Texas Health and Safety Code 81.158 – Affidavit of Medical Evaluation
(a) An affidavit of medical evaluation must be dated and signed by the commissioner or the commissioner’s designee, or by a health authority with the concurrence of the commissioner or the commissioner’s designee. The certificate must include:
(1) the name and address of the examining physician, if applicable;
(2) the name and address of the person examined or to be examined;
(3) the date and place of the examination, if applicable;
(4) a brief diagnosis of the examined person’s physical and mental condition, if applicable;
(5) the period, if any, during which the examined person has been under the care of the examining physician;
(6) an accurate description of the health treatment, if any, given by or administered under the direction of the examining physician; and
(7) the opinion of the health authority or department and the reason for that opinion, including laboratory reports, that:
(A) the examined person is infected with or is reasonably suspected of being infected with a communicable disease that presents a threat to public health; and
(B) as a result of that communicable disease the examined person:
(i) is likely to cause serious harm to himself; or
(ii) will, if not examined, observed, or treated, continue to endanger public health.
(b) The department or health authority must specify in the affidavit each criterion listed in Subsection (a)(7)(B) that in the opinion of the department or health authority applies to the person.
Terms Used In Texas Health and Safety Code 81.158
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) If the affidavit is offered in support of an application for extended management, the affidavit must also include the department’s or health authority’s opinion that the examined person’s condition is expected to continue for more than 90 days.
(d) If the affidavit is offered in support of a motion for a protective custody order, the affidavit must also include the department’s or health authority’s opinion that the examined person presents a substantial risk of serious harm to himself or others if not immediately restrained. The harm may be demonstrated by the examined person’s behavior to the extent that the examined person cannot remain at liberty.
(e) The affidavit must include the detailed basis for each of the department’s or health authority’s opinions under this section.