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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 7. MENTAL HEALTH AND MENTAL RETARDATION |
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Subtitle C. TEXAS MENTAL HEALTH CODE |
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Chapter 574. COURT-ORDERED MENTAL HEALTH SERVICES |
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Subchapter E. POST-COMMITMENT PROCEEDINGS |
Sec. 574.068. REQUEST FOR REEXAMINATION
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(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.