Bill on emergency detention of a person with mental illness

The text as introduced · 707 words

89R4895 EAS-F

By: Lalani
H.B. No. 1538

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a peace officer to apprehend a person

for emergency detention and of certain facilities and physicians to

temporarily detain a person with mental illness.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subchapter A, Chapter 573, Health

and Safety Code, is amended to read as follows:

SUBCHAPTER A. APPREHENSION , [ BY PEACE OFFICER OR ] TRANSPORTATION ,

OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER [ FOR EMERGENCY

DETENTION BY GUARDIAN ]

SECTION 2. Section 573.001, Health and Safety Code, is

amended by adding Subsection (i) to read as follows:

(i) A peace officer may take into custody under this section

a person who has been admitted as a patient to a facility listed in

Section 573.006.

SECTION 3. Subchapter A, Chapter 573, Health and Safety

Code, is amended by adding Section 573.006 to read as follows:

Sec. 573.006. TEMPORARY DETENTION IN CERTAIN FACILITIES.

(a) In this section, "facility" means:

(1) an inpatient mental health facility other than a

community center, a facility operated by or under contract with a

community center, an entity the executive commissioner designates

to provide mental health services, a local mental health authority,

or a facility operated by or under contract with a local mental

health authority, unless the facility is licensed under Chapter

577;

(2) a hospital, or the emergency department of a

hospital, licensed under Chapter 241; and

(3) a freestanding emergency medical care facility

licensed under Chapter 254.

(b) The governing body of a facility may adopt and implement

a written policy authorizing a physician at the facility to

temporarily detain a person who voluntarily requested treatment

from the facility or who lacks the capacity to consent to treatment,

as provided by this section, if:

(1) the person expresses a desire to leave the

facility or attempts to leave the facility before the examination

or treatment is completed; and

(2) the physician:

(A) has reason to believe and does believe that:

(i) the person has a mental illness; and

(ii) because of that mental illness there

is a substantial risk of serious harm to the person or to others

unless the person is immediately restrained; and

(B) believes there is insufficient time to file

an application for emergency detention or for an order of

protective custody.

(c) A policy a facility adopts and implements under this

section may not authorize a physician at the facility to detain a

person who has been transported to the facility for emergency

detention under this chapter.

(d) A policy a facility adopts and implements under this

section must require:

(1) the facility staff or the physician who intends to

detain the person under the policy to notify the person of that

intention;

(2) a physician to document a decision to detain a

person under the policy and to place a notice of detention in the

person's medical record that contains the same information as

required in a peace officer's notification of detention under

Section 573.002; and

(3) the period of a person's detention under the policy

to be less than four hours following the time the person first

expressed a desire to leave or attempted to leave the facility, and

the physician to release the person not later than the end of the

four-hour period unless the facility staff or physician arranges

for a peace officer to take the person into custody under Section

573.001 or a judge or magistrate issues an order of protective

custody.

(e) Detention of a person under a policy a facility adopts

and implements under this section is not considered involuntary

psychiatric hospitalization for purposes of Section 411.172(e),

Government Code.

(f) A physician, facility staff, or facility that detains or

does not detain a person under a policy a facility adopts and

implements under this section and that acts in good faith and

without malice is not civilly or criminally liable for that action.

(g) A facility is not civilly or criminally liable for the

decision of the facility's governing body to adopt or not to adopt a

policy under this section.

SECTION 4. This Act takes effect September 1, 2025.