Texas 2011 - 82nd Regular

Texas Senate Bill SB41 Compare Versions

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1	1	By: Zaffirini S.B. No. 41
2	2	(J. Davis of Harris)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of restraints in state supported living
8	8	centers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 592, Health and Safety Code, is amended
11	11	by adding Subchapter E to read as follows:
12	12	SUBCHAPTER E. USE OF RESTRAINTS IN STATE SUPPORTED LIVING CENTERS
13	13	Sec. 592.101. DEFINITION. In this subchapter, "executive
14	14	commissioner" means the executive commissioner of the Health and
15	15	Human Services Commission.
16	16	Sec. 592.102. USE OF RESTRAINTS. (a) The executive
17	17	commissioner shall adopt rules to ensure that:
18	18	(1) a mechanical or physical restraint is not
19	19	administered to a resident of a state supported living center
20	20	unless the restraint is:
21	21	(A) necessary to prevent imminent physical
22	22	injury to the resident or another; and
23	23	(B) the least restrictive restraint effective to
24	24	prevent imminent physical injury;
25	25	(2) the administration of a mechanical or physical
26	26	restraint to a resident of a state supported living center ends
27	27	immediately once the imminent risk of physical injury abates; and
28	28	(3) a mechanical or physical restraint is not
29	29	administered to a resident of a state supported living center as
30	30	punishment or as part of a behavior plan.
31	31	(b) The executive commissioner shall adopt rules to
32	32	prohibit the use of prone and supine holds on a resident of a state
33	33	supported living center except as transitional holds.
34	34	Sec. 592.103. STANDING ORDERS FOR RESTRAINTS PROHIBITED.
35	35	(a) A person may not issue a standing order to administer on an
36	36	as-needed basis mechanical or physical restraints to a resident of
37	37	a state supported living center.
38	38	(b) A person may not administer mechanical or physical
39	39	restraints to a resident of a state supported living center
40	40	pursuant to a standing order to administer restraints on an
41	41	as-needed basis.
42	42	Sec. 592.104. STRAITJACKETS PROHIBITED. A person may not
43	43	use a straitjacket to restrain a resident of a state supported
44	44	living center.
45	45	Sec. 592.105. DUTY TO REPORT. A state supported living
46	46	center shall report to the executive commissioner each incident in
47	47	which a physical or mechanical restraint is administered to a
48	48	resident of a state supported living center. The report must
49	49	contain information and be in the form required by rules of the
50	50	executive commissioner.
51	51	Sec. 592.106. CONFLICT WITH OTHER LAW. To the extent of a
52	52	conflict between this subchapter and Chapter 322, this subchapter
53	53	controls.
54	54	SECTION 2. Not later than January 1, 2012, the executive
55	55	commissioner of the Health and Human Services Commission shall
56	56	adopt rules required under Sections 592.102 and 592.105, Health and
57	57	Safety Code, as added by this Act.
58	58	SECTION 3. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect September 1, 2011.