Starting after December 31, 2029, police officers generally may not transport a person from a hospital emergency department or locked behavioral health unit to another facility, and authorized transporters must handle these apprehensions and transports instead, with exceptions.
Official title: transportation; mental health; patients
- Takes effect after December 31, 2029
An automatic check couldn't match part of this summary to the law's text.
The text of the law is the only authority. What this label means
What changes
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NowA peace officer may not transport a person from a hospital emergency department or a locked unit of a behavioral health facility to another health care institution, an evaluation agency or a mental health treatment agency, unless an exception applies.
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NowException: a peace officer may do the transport if the person is incarcerated.
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NowException: a peace officer may do the transport if a court, a person, an evaluation agency or a mental health treatment agency has reasonable grounds to believe the patient or proposed patient cannot be safely apprehended (taken into custody) without a peace officer's help.
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NowException: a peace officer may do the transport if anyone requests a peace officer by calling 911 or a similar emergency number and needs emergency assistance.
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NowExcept in those situations, an authorized transporter must conduct any apprehension and transport of a patient or proposed patient.
Who it affects
- Mental health patients and proposed patients being moved from emergency departments or locked behavioral health units
- Hospitals and behavioral health facilities
- Evaluation agencies and mental health treatment agencies
- Authorized transporters
- Peace officers and law enforcement agencies
- Courts
What you need to do
Nothing.
What the law doesn't answer
- What an "authorized transporter" is or who qualifies as one
- Who pays for transport by an authorized transporter
- Whether any training, licensing or availability requirements apply to authorized transporters
- What happens if no authorized transporter is available
- How transports are handled before the law takes effect
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.