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.