89R4058 MPF-D
By: Hagenbuch S.B. No. 2706
A BILL TO BE ENTITLED
AN ACT
relating to emergency detention by a paramedic of certain persons
with mental illness for preliminary examination at a mental health
facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.0001, Health and Safety Code, is
amended by adding Subdivisions (3) and (4) to read as follows:
(3) "Medical director" means a licensed physician who
supervises the provision of emergency medical services by a public
or private entity that:
(A) provides those services; and
(B) employs one or more paramedics.
(4) "Paramedic" means a person licensed under Chapter
773 as a licensed paramedic.
SECTION 2. Subchapter A, Chapter 573, Health and Safety
Code, is amended by adding Sections 573.006 and 573.007 to read as
follows:
Sec. 573.006. DETENTION BY PARAMEDIC FOR PRELIMINARY
EXAMINATION. (a) A paramedic may detain a person for preliminary
examination under Section 573.021 at a mental health facility,
regardless of the person's age, if the paramedic:
(1) is specifically authorized to detain a person
under this subsection by the medical director for the entity that
employs or contracts with the paramedic;
(2) has reason to believe and does believe that:
(A) the person is a person with mental illness;
and
(B) because of that mental illness there is a
substantial risk of serious harm to the person or others unless the
person is immediately restrained; and
(3) believes that there is not sufficient time to
obtain a warrant or for a peace officer to take the person into
custody.
(b) A substantial risk of serious harm to the person or
others under Subsection (a)(2)(B) may be demonstrated by:
(1) the person's behavior; or
(2) evidence of severe emotional distress and
deterioration in the person's mental condition to the extent that
the person cannot remain at liberty.
(c) The paramedic may form the belief that the person meets
the criteria for detention under this section based on:
(1) a representation made by a credible person; or
(2) the conduct of the detained person or the
circumstances under which the person is detained.
(d) A paramedic who detains a person under Subsection (a)
shall immediately transport the detained 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.
(e) A paramedic who detains a person under Subsection (a) at
a mental health facility described by Subsection (d)(1) or (2)
shall immediately inform the person orally in simple, nontechnical
terms:
(1) of the reason for the detention; and
(2) that a staff member of the facility will inform the
person of the person's rights within 24 hours after the time the
person is admitted to the facility, as provided by Section
573.025(b).
Sec. 573.007. PARAMEDIC'S NOTIFICATION OF DETENTION. (a)
A paramedic shall immediately file with a mental health facility a
notification of detention after transporting a person to that
facility in accordance with Section 573.006.
(b) The paramedic's notification of detention must contain:
(1) a statement that the paramedic has reason to
believe and does believe that the person evidences mental illness;
(2) a statement that the paramedic has reason to
believe and does believe that the person evidences a substantial
risk of serious harm to the person or others;
(3) a specific description of the risk of harm;
(4) a statement that the paramedic has reason to
believe and does believe that the risk of harm is imminent unless
the person is immediately restrained;
(5) a statement that the paramedic's beliefs are
derived from specific recent behavior, overt acts, attempts, or
threats that were observed by or reliably reported to the
paramedic;
(6) a detailed description of the specific behavior,
acts, attempts, or threats; and
(7) the name and relationship to the detained person
of any person who reported or observed the behavior, acts,
attempts, or threats.
(c) The mental health facility where the person is detained
shall include in the detained person's clinical file the
notification of detention described by this section.
(d) The paramedic shall provide 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 licensed paramedic
employed by (name of employing entity) ___________________________
and authorized by (name of medical director) _____________ to make
emergency detentions, 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, 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, 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 □
_____________________
PARAMEDIC'S SIGNATURE
Address: _________________________ Zip Code: ____________________
Telephone: ______________________
A mental health facility or hospital emergency department may not
require a paramedic to execute any form other than this form as a
predicate to accepting for temporary admission a person detained by
a paramedic under Section 573.006, Health and Safety Code, and
transported by the paramedic under that section.
(e) A mental health facility or hospital emergency
department may not require a 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 paramedic under
Section 573.006 and transported by the paramedic under that
section.
SECTION 3. Section 573.021(a), Health and Safety Code, is
amended to read as follows:
(a) A facility shall temporarily accept and detain a person
for whom:
(1) an application for detention is filed;
(2) [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); or
(3) a paramedic detaining and transporting the person
under Section 573.006 files a notification of detention under
Section 573.007.
SECTION 4. The changes in law made by this Act apply only to
an emergency detention that begins on or after the effective date of
this Act. An emergency detention that begins before the effective
date of this Act is governed by the law as it existed immediately
before that date, and that law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2025.