Tex. Health & Safety Code § 573.002

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 573.002 - Peace Officer's Notification of Detention

(a) A peace officer shall immediately file with a facility a notification of 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 detention completed by the peace officer who made the request.

(b) The notification of 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;

(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;

(6) a detailed description of the specific behavior, acts, attempts, or threats; and

(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 detention described by this section.

(d) The peace officer 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 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 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, statements, 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, statements, 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 []

_________________________ BADGE NO. _____________________

PEACE OFFICER'S SIGNATURE

Address: _________________________ Zip Code: ____________________

Telephone: ______________________

_________________________

SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable)

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.

(e) 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 the form provided by Subsection (d) as a predicate to accepting for temporary admission a person detained by a peace officer under Section 573.001 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.

Tex. Health and Safety Code § 573.002

Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 541,Sec. 3, eff. 6/9/2017.

Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 318,Sec. 2, eff. 9/1/2013.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. 9/1/1991.