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.