Tex.
Health & Safety Code Section 81.182
Modification of Order for Inpatient Treatment
(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.(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 Section 81.169 (General Provisions Relating to Hearing). 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 Section 81.175 (Court-ordered Outpatient Services)(b).(h)
A modified order may not extend beyond the term of the original order.
Source:
Section 81.182 — Modification of Order for Inpatient Treatment, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.81.htm#81.182 (accessed Jun. 5, 2024).
