Bill Text: TX HB2711 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to transportation of an individual with a mental illness by emergency medical services personnel.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-04-06 - Left pending in committee [HB2711 Detail]

Download: Texas-2015-HB2711-Introduced.html
  84R8961 SCL-D
 
  By: Riddle H.B. No. 2711
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to transportation of an individual with a mental illness
  by emergency medical services personnel.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter A, Chapter 573, Health
  and Safety Code, is amended to read as follows:
  SUBCHAPTER A. APPREHENSION BY PEACE OFFICER OR TRANSPORTATION FOR
  EMERGENCY DETENTION BY GUARDIAN OR EMERGENCY MEDICAL SERVICES
  PERSONNEL
         SECTION 2.  Subchapter A, Chapter 573, Health and Safety
  Code, is amended by adding Sections 573.0035 and 573.005 to read as
  follows:
         Sec. 573.0035.  TRANSPORTATION FOR EMERGENCY DETENTION BY
  EMERGENCY MEDICAL SERVICES PERSONNEL. (a) In this section,
  "emergency medical care," "emergency medical services personnel,"
  and "trauma services" have the meanings assigned by Section
  773.003.
         (b)  Except as provided by Subsection (d), emergency medical
  services personnel, without the assistance of a peace officer, may
  transport a person directly to an inpatient mental health facility
  for a preliminary examination in accordance with Section 573.021 if
  the emergency medical services personnel have reason to believe and
  do believe that:
               (1)  the person is mentally ill; and
               (2)  because of that mental illness, there is a
  substantial risk of serious harm to the person or to others unless
  the person is immediately restrained.
         (c)  A substantial risk of serious harm to the person or
  others under Subsection (b)(2) 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.
         (d)  Emergency medical services personnel may not transport
  a person directly to an inpatient mental health facility if the
  person requires emergency medical care or trauma services.
         Sec. 573.005.  EMERGENCY MEDICAL SERVICES PERSONNEL'S
  APPLICATION FOR EMERGENCY DETENTION. (a) In this section,
  "emergency medical services personnel" has the meaning assigned by
  Section 773.003.
         (b)  After transporting a person to a facility under Section
  573.0035, emergency medical services personnel shall immediately
  file an application for detention with the facility.
         (c)  The application for detention must contain:
               (1)  a statement that the emergency medical services
  personnel have reason to believe and do believe that the person
  evidences mental illness;
               (2)  a statement that the emergency medical services
  personnel have reason to believe and do 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 emergency medical services
  personnel have reason to believe and do believe that the risk of
  harm is imminent unless the person is immediately restrained;
               (5)  a statement that the emergency medical services
  personnel's beliefs are derived from specific recent behavior,
  overt acts, attempts, or threats that were observed by the
  emergency medical services personnel; and
               (6)  a detailed description of the specific behavior,
  acts, attempts, or threats.
         SECTION 3.  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, 2015.
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