BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF _________: 

Section 1. Purpose.  

An emergency measure that grants a peace or police officer who is an employee of the U.S. Department of Veterans Affairs the authority to apprehend and transport veterans to a screening or evaluation agency and apply for emergency admission evaluations. 

Section 2. Definitions. 

As used in this Act:

1. “Admitting officer” means a psychiatrist or other physician or psychiatric and mental health nurse practitioner with experience in performing psychiatric examinations who has been designated as an admitting officer of the evaluation agency by the person in charge of the evaluation agency.
2. “Danger to others” means that the judgment of a person who has a mental disorder is so impaired that the person is unable to understand the person’s need for treatment and as a result of the person’s mental disorder the person’s continued behavior can reasonably be expected, on the basis of competent medical opinion, to result in serious physical harm.
3. “Danger to self”:
   • (a) Means behavior that, as a result of a mental disorder: 
     1. Constitutes a danger of inflicting serious physical harm on oneself, including attempted suicide or the serious threat thereof, if the threat is such that, when considered in the light of its context and in light of the individual’s previous acts, it is substantially supportive of an expectation that the threat will be carried out. 
     2. Without hospitalization will result in serious physical harm or serious illness to the person. 
   • (b) Does not include behavior that establishes only the condition of having a grave disability. 
4. “Evaluation” means:
   • (a) A professional multidisciplinary analysis that may include firsthand observations or remote observations by interactive audiovisual media and that is based on data describing the person’s identity, biography and medical, psychological and social conditions carried out by a group of persons consisting of at least the following:
     • (1)  Two licensed physicians who are qualified psychiatrists, if possible, or at least experienced in psychiatric matters, who shall examine and report their findings independently.  The person against whom a petition has been filed shall be notified that the person may select one of the physicians. A psychiatric resident in a training program approved by the American medical association or by the American osteopathic association may examine the person in place of one of the psychiatrists if the resident is supervised in the examination and preparation of the affidavit and testimony in court by a qualified psychiatrist appointed to assist in the resident’s training, and if the supervising psychiatrist is available for discussion with the attorneys for all parties and for court appearance and testimony if requested by the court or any of the attorneys.
     • (2)  Two other individuals, one of whom, if available, is a psychologist and in any event a social worker familiar with mental health and human services that may be available placement alternatives appropriate for treatment. An evaluation may be conducted on an inpatient basis, an outpatient basis or a combination of both, and every reasonable attempt shall be made to conduct the evaluation in any language preferred by the person. 
   •  (b)  A physical examination that is consistent with the existing standards of care and that is performed by one of the evaluating physicians or by or under the supervision of a physician who is licensed pursuant to [State Medicine Chapter] or [State Osteopathic Physicians Chapter] or a registered nurse practitioner who is licensed pursuant to [State Nursing Chapter] if the results of that examination are reviewed or augmented by one of the evaluating physicians. 
5. “Evaluation agency” means either of the following:
   • (a)  A health care agency that is licensed by the [State Health Department] and that has been approved pursuant to [State Public Health and Safety Title] to provide the services required of that agency by [State Mental Health Services Chapter].
   • (b)  A facility that is exempt from licensure pursuant to section [State Health Care Institutions Chapter], that possesses an accreditation from either a national commission on correctional health care or an American correctional association and that has been approved pursuant to [State Public Health and Safety Title] to provide the services required of that facility by [State Mental Health Services Chapter]. 
6. “Grave disability” means a condition evidenced by behavior in which a person, as a result of a mental disorder, is likely to come to serious physical harm or serious illness because the person is unable to provide for the person’s own basic physical needs.
7. “Medical director of an evaluation agency” means a psychiatrist, or other licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency for the purposes of this chapter and may include the chief medical officer of the state hospital.
8. “Mental disorder” means a substantial disorder of the person’s emotional processes, thought, cognition or memory. Mental disorder is distinguished from:
   • (a)  Conditions that are primarily those of drug abuse, alcoholism or intellectual disability, unless, in addition to one or more of these conditions, the person has a mental disorder.
   • (b)  The declining mental abilities that directly accompany impending death.
   • (c)  Character and personality disorders characterized by lifelong and deeply ingrained antisocial behavior patterns, including sexual behaviors that are abnormal and prohibited by statute unless the behavior results from a mental disorder. 
9. “Patient” means any person who is undergoing examination, evaluation or behavioral or mental health treatment under this chapter.
10. “Peace officers” means sheriffs of counties, constables, marshals and policemen of cities and towns.
11. “Persistent or acute disability” means a severe mental disorder that meets all the following criteria:
    • (a)  Significantly impairs judgment, reason, behavior or capacity to recognize reality.
    • (b)  If not treated, has a substantial probability of causing the person to suffer or continue to suffer severe and abnormal mental, emotional or physical harm.
    • (c)  Substantially impairs the person’s capacity to make an informed decision regarding treatment, and this impairment causes the person to be incapable of understanding and expressing an understanding of the advantages and disadvantages of accepting treatment and understanding and expressing an understanding of the alternatives to the particular treatment offered after the advantages, disadvantages and alternatives are explained to that person.
    • (d)  Has a reasonable prospect of being treatable by outpatient, inpatient or combined inpatient and outpatient treatment. 
12. “Prepetition screening” means the review of each application requesting court-ordered evaluation, including an investigation of facts alleged in the application, an interview with each applicant and an interview, if possible, with the proposed patient. The purpose of the interview with the proposed patient is to assess the problem, explain the application and, when indicated, attempt to persuade the proposed patient to receive, on a voluntary basis, evaluation or other services.
13. “Prescribed form” means a form established by a court or the rules of the administration in accordance with the laws of this state.
14. “Professional” means a physician who is licensed pursuant to [State Medicine Chapter] or [State Osteopathic Physicians Chapter], a psychologist who is licensed pursuant to [State Psychologists Chapter] or a psychiatric and mental health nurse practitioner who is certified pursuant to [State Nursing Chapter].
15. “Screening agency” means a health care agency that is licensed by the [State Health Department] and that provides those services required of the agency by [State Mental Health Chapter].
16. “Veteran of the United States Armed Forces” refers to a person who swore an oath and entered any branch of the Armed Forces, including the National Guard or Reserve, and is either, (1) currently serving in such branch and has not been discharged, or (2) was discharged or released from such service under any characterization. 
17. “Voluntary evaluation” means the ongoing collection and analysis of a person’s medical, psychological, psychiatric and social conditions in order to initially determine if a health disorder exists and if there is a need for behavioral health services and, on an ongoing basis, to ensure that the person’s service plan is designed to meet the person’s and the person’s family’s current needs and long-term goals.

Section 3. Application for Emergency Admission for Evaluation; Requirements; Immunity. 

1. A written application for emergency admission shall be made to an evaluation agency before a person may be hospitalized in the agency.
2. The application for emergency admission shall be made by a person with knowledge of the facts requiring emergency admission. The applicant may be a relative or friend of the person, a peace officer, the admitting officer or another responsible person.
3. The application shall be made on a prescribed form and shall include the following:
   • (a)  A statement by the applicant that the applicant believes that the person, as a result of a mental disorder, is a danger to self or others, has a persistent or acute disability or a grave disability and is unable or unwilling to undergo voluntary evaluation and that during the time necessary to complete the prepetition screening procedures set forth in sections [State Mental Health Chapter] the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or is likely to inflict serious physical harm on another person.
   • (b)  The specific nature of the harm or illness the person is likely to suffer or inflict without immediate hospitalization.
   • (c)  A summary of the facts that support the statements made by the applicant, including the observations of persons who witnessed the events described in the statements or the behaviors of the person who is the subject of the application.
   • (d)  The signature of the applicant. 

4. A telephonic application may be made not more than twenty-four hours before a written application. A telephonic application shall be made by a peace officer or a police officer who is an employee of the United States Department of Veterans Affairs or in the presence of a peace officer unless the application is made by a health care professional who is licensed pursuant to [State Medicine Chapter], [State Nursing Chapter], [State Osteopathic Physicians Chapter] or [State Psychologists Chapter] and who is directly involved with the care of a patient who is in a health care institution licensed in this state. For an application made by a peace officer, a police officer who is an employee of the United States Department of Veterans Affairs or a health care professional who is licensed pursuant to [State Medicine Chapter], [State Nursing Chapter], [State Osteopathic Physicians Chapter] or [State Psychologists Chapter], a copy of the application that contains the applicant’s original signature is acceptable, does not have to be notarized and may be submitted as the written application.
5. If the person to be admitted is not already present at the evaluation agency and if the admitting officer, based on a review of the written or telephonic application and conversation with the applicant and a peace officer or a police officer who is an employee of the United States Department of Veterans Affairs, has reasonable cause to believe that an emergency examination is necessary, the admitting officer may advise the peace officer or the police officer who is an employee of the United States Department of Veterans Affairs that sufficient grounds exist to take the person into custody and to transport the person to the evaluation agency. The peace officer or the police officer who is an employee of the United States Department of Veterans Affairs, on the request of the admitting officer of the evaluation agency pursuant to this subsection, shall apprehend and transport the person to the evaluation agency. The admitting officer shall not be held civilly liable for any acts committed by a person whom the admitting officer did not advise to be taken into custody if the admitting officer has in good faith followed the requirements of this section.
6. If the application for emergency admission is denied, the application shall be retained by the evaluation agency together with a written statement by the medical director of the evaluation agency or the director’s designee stating the specific reasons why the application was denied.

Section 4. Apprehension and Transportation by Peace and Police Officers; Immunity.  

1. If the procedures set forth in section 3 are not available, a peace officer may take into custody any individual the peace officer has probable cause to believe is, as a result of mental disorder, a danger to self or others, and if during the time necessary to complete the prepetition screening procedures set forth in [State Mental Health Chapter] the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or to inflict serious physical harm on another person. The peace officer shall transport the person to a screening agency unless the person’s condition or the agency’s location or hours makes such transportation impractical, in which event the person shall be transported to an evaluation agency. A peace officer is not held civilly liable for any acts committed by a person whom the peace officer has not taken into custody pursuant to this section.
2. A police officer who is an employee of the United States Department of Veterans Affairs may take into custody and transport to a screening agency or an evaluation agency, as applicable, a person who is a veteran of the United States Armed Forces, consistent with subsection 1 of this section.
3. If apprehension takes place on or about the premises of the apprehended person, the peace officer or the police officer who is an employee of the United States Department of Veterans Affairs shall take reasonable precautions to safeguard the premises and the property on the premises, unless the property and premises are in the possession of a responsible relative or guardian.
4. A peace officer or a police officer who is an employee of the United States Department of Veterans Affairs who makes a good faith effort to follow the requirements of this section is not subject to civil liability.

Section 5. Emergency.  

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.