EMS as MHO's?

[Guest guest]

Are y'all ready to be MHO's? Look at the second section of this law:

By: of H.B. No. 405

A BILL TO BE ENTITLED

1-1

AN ACT

1-2 relating to emergency apprehension and detention of a person

1-3 believed to have a mental illness.

1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-5 SECTION 1. Section 573.001, Health and Safety Code, is

1-6 amended by adding Subsections (g) and (h) to read as follows:

1-7 (g) A [Previous Hit] peace [Next Hit] [Previous Hit]

officer [Next Hit] shall take a person into custody and

1-8 transport that person as provided by Subsection (d) if a physician

1-9 represents to the officer that:

1-10 (1) the physician examined the person during the

1-11 preceding 24 hours; and

1-12 (2) based on the examination, the physician

concludes

1-13 that the person is mentally ill and that, as demonstrated by the

1-14 person's behavior or by evidence of severe emotional distress and

1-15 deterioration in the person's mental condition, because of that

1-16 mental illness there is a substantial risk of serious harm to the

1-17 person or to others unless the person is immediately restrained.

1-18 (h) A physician shall provide to the [Previous Hit]

peace [Next Hit] [Previous Hit] officer [Next Hit] the

1-19 physician's specific description of the risk of harm and a

detailed

1-20 description of the specific relevant behavior, acts, attempts, or

1-21 threats by the person to be transported.

1-22 SECTION 2. Subchapter A, Chapter 573, Health and Safety

1-23 Code, is amended by adding Section 573.005 to read as follows:

1-24 Sec. 573.005. TRANSPORTATION AND APPLICATION FOR EMERGENCY

2-1 DETENTION BY PHYSICIAN. (a) A physician without the assistance of

2-2 a [Previous Hit] peace [Next Hit] [Previous Hit] officer [Next

Hit] may transport or order the transportation of a

2-3 person to an inpatient mental health facility for a preliminary

2-4 examination in accordance with Section 573.021 if:

2-5 (1) the physician examined the person during the

2-6 preceding 24 hours; and

2-7 (2) based on the examination, the physician concludes

2-8 that the person is mentally ill and that, as demonstrated by the

2-9 person's behavior or by evidence of severe emotional distress and

2-10 deterioration in the person's mental condition, because of that

2-11 mental illness there is a substantial risk of serious harm to the

2-12 person or to others unless the person is immediately restrained.

2-13 ( After transporting or ordering the transportation of a

2-14 person to a facility under this section, the physician immediately

2-15 shall file an application for detention with the facility.

2-16 © The application for detention must contain a statement

2-17 that:

2-18 (1) the physician examined the person during the

2-19 preceding 24 hours;

2-20 (2) based on the examination, the physician

concludes

2-21 that the person is mentally ill and that, as demonstrated by the

2-22 person's behavior or by evidence of severe emotional distress and

2-23 deterioration in the person's mental condition, because of that

2-24 mental illness there is a substantial risk of serious harm to the

2-25 person or to others unless the person is immediately restrained;

2-26 and

2-27 (3) provides a specific description of the risk of

3-1 harm and a detailed description of the specific relevant behavior,

3-2 acts, attempts, or threats by the person to be detained.

3-3 SECTION 3. This Act takes effect immediately if it receives

3-4 a vote of two-thirds of all the members elected to each house, as

3-5 provided by Section 39, Article III, Texas Constitution. If this

3-6 Act does not receive the vote necessary for immediate effect, this

3-7 Act takes effect September 1, 2007