| 1 | 1 | | 84R8961 SCL-D |
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| 2 | 2 | | By: Riddle H.B. No. 2711 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to transportation of an individual with a mental illness |
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| 8 | 8 | | by emergency medical services personnel. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Subchapter A, Chapter 573, Health |
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| 11 | 11 | | and Safety Code, is amended to read as follows: |
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| 12 | 12 | | SUBCHAPTER A. APPREHENSION BY PEACE OFFICER OR TRANSPORTATION FOR |
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| 13 | 13 | | EMERGENCY DETENTION BY GUARDIAN OR EMERGENCY MEDICAL SERVICES |
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| 14 | 14 | | PERSONNEL |
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| 15 | 15 | | SECTION 2. Subchapter A, Chapter 573, Health and Safety |
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| 16 | 16 | | Code, is amended by adding Sections 573.0035 and 573.005 to read as |
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| 17 | 17 | | follows: |
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| 18 | 18 | | Sec. 573.0035. TRANSPORTATION FOR EMERGENCY DETENTION BY |
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| 19 | 19 | | EMERGENCY MEDICAL SERVICES PERSONNEL. (a) In this section, |
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| 20 | 20 | | "emergency medical care," "emergency medical services personnel," |
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| 21 | 21 | | and "trauma services" have the meanings assigned by Section |
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| 22 | 22 | | 773.003. |
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| 23 | 23 | | (b) Except as provided by Subsection (d), emergency medical |
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| 24 | 24 | | services personnel, without the assistance of a peace officer, may |
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| 25 | 25 | | transport a person directly to an inpatient mental health facility |
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| 26 | 26 | | for a preliminary examination in accordance with Section 573.021 if |
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| 27 | 27 | | the emergency medical services personnel have reason to believe and |
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| 28 | 28 | | do believe that: |
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| 29 | 29 | | (1) the person is mentally ill; and |
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| 30 | 30 | | (2) because of that mental illness, there is a |
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| 31 | 31 | | substantial risk of serious harm to the person or to others unless |
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| 32 | 32 | | the person is immediately restrained. |
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| 33 | 33 | | (c) A substantial risk of serious harm to the person or |
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| 34 | 34 | | others under Subsection (b)(2) may be demonstrated by: |
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| 35 | 35 | | (1) the person's behavior; or |
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| 36 | 36 | | (2) evidence of severe emotional distress and |
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| 37 | 37 | | deterioration in the person's mental condition to the extent that |
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| 38 | 38 | | the person cannot remain at liberty. |
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| 39 | 39 | | (d) Emergency medical services personnel may not transport |
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| 40 | 40 | | a person directly to an inpatient mental health facility if the |
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| 41 | 41 | | person requires emergency medical care or trauma services. |
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| 42 | 42 | | Sec. 573.005. EMERGENCY MEDICAL SERVICES PERSONNEL'S |
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| 43 | 43 | | APPLICATION FOR EMERGENCY DETENTION. (a) In this section, |
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| 44 | 44 | | "emergency medical services personnel" has the meaning assigned by |
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| 45 | 45 | | Section 773.003. |
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| 46 | 46 | | (b) After transporting a person to a facility under Section |
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| 47 | 47 | | 573.0035, emergency medical services personnel shall immediately |
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| 48 | 48 | | file an application for detention with the facility. |
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| 49 | 49 | | (c) The application for detention must contain: |
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| 50 | 50 | | (1) a statement that the emergency medical services |
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| 51 | 51 | | personnel have reason to believe and do believe that the person |
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| 52 | 52 | | evidences mental illness; |
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| 53 | 53 | | (2) a statement that the emergency medical services |
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| 54 | 54 | | personnel have reason to believe and do believe that the person |
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| 55 | 55 | | evidences a substantial risk of serious harm to the person or |
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| 56 | 56 | | others; |
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| 57 | 57 | | (3) a specific description of the risk of harm; |
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| 58 | 58 | | (4) a statement that the emergency medical services |
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| 59 | 59 | | personnel have reason to believe and do believe that the risk of |
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| 60 | 60 | | harm is imminent unless the person is immediately restrained; |
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| 61 | 61 | | (5) a statement that the emergency medical services |
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| 62 | 62 | | personnel's beliefs are derived from specific recent behavior, |
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| 63 | 63 | | overt acts, attempts, or threats that were observed by the |
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| 64 | 64 | | emergency medical services personnel; and |
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| 65 | 65 | | (6) a detailed description of the specific behavior, |
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| 66 | 66 | | acts, attempts, or threats. |
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| 67 | 67 | | SECTION 3. This Act takes effect immediately if it receives |
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| 68 | 68 | | a vote of two-thirds of all the members elected to each house, as |
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| 69 | 69 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 70 | 70 | | Act does not receive the vote necessary for immediate effect, this |
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| 71 | 71 | | Act takes effect September 1, 2015. |
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