Texas Health and Safety Code 81.182 – Modification of Order for Inpatient Treatment
Current as of: 2024 | Check for updates
|
Other versions
(a) At the request of the health authority, a municipal, county, or district attorney, as appropriate, shall request the court that entered the commitment order to modify the order to provide for outpatient care. At the request of the department, the attorney general shall request the court that entered the commitment order to modify the order to provide for outpatient care.
(b) The request must explain in detail the reason for the request. The request must be accompanied by an affidavit of a physician who examined the person during the preceding seven days.
Terms Used In Texas Health and Safety Code 81.182
- 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.
- 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
- 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
(c) The person shall be given notice of the request.
(d) On the request of the person or any other interested individual, the court shall hold a hearing on the request. The court shall appoint an attorney to represent the person at the hearing. The hearing shall be held before the court without a jury and as prescribed by § 81.169. The person shall be represented by an attorney and receive proper notice.
(e) If a hearing is not requested, the court may make the decision solely from the request and the supporting affidavit.
(f) If the court modifies the order, the court shall designate the health authority to monitor the person’s compliance.
(g) The head of a health care facility or an individual involved in providing the services in which the person is to participate under the order shall cooperate with the health authority and shall comply with § 81.175(b).
(h) A modified order may not extend beyond the term of the original order.