HB1538 - 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.

  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.