By: West, et al. S.B. No. 344
 
  (Sheffield)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of emergency medical services personnel
  of certain emergency medical services providers to transport a
  person for emergency detention.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 573, Health and Safety
  Code, is amended by adding Section 573.0001 to read as follows:
         Sec. 573.0001.  DEFINITIONS. In this chapter:
               (1)  "Emergency medical services personnel" and
  "emergency medical services provider" have the meanings assigned by
  Section 773.003.
               (2)  "Law enforcement agency" has the meaning assigned
  by Article 59.01, Code of Criminal Procedure.
         SECTION 2.  Section 573.001(d), Health and Safety Code, is
  amended to read as follows:
         (d)  A peace officer who takes a person into custody under
  Subsection (a) shall immediately:
               (1)  transport the apprehended person to:
                     (A) [(1)]  the nearest appropriate inpatient
  mental health facility; or
                     (B) [(2)]  a mental health facility deemed
  suitable by the local mental health authority, if an appropriate
  inpatient mental health facility is not available; or
               (2)  transfer the apprehended person to emergency
  medical services personnel of an emergency medical services
  provider in accordance with a memorandum of understanding executed
  under Section 573.005 for transport to a facility described by
  Subdivision (1)(A) or (B).
         SECTION 3.  Sections 573.002(a), (d), and (e), Health and
  Safety Code, are amended to read as follows:
         (a)  A peace officer shall immediately file with a facility a
  notification of detention after transporting a person to that
  facility in accordance with Section 573.001. Emergency medical
  services personnel of an emergency medical services provider who
  transport a person to a facility at the request of a peace officer
  made in accordance with a memorandum of understanding executed
  under Section 573.005 shall immediately file with the facility the
  notification of detention completed by the peace officer who made
  the request.
         (d)  The peace officer shall provide [give] the notification
  of detention on the following form:
  Notification--Emergency Detention        NO. ____________________
  DATE:_______________ TIME:_______________
  THE STATE OF TEXAS
  FOR THE BEST INTEREST AND PROTECTION OF:
  ______________________________________
  NOTIFICATION OF EMERGENCY DETENTION
  Now comes _____________________________, a peace officer with
  (name of agency) _____________________________, of the State of
  Texas, and states as follows:
  1.  I have reason to believe and do believe that (name of person to
  be detained) __________________________ evidences mental illness.
  2.  I have reason to believe and do believe that the above-named
  person evidences a substantial risk of serious harm to
  himself/herself or others based upon the following:
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  3.  I have reason to believe and do believe that the above risk of
  harm is imminent unless the above-named person is immediately
  restrained.
  4.  My beliefs are based upon the following recent behavior, overt
  acts, attempts, statements, or threats observed by me or reliably
  reported to me:
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  5.  The names, addresses, and relationship to the above-named
  person of those persons who reported or observed recent behavior,
  acts, attempts, statements, or threats of the above-named person
  are (if applicable):
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  For the above reasons, I present this notification to seek
  temporary admission to the (name of facility)
  _________________________ inpatient mental health facility or
  hospital facility for the detention of (name of person to be
  detained) __________________________ on an emergency basis.
  6.  Was the person restrained in any way? Yes □ No □
  _________________________         BADGE NO. _____________________
  PEACE OFFICER'S SIGNATURE
  Address: _________________________ Zip Code: ____________________
  Telephone: ______________________
  _________________________
  SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable)
  Address: _________________________ Zip Code: ____________________
  Telephone: ______________________
  A mental health facility or hospital emergency department may not
  require a peace officer or emergency medical services personnel to
  execute any form other than this form as a predicate to accepting
  for temporary admission a person detained by a peace officer under
  Section 573.001, [Texas] Health and Safety Code, and transported by
  the officer under that section or by emergency medical services
  personnel of an emergency medical services provider at the request
  of the officer made in accordance with a memorandum of
  understanding executed under Section 573.005, Health and Safety
  Code.
         (e)  A mental health facility or hospital emergency
  department may not require a peace officer or emergency medical
  services personnel to execute any form other than the form provided
  by Subsection (d) as a predicate to accepting for temporary
  admission a person detained by a peace officer under Section
  573.001 and transported by the officer under that section or by
  emergency medical services personnel of an emergency medical
  services provider at the request of the officer made in accordance
  with a memorandum of understanding executed under Section 573.005.
         SECTION 4.  Subchapter A, Chapter 573, Health and Safety
  Code, is amended by adding Section 573.005 to read as follows:
         Sec. 573.005.  TRANSPORTATION FOR EMERGENCY DETENTION BY
  EMERGENCY MEDICAL SERVICES PROVIDER; MEMORANDUM OF UNDERSTANDING.
  (a)  A law enforcement agency and an emergency medical services
  provider may execute a memorandum of understanding under which
  emergency medical services personnel employed by the provider may
  transport a person taken into custody under Section 573.001 by a
  peace officer employed by the law enforcement agency.
         (b)  A memorandum of understanding must:
               (1)  address responsibility for the cost of
  transporting the person taken into custody; and
               (2)  be approved by the county in which the law
  enforcement agency is located and the local mental health authority
  that provides services in that county with respect to provisions of
  the memorandum that address the responsibility for the cost of
  transporting the person.
         (c)  A peace officer may request that emergency medical
  services personnel transport a person taken into custody by the
  officer under Section 573.001 only if:
               (1)  the law enforcement agency that employs the
  officer and the emergency medical services provider that employs
  the personnel have executed a memorandum of understanding under
  this section; and
               (2)  the officer determines that transferring the
  person for transport is safe for both the person and the personnel.
         (d)  Emergency medical services personnel may, at the
  request of a peace officer, transport a person taken into custody by
  the officer under Section 573.001 to the appropriate facility, as
  provided by that section, if the law enforcement agency that
  employs the officer and the emergency medical services provider
  that employs the personnel have executed a memorandum of
  understanding under this section.
         (e)  A peace officer who transfers a person to emergency
  medical services personnel under a memorandum of understanding
  executed under this section for transport to the appropriate
  facility must provide:
               (1)  to the person the notice described by Section
  573.001(g); and
               (2)  to the personnel a completed notification of
  detention about the person on the form provided by Section
  573.002(d).
         SECTION 5.  Section 573.021(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A facility shall temporarily accept a person for whom an
  application for detention is filed or for whom a peace officer or
  emergency medical services personnel of an emergency medical
  services provider transporting the person in accordance with a
  memorandum of understanding executed under Section 573.005 files a
  notification of detention completed by the peace officer under
  Section 573.002(a).
         SECTION 6.  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, 2017.