Texas 2009 - 81st Regular

Texas House Bill HB2402 Compare Versions

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1	1	81R11443 CS-D
2	2	By: Chavez H.B. No. 2402
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right of a resident in a nursing home or related
8	8	institution to bring an action in court.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 242.501(a), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(a) The department by rule shall adopt a statement of the
13	13	rights of a resident. The statement must be consistent with Chapter
14	14	102, Human Resources Code, but shall reflect the unique
15	15	circumstances of a resident at an institution. At a minimum, the
16	16	statement of the rights of a resident must address the resident's
17	17	constitutional, civil, and legal rights and the resident's right:
18	18	(1) to be free from abuse and exploitation;
19	19	(2) to safe, decent, and clean conditions;
20	20	(3) to be treated with courtesy, consideration, and
21	21	respect;
22	22	(4) to not be subjected to discrimination based on
23	23	age, race, religion, sex, nationality, or disability and to
24	24	practice the resident's own religious beliefs;
25	25	(5) to place in the resident's room an electronic
26	26	monitoring device that is owned and operated by the resident or
27	27	provided by the resident's guardian or legal representative;
28	28	(6) to privacy, including privacy during visits and
29	29	telephone calls;
30	30	(7) to complain about the institution and to organize
31	31	or participate in any program that presents residents' concerns to
32	32	the administrator of the institution;
33	33	(8) to retain an attorney and bring a suit in a court;
34	34	(9) to have information about the resident in the
35	35	possession of the institution maintained as confidential;
36	36	(10) [(9)] to retain the services of a physician the
37	37	resident chooses, at the resident's own expense or through a health
38	38	care plan, and to have a physician explain to the resident, in
39	39	language that the resident understands, the resident's complete
40	40	medical condition, the recommended treatment, and the expected
41	41	results of the treatment, including reasonably expected effects,
42	42	side effects, and risks associated with psychoactive medications;
43	43	(11) [(10)] to participate in developing a plan of
44	44	care, to refuse treatment, and to refuse to participate in
45	45	experimental research;
46	46	(12) [(11)] to a written statement or admission
47	47	agreement describing the services provided by the institution and
48	48	the related charges;
49	49	(13) [(12)] to manage the resident's own finances or
50	50	to delegate that responsibility to another person;
51	51	(14) [(13)] to access money and property that the
52	52	resident has deposited with the institution and to an accounting of
53	53	the resident's money and property that are deposited with the
54	54	institution and of all financial transactions made with or on
55	55	behalf of the resident;
56	56	(15) [(14)] to keep and use personal property, secure
57	57	from theft or loss;
58	58	(16) [(15)] to not be relocated within the
59	59	institution, except in accordance with standards adopted by the
60	60	department under Section 242.403;
61	61	(17) [(16)] to receive visitors;
62	62	(18) [(17)] to receive unopened mail and to receive
63	63	assistance in reading or writing correspondence;
64	64	(19) [(18)] to participate in activities inside and
65	65	outside the institution;
66	66	(20) [(19)] to wear the resident's own clothes;
67	67	(21) [(20)] to discharge himself or herself from the
68	68	institution unless the resident is an adjudicated mental
69	69	incompetent;
70	70	(22) [(21)] to not be discharged from the institution
71	71	except as provided in the standards adopted by the department under
72	72	Section 242.403;
73	73	(23) [(22)] to be free from any physical or chemical
74	74	restraints imposed for the purposes of discipline or convenience,
75	75	and not required to treat the resident's medical symptoms; and
76	76	(24) [(23)] to receive information about prescribed
77	77	psychoactive medication from the person prescribing the medication
78	78	or that person's designee, to have any psychoactive medications
79	79	prescribed and administered in a responsible manner, as mandated by
80	80	Section 242.505, and to refuse to consent to the prescription of
81	81	psychoactive medications.
82	82	SECTION 2. Not later than January 1, 2010, the executive
83	83	commissioner of the Health and Human Services Commission shall by
84	84	rule adopt a revised statement of the rights of a resident as
85	85	required by Section 242.501, Health and Safety Code, as amended by
86	86	this Act.
87	87	SECTION 3. This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2009.