bill letting paramedics detain people for a mental health exam

The text as introduced · 1,225 words

89R4058 MPF-D

By: Howard
H.B. No. 1656

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.