Texas 2009 - 81st Regular

Texas Senate Bill SB2247 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R14111 YDB-F
2	2	By: Zaffirini S.B. No. 2247
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of pro re nata psychoactive medications in
8	8	certain residential health care facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 576, Health and Safety
11	11	Code, is amended by adding Section 576.0245 to read as follows:
12	12	Sec. 576.0245. ADMINISTRATION OF PSYCHOACTIVE MEDICATIONS.
13	13	(a) For each health and human services agency that regulates the
14	14	care or treatment of a resident at a facility as defined by Section
15	15	322.001, the executive commissioner of the Health and Human
16	16	Services Commission shall adopt rules to govern the administration
17	17	of pro re nata psychoactive medications.
18	18	(b) The rules must:
19	19	(1) prohibit a health care practitioner authorized
20	20	under the laws of this state to issue a prescription drug order from
21	21	prescribing to a resident of a facility a pro re nata psychoactive
22	22	medication administered by injection unless the drug is
23	23	administered in a psychiatric emergency or under a court order; and
24	24	(2) require the practitioner to document in the
25	25	resident's clinical record the use of psychoactive medication in a
26	26	psychiatric emergency using specific medical and behavioral terms.
27	27	(c) A nurse licensed in this state and employed by a
28	28	facility may not in an emergency administer psychoactive medication
29	29	by injection unless the nurse has attended the training required by
30	30	rule of the executive commissioner of the Health and Human Services
31	31	Commission. The training must address the criteria that must be met
32	32	to administer the medication in a psychiatric emergency.
33	33	(d) A person employed by a facility shall attend training on
34	34	a resident's consent to treatment and refusal of consent to
35	35	treatment as prescribed by rule of the executive commissioner of
36	36	the Health and Human Services Commission. The training must include
37	37	information to equip staff to be alert to behaviors signifying a
38	38	resident's refusal to consent to administration of medication and
39	39	information on effective intermediate measures to calm residents in
40	40	distress by the use of methods other than control and intervention.
41	41	SECTION 2. (a) Not later than January 1, 2010, the executive
42	42	commissioner of the Health and Human Services Commission shall
43	43	adopt the rules required by Section 576.0245, Health and Safety
44	44	Code, as added by this Act.
45	45	(b) A facility subject to Section 576.0245, Health and
46	46	Safety Code, as added by this Act, is not required to comply with
47	47	that section until January 1, 2010.
48	48	SECTION 3. This Act takes effect September 1, 2009.