, 74th Leg., ch. 770, Sec. 13, eff. June 16,
1995.
Sec. 574.109. Effect of Order.
(a) A person's consent to take a psychoactive medication is not
valid and may not be relied on if the person is subject to an
order issued under Section 574.106.
(b) The issuance of an order under Section 574.106 is not a
determination or adjudication of mental incompetency and does not
limit in any other respect that person's rights as a citizen or
the person's property rights or legal capacity.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,
1993. Renumbered from V.T.C.A., Health & Safety Code Sec.
574.108 by Acts 1995, 74th Leg., ch. 770, Sec. 13, eff. June 16,
1995.
Sec. 574.110. Expiration of Order.
An order issued under Section 574.106 expires on the expiration
or termination date of the order for temporary or extended mental
health services in effect when the order for psychoactive
medication is issued.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,
1993. Renumbered from V.T.C.A., Health & Safety Code Sec.
574.109 and amended by Acts 1995, 74th Leg., ch. 770, Sec. 13,
eff. June 16, 1995