Texas Health and Safety Code 462.064 – Certificate of Medical Examination for Chemical Dependency
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(a) A hearing on court-ordered treatment may not be held unless there are on file with the court at least two certificates of medical examination for chemical dependency completed by different physicians each of whom has examined the proposed patient not earlier than the 30th day before the date the final hearing is held.
(b) If the certificates are not filed with the application, the court may appoint the necessary physicians to examine the proposed patient and file the certificates. The court may order the proposed patient to submit to the examinations and may issue a warrant authorizing a peace officer to take the proposed patient into custody for the examinations.
Terms Used In Texas Health and Safety Code 462.064
- 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
- Succeeding: means immediately following. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A certificate must be dated and signed by the examining physician. The certificate must include:
(1) the name and address of the examining physician;
(2) the name and address of the proposed patient;
(3) the date and place of the examination;
(4) the period, if any, during which the proposed patient has been under the care of the examining physician;
(5) an accurate description of the treatment, if any, given by or administered under the direction of the examining physician; and
(6) the examining physician’s opinions whether the proposed patient is a person with a chemical dependency and:
(A) is likely to cause serious harm to the person;
(B) is likely to cause serious harm to others; or
(C) will continue to suffer abnormal mental, emotional, or physical distress and to deteriorate in ability to function independently if not treated and is unable to make a rational and informed choice as to whether or not to submit to treatment.
(d) The certificate must include the detailed reason for each of the examining physician’s opinions under this section.
(e) If the certificates required under this section are not on file at the time set for the hearing on the application, the judge shall dismiss the application and order the immediate release of the proposed patient if that person is not at liberty. If extremely hazardous weather conditions exist or a disaster occurs, the presiding judge or magistrate may by written order made each day extend the period during which the two certificates of medical examination for chemical dependency may be filed, and the person may be detained until 4 p.m. on the first succeeding business day. The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.