HB5463 - Relating to emergency detention of certain persons evidencing mental illness and to court-ordered inpatient and extended mental health services.

  89R5562 EAS-D     By: Moody H.B. No. 5463       A BILL TO BE ENTITLED   AN ACT   relating to emergency detention of certain persons evidencing   mental illness and to court-ordered inpatient and extended mental   health services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 573.001(b), Health and Safety Code, is   amended to read as follows:          (b)  A substantial risk of serious harm to the person or   others under Subsection (a)(1)(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 , including the   person's inability to recognize symptoms or appreciate the risks   and benefits of treatment, to the extent that the person cannot   remain at liberty.          SECTION 2.  The heading to Section 573.002, Health and   Safety Code, is amended to read as follows:          Sec. 573.002.  PEACE OFFICER'S NOTIFICATION OF EMERGENCY     DETENTION.          SECTION 3.  Section 573.002, Health and Safety Code, is   amended by amending Subsections (a), (b), (c), and (d) and adding   Subsection (f) to read as follows:          (a)  A peace officer shall immediately file with a facility a   notification of emergency  detention after transporting a person to   that facility in accordance with Section 573.001.  Emergency   medical services personnel of an emergency medical services   provider who transport a person to a facility at the request of a   peace officer made in accordance with a memorandum of understanding   executed under Section 573.005 shall immediately file with the   facility the notification of emergency  detention completed by the   peace officer who made the request.          (b)  The notification of emergency detention must contain:                (1)  a statement that the officer has reason to believe   and does believe that the person evidences mental illness;                (2)  a statement that the officer 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 officer has reason to   believe and does believe that the risk of harm is imminent unless   the person is immediately restrained;                 (4)  [ (5) ]  a statement that the officer's beliefs are   derived from specific recent behavior, overt acts, attempts, or   threats that were observed by or reliably reported to the officer;                 (5)  [ (6) ]  a detailed description of the specific   behavior, acts, attempts, or threats; and                 (6)  [ (7) ]  the name and relationship to the apprehended   person of any person who reported or observed the behavior, acts,   attempts, or threats.          (c)  The facility where the person is detained shall include   in the detained person's clinical file the notification of   emergency detention described by this section.          (d)  The peace officer shall provide the notification of   emergency  detention in substantially  [ on ] the following form:   Notification--Emergency Detention        NO. ____________________   DATE:_______________ TIME:_______________   THE STATE OF TEXAS   FOR THE BEST INTEREST AND PROTECTION OF:   ______________________________________   DOB: _____________ RACE: ______________ GENDER: _______________ _____________ RACE: ______________ GENDER: _______________   PHONE NUMBER: ______________ ADDRESS: ________________________ ______________ ADDRESS: ________________________   NOTIFICATION OF EMERGENCY DETENTION   Now comes _____________________________, a peace officer with   (name of agency) _____________________________, of the State of   Texas, 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 on the person's behavior or   evidence the person is experiencing severe emotional distress and   deterioration to the extent the person cannot remain at liberty;   and [ 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.   1.  [ 4. ]  My above-stated  beliefs are based upon the following   recent behavior , severe emotional distress and deterioration ,   overt acts, attempts, statements, or threats observed by me or   reliably reported to me (may use attachments to report additional   information) :   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   2.  [ 5. ]  The names, addresses, phone numbers,  and relationship to   the above-named person of those persons who reported or observed   recent behavior, acts, attempts, statements, or threats of the   above-named person are (if applicable):   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   ADULT 65 YEARS OF AGE OR OLDER?     □   YES □   NO If yes,     □   YES □   NO If yes,   age:   ___________   CHILD 17 YEARS OF AGE OR YOUNGER?     □   YES □   NO If yes,     □   YES □   NO If yes,   age:   ___________   FOR A CHILD 17 YEARS OF AGE OR YOUNGER (if yes):   My belief the child is at risk of imminent serious harm unless   immediately removed from the parents' custody is based on the   above-stated facts showing the parents or guardians are presently   unable to protect the child from imminent serious harm.       I provided notice to the child's parents or guardians of my   intention to file this notification.       I was not able to provide notice to the child's parents or   guardians of my intention to file this notification because:   ________________________________________________________________   ________________________________________________________________   Parent/Guardian Contact Information: ____________________________   ________________________________________________________________   USE OF RESTRAINT   Was the person physically restrained in any way?     Yes   □ No   □   If yes, reason for physical restraint?     □   Officer Safety     Person's Safety □   Other ____________________   CALL ORIGINATED AT:     Public Area □   Residence □   School/University     Group Home □   Hospital     Other________________________________________   OBSERVATIONS/HISTORY   If YES to any question below, provide additional information:   YES NO UNKNOWN NOTES   Harm to self   or stating an   intention to   harm self?   Previous   attempt to   commit   suicide?   Harm to   others or   stating an   intention to   harm others?   Previous   serious harm   or injury to   others?   Previous   psychiatric   hospital   treatment?   Reported   mental health   diagnosis?   Prescribed   psychiatric   medications?   Current   psychiatric   medications   taken?   Sleeping   difficulty?   Substance use   disorder?   FIREARMS/WEAPONS   If YES to any question below, provide additional information:   YES NO UNKNOWN NOTES   Possession of     firearm at     time of     contact?     If yes, was     firearm     seized in     accordance     with Article     18.191, Code     of Criminal     Procedure?     TRANSPORTED TO:     Hospital/Emergency Room □   Mental Health Facility     Other   _______________________   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 □ ]   PEACE OFFICER'S PRINTED NAME: ___________________________________   BADGE NO. _____________________   PEACE OFFICER'S SIGNATURE _______________________________________   Address: _________________________ Zip Code: ____________________   Telephone: ______________________   [ _________________________ ]   SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable)   _________________________ PRINTED NAME OF PERSONNEL: _____________   Address: _________________________ Zip Code: ____________________   Telephone: ______________________          A mental health facility or hospital emergency department may   not require a peace officer or emergency medical services personnel   to execute any form other than this form as a predicate to accepting   for temporary admission a person detained by a peace officer under   Section 573.001, Health and Safety Code[ , and transported by the   officer under that section or by emergency medical services   personnel of an emergency medical services provider at the request   of the officer made in accordance with a memorandum of   understanding executed under Section 573.005, Health and Safety   Code ].           (f)     A peace officer who transports an apprehended person to   a facility under Section 573.001(d)(1) or emergency medical   services personnel of an emergency medical services provider who   transports a person to a facility under Section 573.001(d)(2):                 (1)     is not required to remain at the facility while the   apprehended person is medically screened or treated or while the   person's insurance coverage is verified; and                 (2)  may leave the facility immediately after:                       (A)     the person is taken into custody by   appropriate facility staff; and                       (B)     the notification of emergency detention   required by this section is provided to the facility.          SECTION 4.  Section 573.003(b), Health and Safety Code, is   amended to read as follows:          (b)  A substantial risk of serious harm to the ward or others   under Subsection (a)(2) may be demonstrated by:                (1)  the ward's behavior; or                (2)  evidence of severe emotional distress and   deterioration in the ward's mental condition , including the ward's   inability to recognize symptoms or appreciate the risks and   benefits of treatment, to the extent that the ward cannot remain at   liberty.          SECTION 5.  Section 573.012(c), Health and Safety Code, is   amended to read as follows:          (c)  A substantial risk of serious harm to the person or   others under Subsection (b)(2) may be demonstrated by:                (1)&#xA0 [Text truncated for display. 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