85R2248 GCB-F

By: West S.B. No. 344

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a licensed paramedic to transport a person for emergency detention.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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 a licensed paramedic in accordance with Section 573.005 to transport to a facility described by Subdivision (1)(A) or (B).

SECTION 2. 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. A licensed paramedic who transports a person to a facility at the request of a peace officer 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: ______________________ _________________________ LICENSED PARAMEDIC'S SIGNATURE (if applicable) Address: _________________________ Zip Code: ____________________ Telephone: ______________________ A mental health facility or hospital emergency department may not require a peace officer or licensed paramedic 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 a licensed paramedic at the request of the officer under Section 573.005, Health and Safety Code.

(e) A mental health facility or hospital emergency department may not require a peace officer or licensed paramedic 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 a licensed paramedic at the request of the officer under Section 573.005.

SECTION 3. 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 LICENSED PARAMEDIC. (a) A peace officer may request a licensed paramedic to transport a person taken into custody by the officer under Section 573.001 only if the officer determines transferring the person to the licensed paramedic for transport is safe for the person and the paramedic.

(b) A licensed paramedic 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.

(c) A peace officer who transfers a person to a licensed paramedic under this section to be transported to the appropriate facility must provide:

(1) to the person the notice described by Section 573.001(g); and

(2) to the paramedic a completed notification of detention about the person on the form provided by Section 573.002(d).

SECTION 4. 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 licensed paramedic files a notification of detention completed by the peace officer under Section 573.002(a).

SECTION 5. 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.