Sec. 81.173. ORDER FOR EXTENDED MANAGEMENT. (a) The jury, or the judge if the right to a jury is waived, may determine that a proposed patient requires court-ordered examination, observation, isolation, or treatment only if the jury or judge finds, from clear and convincing evidence, that:
(1) the person is infected with a communicable disease that presents a threat to the public health and, if the application is for inpatient treatment, has failed to follow the orders of the health authority or department;
(2) as a result of that communicable disease the person:
(A) is likely to cause serious harm to himself; or
(B) will, if not examined, observed, isolated, or treated, continue to endanger public health; and
(3) the person's condition is expected to continue for more than 90 days.
(b) The jury or judge must specify each criterion listed in Subsection (a)(2) that forms the basis for the decision.
(c) The court may not make findings solely from the affidavit of medical evaluation, but shall hear testimony. The court may not enter an order for extended management unless appropriate findings are made and are supported by testimony taken at the hearing. The testimony must include competent medical testimony.
(d) An order for extended management shall state that examination, treatment, and surveillance are authorized for not longer than 12 months.
(e) The department, with the cooperation of the head of the facility, shall submit to the court a general program of treatment to be provided. The program must be submitted not later than the 14th day after the date the order is issued and must be incorporated into the court order.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 242, Sec. 12, eff. May 23, 1997.
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