Untitled Texas Attorney General Opinion ( 1947 )

R-119
Hon. H, A. Hodges Opinion No. V-86
County Auditor
Williamson County Re: When two doctors examine
Georgetown, Texas and certify their findings
to the county judge, or
Court, as to the sanity of
a person, are they entitled
to any fee to be paid by the
county? And a related
question.
‘,
Dear Sir:
Your letter of February 11, 1947, in which you requested
an opinion of this Department, is in part as follows:
-1. When two Doctors examine and certify their
.findings to the County Judge, or Court, as to the sani-
ty of a person are they entitled to any fee to be paid
by the County? .
“2. In-the event the County Judge requests the
Doctors to make an examination of an insane person
is the County then obligated to pay them a fee - the
usual charge of the Doctors being $lO.OO? *
: Articles 3193, 3193a, 3193e and 31930-1, V.A.C.S., are in
part as follows:.
“Art, 3193. Who may be’admitted.
-A person alleged to be insane, and who is ,not
held on a criminal charge, may be committed to and
confined in an institution for the custody and treat-
ment of the insane and of other persons suffering from
mental illnesses upon an order made by a county judge
of the county.in,which the alleged insane person re-
sides or may be! adjudging such person to be insane,
upon a certificate of insanity made by two properly
qualified and licensed physi,cians, accompanied by a
verified petition therefor, or upon such certificate and
petition and>after a hearing to determine such ques-
tion, as hereinafter provided. o .w
Hon. H. A. Hodges - Page 2 Opinion No. V-66
“Art, 3193,a. Necessary certificate.
“No person shall be committed to any institution
for the treatment of the insane and other.mentally ill
persons, unless there has been filed with the cot&y
judge a certificate of the insanity of such person by
two properly qualified and licensed physicians, nor
without an order therefor, signed by the county judge,
stating that he finds that the person committed is in-
sane, and is a proper subject for treatment in a hos-
pital for the insane, and either that he has been an
inhabitant of the State for the six months immediately
preceding such time or that provision satisfactory to
the Board of Control has been made for his mainte-
nance, or that by reason of insanity he would,be dan-
gerous if at large. The order of commitment shall
also authorize the custody of the insane person sith-
er at the institution to which he shall first be com-
mitted or .at some other institution to which he may
be transferred by order of the Board of Control. Nei-
ther of the physicians mentioned in this section shall
be a relative of the person applying for the order, or
of the person alleged to be insane, nor shall he be a
manager, superintendent, proprietor, officer, stock-
holder, or have any pecuniary interest, directly or
indirectly, or be an attending physician in the institu-
tion to which it is proposed to commit suck alleged
insane per son” *
“Art. 3193e. Certificate of physicians.
“If a person is found by two properly qualified
and licensed physicians to be in such mental condition
that his cexnmitment to an inrtitutisn for the treat-
ment of the insane and other mentally ill persons is
necessary for his proper care or tibaervation, he may
be committed by the county judge to a State Hospital
for thirty-five days pending the determinationof his
insanity; within thirty days after such commitment,
the superintendent of the institution to which the per-
son has been committed shall ,discharge him if he is
not insane, and shall~notify the judge who committed
him, or if he is insane he shall report the patient’s
.mental condition to the judge with the recommenda-
tion that he shall be committed as an insane person
or discharged to the care of his guardian, relatives,
or friends, if he is harmless and can properly be
cared for by them, within the said thirty-five days,
the committing judge may authorime a discharge as
Hon. H. A. Hodges - Page 3 Opinion No. V-86
aforesaid, or he may commit the patient to the insti-
tution as an insane person, if, in his opinion, such
commitment is necessary. If in the opinion of the
judge, additional medical testimony as to the mental
condition of the alleged insane person is .desirable,
he may appoint a physician to examine and report
thereon.”
“Art. 31930-l. Temporary commitment by coun-
ty court without jury trial; apprehension and com-
mitment.
“Section 1. (a) If information in writing and
under oath be given to any County Judge that any per-
son in his county who is not charged with a criminal
offense, is believed to be mentally ill, and that the
welfare of himself and/or others requires that he be
placed in a State hospital for the mentally ill for not
exceeding ninety (90) days for observation and/or
treatment, and such County Judge shall believe such
information to be true, he shall forthwith, in term-
time or vacation, fix a day and place for the hearing
and determining of the matter, which place shall be
either in the Courthouse of the county, or at the resi-
dence of,the person named, or at any other place in
the county,, as the County Judge may deem best for
such person and shall give notice to such person of
the time and place of such hearing. If, upon the hear-
ing of such matter, two (2) reputable physicians au-
thorized by law to practice medicine in the State of
Texas, neither of whom is on the staff of any Texas
State Hospital, and each of whom has examined the
person alleged to be mentally ill within the preced-
ing five (5) days of said hearing, shall swear that in
each of their professional opinions such person is
mentally ill, is neither feebleminded, an idiot, an
imbecile, nor an epileptic, and that in his opinion
such person should be temporarily committed for
observation and/or treatment to some State hospital
authorized by law to care for and treat mentally ill
persons, and if thereupon the County Court finds that
such person should be temporarily committed to a
State hospital for observation and/or treatment, he
shall so state in his order of commitment which
shall be entered upon the minutes of said Court and
a writ of commitment issued thereupon committing
said person temporarily for observation and/or
treatment to some State hospital authorized by law
to care for and treat mentally ill persons. . .”
Hon. H. A. Hodges - Page 4 Opinion No. V-86
In each of the above quoted Articles you will note that it
is mandatory that the County Judge require a certificate of the in-
sanity of said person by two properly qualified and licensed phy-
sicians be filed before he may be committed by the County Judge
to the State Hospital.
If the application, which is pending before the County
Judge involves a final judgment or a proceeding looking to a final
judgment, with respect to insanity and the commitment is a tem-
porary commitment, the County Judge is governed by Articles
3193, 3193a and 3193e, supra.
If, on the other hand, the application for admission to a
State hospital involves merely a proceeding for temporary ad-
9 mission for observation, then’we look to Article 31930-1, supra,
and are governed by the provisions of that particular Article. In
either instance, however, it is readily seen that it is incumbent
upon the County Judge that he require the two doctors’ certifi-
cates.
In order to ascertain whether or not the doctors who ex-
amine the patient who is mentally ill may be paid by the county
for making such examination and executing the certificates, we
must look to the statutes and see if there is any authority, either
expressly or by implication, for such payments.
Article 3193c, V.A.C.S., is in part as follows:
“The reasonable expense for board, lodging, medi-
cal care, nursing, clothing and all other necessary ex-
penses incurred by the county health officer under this
section, shall be allowed by the commissioners’ court
and paid out of the general fund of the county.”
The last sentence of Article 319311, V.A.C.S., which per-
tains to ‘mental patients is as follows:
‘Reasonable expenses incurred for the examina-
tion of the patient and his transportation to ‘the insti-
tution shall be allowed by the commissioners’ court
and paid out of the general fund of the county in which
the patient resides or may be at the time of applica-
tion.”
Article 2351, V.A.C.S., provides in part as follows:
“Each commissioners court shall:
.
.’
Hon. H. Ai Hodges - Page 5 Opinion No. V-86
‘Il.’ Provides for the support of paupers and
such idiots ,and lunatics as cannot be admitted into
the 1unat~i.casylum, residents of thei,r county, who
are unable to support themselves. By the term resi-
dent as used herein, is meant a person who has been
a bona fide inhabitant of the county not less than six
months and of the State not less than one year,“,
Article 4279 and Article 4280 provide as follows:
“Art. 4279.
“Where the person of unsound mind or habitual
~drunkard has no estate of his own, he shall be main-
tained:
.“l. By the husband or wife of ‘such person, if
able to do so.
“2. By the father or mother of such ‘person, if
able to do so.
-3. By the children and gran&hildren of such
person, if able to do so.
-4. By the county in which said person has his
residence,”
“Art. 4280.
“The expenses attending the confinement of an
insane person shall be paid by the guardian out of
the estate of the ward, if he has an est&e; and‘if he
has none, such expense shall be paid by the person
,bound ,to provide for and support such .insane per-
son; and, if not so paid, the county shall pay the
same.”
It is clearly seen from the above quoted Articles that if
the person, who has been adjudged of unsound mind or who is
mentally ill, has an estate or if there is some person who is le-
gally liable for the support and maintenance of such person, then
the expenses attending the confinement, shall be paid out of the
estate of such insane person; and if he has no estate, such ex-
pense shall be paid by the person who is legally liable for the
support of such insane person; and if not so paid, the county shall
pay the same.
Therefore, since it is mandatory that the certificates be
,
Hon. H. A. Hodges - Page 6 Opinion No. V-86
filed; and furthermore, fnasmuch as the statute spacificrllg pro-
vides that if there are,no persons legally liable for the support of
such insaue person, or if the insane person has no estate, then the
county shall pay the same, you ate respectfully advised tham
the opinion of this Department that fht doctors making such exami-
nation and executing the certificates mq 1egaIIy be paid a reason-
able fee for such services rendered, said fee to be determined by
the Commissioners’ Court of said county.
Artic,le 4281, V.A.C.S., provides as follows:
*In all Cases of appropriations out of the county
treasury for the support and confinement of any per-
son of unsound mind or habitual drunkard, the amount
thereof may be recovered by the county from the es*
tam of such person, or from any person who, by Iaw,
is bound to provide for the support of such person, if
there be any such person able to pay for 6arne.I
In view of the foregoing statute, if an appropriation is
made out of the county treasury for confinement of any person of
unsound mind, the amount may be recovered by the county from
the estate of such person, or from any peP~B~*who by law is bound
to provide for the support of said person, if there be any said per-
son able to pay for same.
SUMMARY
When two doctors examine and certify their find-
ings to the County Judge, or Court, as to the sanity ef
a person, they are entitled to a reasonable fee, which
shall be paid by the County if there is no person IagaIly
liable for the support of such insane person, and who is
able to so provide or if the insane person has no estate
of his own. (Arts, 3193-3193`` 3193a-1, 3193c, 3193g,
4279 and 4281, V.A.C&)
Yours very truly
ATTORNEY GENERAL OF TEXAS ’
APPROVED
Bruce Allen.
Assistant
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