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HB21-1251

Appropriate Use Of Chemical Restraints On A Person

Concerning the appropriate use of a chemical restraint upon a person in a nonhospital setting.
Session:
2021 Regular Session
Subject:
Crimes, Corrections, & Enforcement
Bill Summary

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 nonhospital 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.


(Note: This summary applies to this bill as introduced.)

Status

Introduced
Under Consideration

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