SB 1492: Mental Health and Substance Abuse
GENERAL BILL by Rodriguez
Mental Health and Substance Abuse; Providing exceptions to a provision prohibiting the court from appointing the public defender to represent certain persons who are not indigent; providing that the opinion of a qualified professional, rather than that of a psychiatrist or psychiatric nurse practicing within the framework of an established protocol with a psychiatrist, may be the basis for the court to grant a petition for the appointment of a guardian advocate; authorizing a qualified professional, rather than a physician or the patient’s psychiatric nurse, to restrict a patient’s access to his or her clinical records if the qualified professional believes such access to the records is harmful to the patient; requiring the qualified professional who assessed the patient, rather than the treating physician or psychiatric nurse practicing within the framework of an established protocol with a psychiatrist, to document in the patient’s clinical record that the patient is able to give express and informed consent for admission, etc.
Bill History
| Date | Chamber | Action |
|---|---|---|
| 2/27/2025 | Senate |
• Filed |
Related Bills
| Bill Number | Subject | Filed By | Relationship | Last Action and Location | Track Bills |
|---|---|---|---|---|---|
| S 1494 | Public Records and Public Meetings/Hearings Relating to Mental Health and Substance Abuse | Rodriguez | Linked | Last Action: 2/27/2025 S Filed |
|
Committee Amendments
Floor Amendments
Bill Analyses
No Bill Analyses AvailableVote History - Committee
No Committee Vote History AvailableVote History - Floor
No Vote History AvailableCitations - Statutes (56)
| Citation | Catchline | Location in Bill Location In Bill Help |
|---|---|---|
| 27.51 | Duties of public defender. | Page 20 (pdf) |
| 27.511 | Offices of criminal conflict and civil regional counsel; legislative intent; qualifications; appointment; duties. | Page 20 (pdf) |
| 39.407 | Medical, psychiatric, and psychological examination and treatment of child; physical, mental, or substance abuse examination of person with or requesting child custody. | Page 94 (pdf) |
| 119.0712 | Executive branch agency-specific exemptions from inspection or copying of public records. | Page 95 (pdf) |
| 394.455 | Definitions. | Page 21 (pdf) |
| 394.4598 | Guardian advocate. | Page 23 (pdf) |
| 394.4599 | Notice. | Page 26 (pdf) |
| 394.4612 | Integrated adult mental health crisis stabilization and addictions receiving facilities. | Page 103 (pdf) |
| 394.4615 | Clinical records; confidentiality. | Page 28 (pdf) |
| 394.462 | Transportation. | Page 106 (pdf) |
| 394.4625 | Voluntary admissions. | Page 28 (pdf) |
| 394.463 | Involuntary examination. | Page 29 (pdf) |
| 394.4655 | Orders to involuntary outpatient placement. | Page 40 (pdf) |
| 394.467 | Involuntary inpatient placement and involuntary outpatient services. | Page 45 (pdf) |
| 394.468 | Admission and discharge procedures. | Page 56 (pdf) |
| 394.4785 | Children and adolescents; admission and placement in mental facilities. | Page 57 (pdf) |
| 394.492 | Definitions. | Page 98 (pdf) |
| 394.495 | Child and adolescent mental health system of care; programs and services. | Page 58 (pdf) |
| 394.496 | Service planning. | Page 58 (pdf) |
| 394.499 | Integrated children’s crisis stabilization unit/juvenile addictions receiving facility services. | Page 59 (pdf) |
| 394.67 | Definitions. | Page 99 (pdf) |
| 394.674 | Eligibility for publicly funded substance abuse and mental health services; fee collection requirements. | Page 100 (pdf) |
| 394.676 | Indigent psychiatric medication program. | Page 60 (pdf) |
| 394.875 | Crisis stabilization units, residential treatment facilities, and residential treatment centers for children and adolescents; authorized services; license required. | Page 60 (pdf) |
| 394.9085 | Behavioral provider liability. | Page 86 (pdf) |
| 397.311 | Definitions. | Page 61 (pdf) |
| 397.416 | Substance abuse treatment services; qualified professional. | Page 64 (pdf) |
| 397.501 | Rights of individuals. | Page 65 (pdf) |
| 397.675 | Criteria for involuntary admissions, including protective custody, emergency admission, and other involuntary assessment, involuntary treatment, and alternative involuntary assessment for minors, for purposes of assessment and stabilization, and for | Page 65 (pdf) |
| 397.6751 | Service provider responsibilities regarding involuntary admissions. | Page 103 (pdf) |
| 397.6759 | Parental participation in treatment. | Page 104 (pdf) |
| 397.677 | Protective custody; circumstances justifying. | Page 104 (pdf) |
| 397.6773 | Dispositional alternatives after protective custody. | Page 105 (pdf) |
| 397.679 | Emergency admission; circumstances justifying. | Page 105 (pdf) |
| 397.6798 | Alternative involuntary assessment procedure for minors. | Page 86 (pdf) |
| 397.681 | Involuntary petitions; general provisions; court jurisdiction and right to counsel. | Page 67 (pdf) |
| 397.68111 | Involuntary treatment. | Page 68 (pdf) |
| 397.68112 | Involuntary services; persons who may petition. | Page 69 (pdf) |
| 397.68141 | Contents of petition for involuntary treatment services. | Page 69 (pdf) |
| 397.68151 | Duties of court upon filing of petition for involuntary services. | Page 72 (pdf) |
| 397.6818 | Court determination. | Page 68 (pdf) |
| 397.693 | Page 68 (pdf) | |
| 397.695 | Page 69 (pdf) | |
| 397.6951 | Page 69 (pdf) | |
| 397.6955 | Page 72 (pdf) | |
| 397.6957 | Hearing on petition for involuntary treatment services. | Page 75 (pdf) |
| 397.697 | Court determination; effect of court order for involuntary services. | Page 80 (pdf) |
| 397.6971 | Early release from involuntary services. | Page 83 (pdf) |
| 397.6975 | Extension of involuntary treatment services period. | Page 84 (pdf) |
| 397.6977 | Disposition of individual upon completion of involuntary services. | Page 85 (pdf) |
| 397.702 | Authorization of local ordinances for treatment of habitual abusers in licensed secure facilities. | Page 100 (pdf) |
| 743.067 | Certified unaccompanied homeless youths. | Page 94 (pdf) |
| 790.065 | Sale and delivery of firearms. | Page 87 (pdf) |
| 945.46 | Initiation of involuntary placement proceedings with respect to a mentally ill inmate scheduled for release. | Page 96 (pdf) |
| 984.19 | Medical screening and treatment of child; examination of parent, guardian, or person requesting custody. | Page 96 (pdf) |
| 985.115 | Release or delivery from custody. | Page 98 (pdf) |
Citations - Constitution (0)
No Constitutional citations.
Citations - Chapter Law (0)
No Chapter Law citations.
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