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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency detention by a paramedic of certain persons |
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with mental illness for preliminary examination at a mental health |
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facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.0001, Health and Safety Code, is |
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amended by adding Subdivisions (3) and (4) to read as follows: |
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(3) "Medical director" means a licensed physician who |
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supervises the provision of emergency medical services by a public |
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or private entity that: |
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(A) provides those services; and |
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(B) employs one or more paramedics. |
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(4) "Paramedic" means a person licensed under Chapter |
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773 as a licensed paramedic. |
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SECTION 2. Subchapter A, Chapter 573, Health and Safety |
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Code, is amended by adding Sections 573.006 and 573.007 to read as |
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follows: |
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Sec. 573.006. DETENTION BY PARAMEDIC FOR PRELIMINARY |
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EXAMINATION. (a) A paramedic may detain a person for preliminary |
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examination under Section 573.021 at a mental health facility, |
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regardless of the person's age, if the paramedic: |
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(1) is specifically authorized to detain a person |
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under this subsection by the medical director for the entity that |
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employs or contracts with the paramedic; |
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(2) has reason to believe and does believe that: |
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(A) the person is a person with mental illness; |
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and |
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(B) because of that mental illness there is a |
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substantial risk of serious harm to the person or others unless the |
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person is immediately restrained; and |
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(3) believes that there is not sufficient time to |
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obtain a warrant or for a peace officer to take the person into |
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custody. |
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(b) A substantial risk of serious harm to the person or |
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others under Subsection (a)(2)(B) may be demonstrated by: |
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(1) the person's behavior; or |
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(2) evidence of severe emotional distress and |
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deterioration in the person's mental condition to the extent that |
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the person cannot remain at liberty. |
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(c) The paramedic may form the belief that the person meets |
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the criteria for detention under this section based on: |
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(1) a representation made by a credible person; or |
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(2) the conduct of the detained person or the |
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circumstances under which the person is detained. |
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(d) A paramedic who detains a person under Subsection (a) |
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shall immediately transport the detained person to: |
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(1) the nearest appropriate inpatient mental health |
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facility; or |
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(2) a mental health facility deemed suitable by the |
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local mental health authority, if an appropriate inpatient mental |
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health facility is not available. |
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(e) A paramedic who detains a person under Subsection (a) at |
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a mental health facility described by Subsection (d)(1) or (2) |
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shall immediately inform the person orally in simple, nontechnical |
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terms: |
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(1) of the reason for the detention; and |
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(2) that a staff member of the facility will inform the |
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person of the person's rights within 24 hours after the time the |
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person is admitted to the facility, as provided by Section |
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573.025(b). |
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Sec. 573.007. PARAMEDIC'S NOTIFICATION OF DETENTION. (a) |
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A paramedic shall immediately file with a mental health facility a |
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notification of detention after transporting a person to that |
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facility in accordance with Section 573.006. |
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(b) The paramedic's notification of detention must contain: |
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(1) a statement that the paramedic has reason to |
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believe and does believe that the person evidences mental illness; |
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(2) a statement that the paramedic has reason to |
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believe and does believe that the person evidences a substantial |
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risk of serious harm to the person or others; |
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(3) a specific description of the risk of harm; |
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(4) a statement that the paramedic has reason to |
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believe and does believe that the risk of harm is imminent unless |
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the person is immediately restrained; |
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(5) a statement that the paramedic's beliefs are |
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derived from specific recent behavior, overt acts, attempts, or |
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threats that were observed by or reliably reported to the |
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paramedic; |
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(6) a detailed description of the specific behavior, |
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acts, attempts, or threats; and |
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(7) the name and relationship to the detained person |
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of any person who reported or observed the behavior, acts, |
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attempts, or threats. |
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(c) The mental health facility where the person is detained |
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shall include in the detained person's clinical file the |
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notification of detention described by this section. |
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(d) The paramedic shall provide the notification of |
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detention on the following form: |
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Notification--Emergency Detention NO. ____________________ |
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DATE:_______________ TIME:_______________ |
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THE STATE OF TEXAS |
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FOR THE BEST INTEREST AND PROTECTION OF: |
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______________________________________ |
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NOTIFICATION OF EMERGENCY DETENTION |
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Now comes _____________________________, a licensed paramedic |
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employed by (name of employing entity) ___________________________ |
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and authorized by (name of medical director) _____________ to make |
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emergency detentions, and states as follows: |
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1. I have reason to believe and do believe that (name of person to |
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be detained) __________________________ evidences mental illness. |
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2. I have reason to believe and do believe that the above-named |
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person evidences a substantial risk of serious harm to |
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himself/herself or others based upon the following: |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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3. I have reason to believe and do believe that the above risk of |
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harm is imminent unless the above-named person is immediately |
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restrained. |
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4. My beliefs are based upon the following recent behavior, overt |
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acts, attempts, or threats observed by me or reliably reported to |
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me: |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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5. The names, addresses, and relationship to the above-named |
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person of those persons who reported or observed recent behavior, |
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acts, attempts, or threats of the above-named person are (if |
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applicable): |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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For the above reasons, I present this notification to seek |
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temporary admission to the (name of facility) |
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_________________________ inpatient mental health facility or |
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hospital facility for the detention of (name of person to be |
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detained) __________________________ on an emergency basis. |
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6. Was the person restrained in any way? Yes □ No □ |
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_____________________ |
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PARAMEDIC'S SIGNATURE |
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Address: _________________________ Zip Code: ____________________ |
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Telephone: ______________________ |
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A mental health facility or hospital emergency department may not |
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require a paramedic to execute any form other than this form as a |
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predicate to accepting for temporary admission a person detained by |
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a paramedic under Section 573.006, Health and Safety Code, and |
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transported by the paramedic under that section. |
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(e) A mental health facility or hospital emergency |
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department may not require a paramedic to execute any form other |
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than the form provided by Subsection (d) as a predicate to accepting |
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for temporary admission a person detained by a paramedic under |
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Section 573.006 and transported by the paramedic under that |
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section. |
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SECTION 3. Section 573.021(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A facility shall temporarily accept and detain a person |
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for whom: |
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(1) an application for detention is filed; |
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(2) [or for whom] a peace officer or emergency medical |
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services personnel of an emergency medical services provider |
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transporting the person in accordance with a memorandum of |
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understanding executed under Section 573.005 files a notification |
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of detention completed by the peace officer under Section |
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573.002(a); or |
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(3) a paramedic detaining and transporting the person |
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under Section 573.006 files a notification of detention under |
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Section 573.007. |
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SECTION 4. The changes in law made by this Act apply only to |
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an emergency detention that begins on or after the effective date of |
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this Act. An emergency detention that begins before the effective |
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date of this Act is governed by the law as it existed immediately |
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before that date, and that law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2025. |