83R606 GCB-F
By: Menendez H.B. No. 245
A BILL TO BE ENTITLED
AN ACT
relating to the authority of emergency room physicians and certain
certified emergency medical services professionals to hold a person
believed to have a mental illness; establishing mental health
crisis intervention certification for certain emergency medical
services personnel.
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 transport the apprehended person
to:
(1) the nearest appropriate inpatient mental health
facility; [or]
(2) a mental health facility deemed suitable by the
local mental health authority, if an appropriate inpatient mental
health facility is not available; or
(3) the nearest emergency room, if the person is in
need of emergency medical services.
SECTION 2. Subchapter A, Chapter 573, Health and Safety
Code, is amended by adding Section 573.005 to read as follows:
Sec. 573.005. EMERGENCY ROOM HOLD ON PERSON. (a) A
physician who is attending a person at a hospital emergency room or
an emergency medical services professional certified in mental
health crisis intervention, as described by Section 773.072, who is
providing emergency medical services to the person may hold the
person at the hospital emergency room if the physician or emergency
medical services professional has reason to believe and does
believe that the person is mentally ill and that 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.
The physician or emergency medical services professional may hold
the person at the hospital emergency room for a period not to exceed
24 hours pending the arrival of a representative of the local mental
health authority or a peace officer able to transport the person to
an inpatient mental health facility for a preliminary examination.
(b) If at any time the physician or emergency medical
services professional determines that the person being held no
longer presents a substantial risk of serious harm to the person or
to others, the physician or emergency medical services professional
immediately shall release the person.
(c) If the physician or emergency medical services
professional holds or releases the person under this section, the
physician or emergency medical services professional immediately
shall notify the local mental health authority of the
circumstances.
(d) Section 573.025 and the rights provided by that section
apply to a person held under this section as if holding the person
under this section were a detention to which that section applies.
(e) It is an exception to prosecution under Section 20.02,
Penal Code, that the restraint of the person was in compliance with
this section.
SECTION 3. Subchapter C, Chapter 773, Health and Safety
Code, is amended by adding Section 773.072 to read as follows:
Sec. 773.072. MENTAL HEALTH CRISIS INTERVENTION TRAINING
AND CERTIFICATION. (a) The department by rule may establish
minimum requirements for the training and testing of certain
emergency medical services personnel in mental health crisis
intervention.
(b) The department may certify an emergency medical
technician, emergency medical technician--intermediate, emergency
medical technician--paramedic, or licensed paramedic in mental
health crisis intervention if the person:
(1) completes a training course administered by the
department on mental health issues and persons with mental illness;
and
(2) passes an examination administered by the
department that is designed to test the person's:
(A) knowledge and recognition of the
characteristics and symptoms of mental illness; and
(B) knowledge of mental health crisis
intervention strategies for persons with mental illness.
(c) The department may issue a professional achievement or
proficiency certificate to an emergency medical technician,
emergency medical technician--intermediate, emergency medical
technician--paramedic, or licensed paramedic who meets the
requirements of Subsection (b).
SECTION 4. 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, 2013.