HBA-MSH, CCH H.B. 1072 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1072 By: Farabee Public Health 7/25/2001 Enrolled BACKGROUND AND PURPOSE If a mentally ill patient posses a substantial risk of harm to themselves or others, the court may order inpatient health care services. Prior to 1999, when a patient was absent without permission from the designated facility, a peace or health officer could, at the request of the facility administrator, apprehend, detain, and return the patient to the facility with or without a court order. The 76th Legislature enacted legislation to clarify procedures for retrieving an escaped mental patient. A peace officer was authorized take into custody, detain, and return a patient only when a court ordered the patient's return. This court process often made returning absent patients to their facilities more burdensome. House Bill 1072 authorizes a peace officer, at the request of the administrator, to apprehend, detain, and return absent patients who are within the municipality or county in which the facility is located with an administrative certificate or a court order. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1072 amends the Health and Safety Code to authorize the facility administrator of an inpatient care facility and the superintendent of a residential care facility to issue a certificate directly to a law enforcement agency of the facility's municipality or county that authorizes a peace officer to take into custody, detain, and return an absent patient who has been court-ordered to receive care or treatment at that facility. The bill provides that if there is reason to believe that an absent patient may be outside the facility's municipality or county, the facility administrator or superintendent is authorized to issue a certificate or an affidavit requesting a magistrate to issue an order authorizing a peace officer to take into custody, detain, and return the patient as soon as possible. EFFECTIVE DATE September 1, 2001.