Texas 2025 - 89th Regular

Texas Senate Bill SB2706 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4058 MPF-D
2	2	By: Hagenbuch S.B. No. 2706
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5	5
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to emergency detention by a paramedic of certain persons
10	10	with mental illness for preliminary examination at a mental health
11	11	facility.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 573.0001, Health and Safety Code, is
14	14	amended by adding Subdivisions (3) and (4) to read as follows:
15	15	(3) "Medical director" means a licensed physician who
16	16	supervises the provision of emergency medical services by a public
17	17	or private entity that:
18	18	(A) provides those services; and
19	19	(B) employs one or more paramedics.
20	20	(4) "Paramedic" means a person licensed under Chapter
21	21	773 as a licensed paramedic.
22	22	SECTION 2. Subchapter A, Chapter 573, Health and Safety
23	23	Code, is amended by adding Sections 573.006 and 573.007 to read as
24	24	follows:
25	25	Sec. 573.006. DETENTION BY PARAMEDIC FOR PRELIMINARY
26	26	EXAMINATION. (a) A paramedic may detain a person for preliminary
27	27	examination under Section 573.021 at a mental health facility,
28	28	regardless of the person's age, if the paramedic:
29	29	(1) is specifically authorized to detain a person
30	30	under this subsection by the medical director for the entity that
31	31	employs or contracts with the paramedic;
32	32	(2) has reason to believe and does believe that:
33	33	(A) the person is a person with mental illness;
34	34	and
35	35	(B) because of that mental illness there is a
36	36	substantial risk of serious harm to the person or others unless the
37	37	person is immediately restrained; and
38	38	(3) believes that there is not sufficient time to
39	39	obtain a warrant or for a peace officer to take the person into
40	40	custody.
41	41	(b) A substantial risk of serious harm to the person or
42	42	others under Subsection (a)(2)(B) may be demonstrated by:
43	43	(1) the person's behavior; or
44	44	(2) evidence of severe emotional distress and
45	45	deterioration in the person's mental condition to the extent that
46	46	the person cannot remain at liberty.
47	47	(c) The paramedic may form the belief that the person meets
48	48	the criteria for detention under this section based on:
49	49	(1) a representation made by a credible person; or
50	50	(2) the conduct of the detained person or the
51	51	circumstances under which the person is detained.
52	52	(d) A paramedic who detains a person under Subsection (a)
53	53	shall immediately transport the detained person to:
54	54	(1) the nearest appropriate inpatient mental health
55	55	facility; or
56	56	(2) a mental health facility deemed suitable by the
57	57	local mental health authority, if an appropriate inpatient mental
58	58	health facility is not available.
59	59	(e) A paramedic who detains a person under Subsection (a) at
60	60	a mental health facility described by Subsection (d)(1) or (2)
61	61	shall immediately inform the person orally in simple, nontechnical
62	62	terms:
63	63	(1) of the reason for the detention; and
64	64	(2) that a staff member of the facility will inform the
65	65	person of the person's rights within 24 hours after the time the
66	66	person is admitted to the facility, as provided by Section
67	67	573.025(b).
68	68	Sec. 573.007. PARAMEDIC'S NOTIFICATION OF DETENTION. (a)
69	69	A paramedic shall immediately file with a mental health facility a
70	70	notification of detention after transporting a person to that
71	71	facility in accordance with Section 573.006.
72	72	(b) The paramedic's notification of detention must contain:
73	73	(1) a statement that the paramedic has reason to
74	74	believe and does believe that the person evidences mental illness;
75	75	(2) a statement that the paramedic has reason to
76	76	believe and does believe that the person evidences a substantial
77	77	risk of serious harm to the person or others;
78	78	(3) a specific description of the risk of harm;
79	79	(4) a statement that the paramedic has reason to
80	80	believe and does believe that the risk of harm is imminent unless
81	81	the person is immediately restrained;
82	82	(5) a statement that the paramedic's beliefs are
83	83	derived from specific recent behavior, overt acts, attempts, or
84	84	threats that were observed by or reliably reported to the
85	85	paramedic;
86	86	(6) a detailed description of the specific behavior,
87	87	acts, attempts, or threats; and
88	88	(7) the name and relationship to the detained person
89	89	of any person who reported or observed the behavior, acts,
90	90	attempts, or threats.
91	91	(c) The mental health facility where the person is detained
92	92	shall include in the detained person's clinical file the
93	93	notification of detention described by this section.
94	94	(d) The paramedic shall provide the notification of
95	95	detention on the following form:
96	96	Notification--Emergency Detention NO. ____________________
97	97	DATE:_______________ TIME:_______________
98	98	THE STATE OF TEXAS
99	99	FOR THE BEST INTEREST AND PROTECTION OF:
100	100	______________________________________
101	101	NOTIFICATION OF EMERGENCY DETENTION
102	102	Now comes _____________________________, a licensed paramedic
103	103	employed by (name of employing entity) ___________________________
104	104	and authorized by (name of medical director) _____________ to make
105	105	emergency detentions, and states as follows:
106	106	1. I have reason to believe and do believe that (name of person to
107	107	be detained) __________________________ evidences mental illness.
108	108	2. I have reason to believe and do believe that the above-named
109	109	person evidences a substantial risk of serious harm to
110	110	himself/herself or others based upon the following:
111	111	________________________________________________________________
112	112	________________________________________________________________
113	113	________________________________________________________________
114	114	________________________________________________________________
115	115	3. I have reason to believe and do believe that the above risk of
116	116	harm is imminent unless the above-named person is immediately
117	117	restrained.
118	118	4. My beliefs are based upon the following recent behavior, overt
119	119	acts, attempts, or threats observed by me or reliably reported to
120	120	me:
121	121	________________________________________________________________
122	122	________________________________________________________________
123	123	________________________________________________________________
124	124	________________________________________________________________
125	125	5. The names, addresses, and relationship to the above-named
126	126	person of those persons who reported or observed recent behavior,
127	127	acts, attempts, or threats of the above-named person are (if
128	128	applicable):
129	129	________________________________________________________________
130	130	________________________________________________________________
131	131	________________________________________________________________
132	132	________________________________________________________________
133	133	For the above reasons, I present this notification to seek
134	134	temporary admission to the (name of facility)
135	135	_________________________ inpatient mental health facility or
136	136	hospital facility for the detention of (name of person to be
137	137	detained) __________________________ on an emergency basis.
138	138	6. Was the person restrained in any way? Yes □ No □
139	139	_____________________
140	140	PARAMEDIC'S SIGNATURE
141	141	Address: _________________________ Zip Code: ____________________
142	142	Telephone: ______________________
143	143	A mental health facility or hospital emergency department may not
144	144	require a paramedic to execute any form other than this form as a
145	145	predicate to accepting for temporary admission a person detained by
146	146	a paramedic under Section 573.006, Health and Safety Code, and
147	147	transported by the paramedic under that section.
148	148	(e) A mental health facility or hospital emergency
149	149	department may not require a paramedic to execute any form other
150	150	than the form provided by Subsection (d) as a predicate to accepting
151	151	for temporary admission a person detained by a paramedic under
152	152	Section 573.006 and transported by the paramedic under that
153	153	section.
154	154	SECTION 3. Section 573.021(a), Health and Safety Code, is
155	155	amended to read as follows:
156	156	(a) A facility shall temporarily accept and detain a person
157	157	for whom:
158	158	(1) an application for detention is filed;
159	159	(2) [or for whom] a peace officer or emergency medical
160	160	services personnel of an emergency medical services provider
161	161	transporting the person in accordance with a memorandum of
162	162	understanding executed under Section 573.005 files a notification
163	163	of detention completed by the peace officer under Section
164	164	573.002(a); or
165	165	(3) a paramedic detaining and transporting the person
166	166	under Section 573.006 files a notification of detention under
167	167	Section 573.007.
168	168	SECTION 4. The changes in law made by this Act apply only to
169	169	an emergency detention that begins on or after the effective date of
170	170	this Act. An emergency detention that begins before the effective
171	171	date of this Act is governed by the law as it existed immediately
172	172	before that date, and that law is continued in effect for that
173	173	purpose.
174	174	SECTION 5. This Act takes effect September 1, 2025.