By: Wentworth S.B. No. 1663
(In the Senate - Filed March 10, 2009; March 20, 2009, read
first time and referred to Committee on Health and Human Services;
April 24, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 24, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1663 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to the disregard or violation of a resident's advance
directive by a nursing institution; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 242.061, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) The department, after providing notice and
opportunity for a hearing to a license holder, shall suspend or
revoke a license if the department finds that the license holder has
been assessed three or more administrative penalties for violating
Section 242.0663(a)(2).
SECTION 2. Section 242.0663, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) The department shall assess an administrative penalty
under this subchapter against an institution that:
(1) violates Section 166.004; or
(2) employs or has on staff a health care practitioner
who knowingly disregards or violates a resident's advance directive
if the institution has included a statement in its written policies
maintained under Section 166.004 that the institution will follow a
resident's advance directive.
(d) An action by a person, including an owner or employee of
an institution, to knowingly disregard or violate a resident's
advance directive in violation of a written policy maintained under
Section 166.004 constitutes abuse and neglect of the resident for
purposes of this chapter.
SECTION 3. Section 242.122, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) For purposes of this section, "abuse and neglect"
includes knowingly disregarding or violating a resident's advance
directive in violation of a written policy maintained under Section
166.004.
SECTION 4. This Act takes effect September 1, 2009.
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