SB2487 - Relating to procedures for and certain facilities providing crisis and mental health services.

      By: Parker, et al. S.B. No. 2487     (King)           A BILL TO BE ENTITLED   AN ACT   relating to procedures for and certain facilities providing crisis   and mental health services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 573, Health and Safety   Code, is amended by adding Section 573.020 to read as follows:           Sec.   573.020.     INITIAL EXAMINATION. (a) A non-physician   mental health professional shall examine a person who arrives at a   facility providing crisis and mental health services as part of a   crisis service model established under Chapter 580 within 30   minutes of the person's arrival if:                 (1)     an application for detention has been filed for   the person; or                 (2)     a peace officer, or emergency medical services   personnel of an emergency medical services provider transporting   the person in accordance with a memorandum of understanding   executed under Section 573.005, files a notification of detention   completed by the peace officer under Section 573.002(a).           (b)     A facility providing crisis and mental health services   as part of a crisis service model established under Chapter 580 may   detain the person if:                 (1)     the person has rejected voluntary mental health   services; and                 (2)     as a result of the initial examination conducted   under this section and materials provided for the application for   detention or notification of detention under Subsection (a)(1) or   (2), as applicable, the non-physician mental health professional   has a reasonable cause to believe and does believe that:                       (A)     the person is a person with mental illness;   and                       (B)     because of that mental illness there is a   substantial risk of serious harm to the person or to others unless   the person is immediately detained.          SECTION 2.  Section 573.021, Health and Safety Code, is   amended by adding Subsection (a-1) and amending Subsection (c) to   read as follows:           (a-1)     A facility providing crisis and mental health   services as part of a crisis service model established under   Chapter 580 may temporarily accept a person under Subsection (a)   only after an initial examination has been conducted under Section   573.020.          (c)  A physician shall examine the person accepted for a   preliminary examination as soon as possible within 12 hours after   the time the person is apprehended by the peace officer or   transported for emergency detention by the person's guardian.          SECTION 3.  Section 573.023, Health and Safety Code, is   amended by amending Subsection (a) and adding Subsection (a-1) to   read as follows:          (a)  A person apprehended by a peace officer or transported   for emergency detention under Subchapter A or detained under   Subchapter B shall be released on completion of :                 (1)     the initial examination, unless the person is   detained under Section 573.020(b); or                 (2)   the preliminary examination , unless the person is   admitted to a facility under Section 573.022.           (a-1)     Upon a person's release from a facility under   Subsection (a), the person must receive a formal referral to   outpatient or community-based mental health treatment services.          SECTION 4.  Subtitle C, Title 7, Health and Safety Code, is   amended by adding Chapter 580 to read as follows:   CHAPTER 580. CRISIS SERVICE MODELS           Sec. 580.001.  DEFINITIONS. In this chapter:                 (1)     "Commission" means the Health and Human Services   Commission.                 (2)     "Continuum of care program" means a program   administered by the United States Department of Housing and Urban   Development to assist individuals experiencing homelessness and   provide the services needed to help those individuals move into   transitional and permanent housing, with the goal of long-term   stability.           Sec.   580.002.     APPLICABILITY. This chapter applies only to   a county with a population of more than 1.2 million.           Sec.   580.003.     ESTABLISHMENT OF CRISIS SERVICE MODELS. (a)   A county to which this chapter applies may establish a crisis   service model to provide comprehensive crisis and mental health   services, including:                 (1)     crisis intervention and stabilization services 24   hours a day, seven days a week;                 (2)  short-term residential care;                 (3)  medical detoxification;                 (4)     care coordination services for individuals who   would benefit from ongoing treatment, housing, or other community   resources after being released from a crisis service center;                 (5)     specialized services for individuals experiencing   homelessness, consistent with an integrated continuum of care   program, including coordination with appropriate emergency   shelters, coordinated entry systems, rapid rehousing programs, and   permanent supportive housing units; and                 (6)     as described by Subsection (d), crisis follow-up   services.           (a-1)     A crisis service model may encompass one or more   facilities in the county to provide services as described by   Subsection (a).             (a-2)     Any facility established under this chapter may not be   located in the central business district of a municipality.           (b)  A county utilizing a crisis service model may:                 (1)     employ non-physician mental health professionals,   including individuals authorized to provide mental health services   to individuals transported to the center for involuntary commitment   under Chapters 573 and 574; or                   (2)     contract with a qualified third-party vendor to   provide those services.           (c)     Law enforcement agencies and emergency medical services   providers shall ensure coordination with a county's crisis service   model to prioritize transporting individuals experiencing a crisis   to a designated facility established under this section that   provides crisis services instead of to a more restrictive setting,   as appropriate.           (d)     Not later than 48 hours after the initial intervention,   an individual must be provided with crisis follow-up services,   which must include a reassessment of risk, safety planning, and   connecting the individual to mental health and housing services   through the crisis service model or a third-party vendor contracted   by the county.           Sec.   580.004.     HOMELESSNESS SERVICES COORDINATION. A county   that establishes a crisis service model under this chapter shall   ensure that an individual who contacts or receives treatment from a   crisis service center is provided access to ongoing care through   collaboration with homelessness service providers, municipalities   within the county, and a continuum of care program. The   collaboration must include:                   (1)     coordination with available housing services for   individuals after leaving the crisis service center's care;                 (2)     providing or facilitating a coordinated intake   into a continuum of care program, enabling individuals experiencing   homelessness to access homelessness services and housing support   through the crisis service model; and                 (3)     case management and housing navigation assistance   services to connect and refer individuals experiencing   homelessness to available long-term support services.           Sec.   580.005.     FUNDING. A county may solicit and accept   gifts, grants, and donations from any source to support the county   in establishing and operating a crisis service model under this   chapter.           Sec.   580.006.     REPORT. Not later than October 1 of each   even-numbered year, a county that establishes a crisis service   model under this chapter shall prepare and submit to the commission   and the Texas Department of Housing and Community Affairs a report:                 (1)     covering the outcomes of individuals who received   services from a crisis service center in the county;                 (2)     providing information related to the results of   operating a crisis service model in the county, including any   reductions in homelessness, homelessness services program   enrollments, mental health program enrollments, behavioral health   program enrollments, exits to housing, crime reduction, harm   reduction, number of re-entries into the crisis service center, or   other county-wide effects;                 (3)     evaluating the provision of related services in   the county, including the stability of available housing services;   and                 (4)     detailing any recommendations for legislative or   other action.           Sec.   580.007.     CRISIS SERVICE CENTER ADVISORY BOARD. (a)   Each crisis service model shall have an advisory board.           (b)     The advisory board is composed of the following   individuals:                 (1)     four individuals residing in the county of the   crisis service model appointed by the governor;                 (2)     a representative appointed by the county   commissioners court;                 (3)     a representative appointed by the most populous   municipality in the county; and                 (4)     a representative of a continuum of care program   appointed by the county commissioners court.          SECTION 5.  The changes in law made by this Act to Chapter   573, Health and Safety Code, apply to an emergency detention that   begins on or after the effective date of this Act. An emergency   detention that begins before the effective date of this Act is   governed by the law as it existed immediately before that date, and   that law is continued in effect for that purpose.          SECTION 6.  The Health and Human Services Commission is   required to implement a provision of this Act only if the   legislature appropriates money specifically for that purpose.  If   the legislature does not appropriate money specifically for that   purpose, the commission may, but is not required to, implement a   provision of this Act using other money available for that purpose.          SECTION 7.  This Act takes effect September 1, 2025.