Tex.
Health & Safety Code Section 462.073
Modification of Order for Inpatient Treatment
(a)
The administrator of a facility to which a patient is committed for inpatient treatment may request the court that entered the commitment order to modify the order to require the patient to participate in outpatient care or services.(b)
The facility administrator’s request must explain in detail the reason for the request. The request must be accompanied by a certificate of medical examination for chemical dependency signed by a physician who examined the patient during the preceding seven days.(c)
The patient shall be given notice of the request.(d)
On request of the patient or any other interested person, the court shall hold a hearing on the request. The court shall appoint an attorney to represent the patient at the hearing. The hearing shall be held before the court without a jury and as prescribed by Section 462.067 (Hearing on Application for Court-ordered Treatment). The patient 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 certificate.(f)
If the court modifies the order, the court shall identify a person to be responsible for the outpatient care or services.(g)
The person responsible for the care or services shall submit to the court within two weeks after the court enters the order a general program of the treatment to be provided. The program must be incorporated into the court order.(h)
A modified order may not extend beyond the term of the original order.
Source:
Section 462.073 — Modification of Order for Inpatient Treatment, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.462.htm#462.073 (accessed Jun. 5, 2024).
