| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to transportation of an individual with a mental illness |
|
|
by emergency medical services personnel. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Subchapter A, Chapter 573, Health |
|
|
and Safety Code, is amended to read as follows: |
|
|
SUBCHAPTER A. APPREHENSION BY PEACE OFFICER OR TRANSPORTATION FOR |
|
|
EMERGENCY DETENTION BY GUARDIAN OR EMERGENCY MEDICAL SERVICES |
|
|
PERSONNEL |
|
|
SECTION 2. Subchapter A, Chapter 573, Health and Safety |
|
|
Code, is amended by adding Sections 573.0035 and 573.005 to read as |
|
|
follows: |
|
|
Sec. 573.0035. TRANSPORTATION FOR EMERGENCY DETENTION BY |
|
|
EMERGENCY MEDICAL SERVICES PERSONNEL. (a) In this section, |
|
|
"emergency medical care," "emergency medical services personnel," |
|
|
and "trauma services" have the meanings assigned by Section |
|
|
773.003. |
|
|
(b) Except as provided by Subsection (d), emergency medical |
|
|
services personnel, without the assistance of a peace officer, may |
|
|
transport a person directly to an inpatient mental health facility |
|
|
for a preliminary examination in accordance with Section 573.021 if |
|
|
the emergency medical services personnel have reason to believe and |
|
|
do believe that: |
|
|
(1) the person is mentally ill; and |
|
|
(2) because of that mental illness, there is a |
|
|
substantial risk of serious harm to the person or to others unless |
|
|
the person is immediately restrained. |
|
|
(c) A substantial risk of serious harm to the person or |
|
|
others under Subsection (b)(2) may be demonstrated by: |
|
|
(1) the person's behavior; or |
|
|
(2) evidence of severe emotional distress and |
|
|
deterioration in the person's mental condition to the extent that |
|
|
the person cannot remain at liberty. |
|
|
(d) Emergency medical services personnel may not transport |
|
|
a person directly to an inpatient mental health facility if the |
|
|
person requires emergency medical care or trauma services. |
|
|
Sec. 573.005. EMERGENCY MEDICAL SERVICES PERSONNEL'S |
|
|
APPLICATION FOR EMERGENCY DETENTION. (a) In this section, |
|
|
"emergency medical services personnel" has the meaning assigned by |
|
|
Section 773.003. |
|
|
(b) After transporting a person to a facility under Section |
|
|
573.0035, emergency medical services personnel shall immediately |
|
|
file an application for detention with the facility. |
|
|
(c) The application for detention must contain: |
|
|
(1) a statement that the emergency medical services |
|
|
personnel have reason to believe and do believe that the person |
|
|
evidences mental illness; |
|
|
(2) a statement that the emergency medical services |
|
|
personnel have reason to believe and do believe that the person |
|
|
evidences a substantial risk of serious harm to the person or |
|
|
others; |
|
|
(3) a specific description of the risk of harm; |
|
|
(4) a statement that the emergency medical services |
|
|
personnel have reason to believe and do believe that the risk of |
|
|
harm is imminent unless the person is immediately restrained; |
|
|
(5) a statement that the emergency medical services |
|
|
personnel's beliefs are derived from specific recent behavior, |
|
|
overt acts, attempts, or threats that were observed by the |
|
|
emergency medical services personnel; and |
|
|
(6) a detailed description of the specific behavior, |
|
|
acts, attempts, or threats. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2015. |