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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of emergency room physicians and certain |
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certified emergency medical services professionals to hold a person |
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believed to have a mental illness; establishing mental health |
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crisis intervention certification for certain emergency medical |
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services personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.001(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) A peace officer who takes a person into custody under |
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Subsection (a) shall immediately transport the apprehended person |
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to: |
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(1) the nearest appropriate inpatient mental health |
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facility; [or] |
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(2) a mental health facility deemed suitable by the |
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local mental health authority, if an appropriate inpatient mental |
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health facility is not available; or |
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(3) the nearest emergency room, if the person is in |
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need of emergency medical services. |
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SECTION 2. Subchapter A, Chapter 573, Health and Safety |
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Code, is amended by adding Section 573.005 to read as follows: |
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Sec. 573.005. EMERGENCY ROOM HOLD ON PERSON. (a) A |
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physician who is attending a person at a hospital emergency room or |
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an emergency medical services professional certified in mental |
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health crisis intervention, as described by Section 773.072, who is |
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providing emergency medical services to the person may hold the |
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person at the hospital emergency room if the physician or emergency |
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medical services professional has reason to believe and does |
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believe that the person is mentally ill and that because of that |
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mental illness there is a substantial risk of serious harm to the |
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person or to others unless the person is immediately restrained. |
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The physician or emergency medical services professional may hold |
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the person at the hospital emergency room for a period not to exceed |
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24 hours pending the arrival of a representative of the local mental |
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health authority or a peace officer able to transport the person to |
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an inpatient mental health facility for a preliminary examination. |
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(b) If at any time the physician or emergency medical |
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services professional determines that the person being held no |
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longer presents a substantial risk of serious harm to the person or |
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to others, the physician or emergency medical services professional |
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immediately shall release the person. |
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(c) If the physician or emergency medical services |
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professional holds or releases the person under this section, the |
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physician or emergency medical services professional immediately |
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shall notify the local mental health authority of the |
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circumstances. |
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(d) Section 573.025 and the rights provided by that section |
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apply to a person held under this section as if holding the person |
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under this section were a detention to which that section applies. |
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(e) It is an exception to prosecution under Section 20.02, |
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Penal Code, that the restraint of the person was in compliance with |
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this section. |
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SECTION 3. Subchapter C, Chapter 773, Health and Safety |
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Code, is amended by adding Section 773.072 to read as follows: |
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Sec. 773.072. MENTAL HEALTH CRISIS INTERVENTION TRAINING |
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AND CERTIFICATION. (a) The department by rule may establish |
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minimum requirements for the training and testing of certain |
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emergency medical services personnel in mental health crisis |
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intervention. |
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(b) The department may certify an emergency medical |
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technician, emergency medical technician--intermediate, emergency |
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medical technician--paramedic, or licensed paramedic in mental |
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health crisis intervention if the person: |
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(1) completes a training course administered by the |
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department on mental health issues and persons with mental illness; |
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and |
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(2) passes an examination administered by the |
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department that is designed to test the person's: |
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(A) knowledge and recognition of the |
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characteristics and symptoms of mental illness; and |
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(B) knowledge of mental health crisis |
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intervention strategies for persons with mental illness. |
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(c) The department may issue a professional achievement or |
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proficiency certificate to an emergency medical technician, |
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emergency medical technician--intermediate, emergency medical |
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technician--paramedic, or licensed paramedic who meets the |
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requirements of Subsection (b). |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |