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HB21-1251: Appropriate Use Of Chemical Restraints On A Person

Bill Number: HB21-1251
Year: 2021
ACLU Position: Support
Sponsors: L. Herod/Y. Caraveo/R. Fields/J. Gonzales

Description:

The bill requires an agency that uses a chemical restraint to ensure that a person administering ketamine, haloperidol, or any other medication that is severely dependent on the weight of an individual or may result in a severe or adverse reaction with improper dosage in a non-hospital setting does so when staff trained in the administration of such medication can monitor the vital signs of the individual and weigh the individual to ensure accurate dosage.

Absent a justifiable emergency, a person shall not administer a
chemical restraint in a nonhospital setting to subdue, sedate, or
chemically incapacitate an individual for alleged or suspected criminal,
delinquent, or suspicious conduct.

The bill prohibits a peace officer from using, requesting, causing,
directing, or influencing the use of a chemical restraint upon another
person.

The bill prohibits a peace officer from compelling, requesting,
causing, directing, or influencing an emergency medical service provider
(EMS provider) to administer a chemical restraint. An EMS provider
shall confidentially report a peace officer’s violation to the P.O.S.T. board
within 10 days of the occurrence, and a peace officer shall not retaliate in
any way against an EMS provider for reporting the incident. A peace
officer shall not influence an EMS provider’s medical decision or
diagnosis, and an EMS provider shall not base its medical decision
exclusively on information provided by a peace officer.
When a peace officer directs a person to assist the peace officer,
the person is prohibited from administering a chemical restraint.

The bill requires a peace officer who witnesses another peace
officer use a chemical restraint in pursuance of the peace officer’s duties
to report such use to the P.O.S.T. board. The report must be in writing
and made within 10 days of the occurrence of the use of a chemical
restraint. Any peace officer who fails to report use of a chemical restraint
commits a class 1 misdemeanor.

The bill requires a peace officer to intervene, without regard for
chain of command, to prevent or stop another peace officer from using a
chemical restraint in pursuance of the other peace officer’s duties. A
peace officer who intervenes shall report the intervention to the peace
officer’s immediate supervisor. A member of a law enforcement agency
shall not discipline or retaliate in any way against a peace officer for
intervening. Any peace officer who fails to intervene commits a class 1
misdemeanor, and the officer’s certification is subject to revocation.

The bill changes the structure of the emergency medical practice
advisory council (advisory council) by adding an EMS provider certified
or licensed at an advanced life support level, an anesthesiologist, a
registered nurse or physician’s assistant certified or licensed at a basic life
support level, a clinical pharmacist, and a clinical psychiatrist. Members
of the advisory council shall not have any conflicts of interest, and no
more than 5 members of the advisory council may be members of, or have
a direct affiliation with, the National Association of EMS Physicians.

The bill requires the advisory council to submit a report to the
general assembly any time the advisory council advises or recommends
authorizing the administration of any chemical restraints.


Current Status:

House Third Reading Passed - No Amendments (05/14/2021)
Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass (06/04/2021)



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