Texas 2011 - 82nd Regular

Texas Senate Bill SB47 Compare Versions

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1	1	By: Zaffirini S.B. No. 47
2	2	(In the Senate - Filed November 8, 2010; January 31, 2011,
3	3	read first time and referred to Committee on Health and Human
4	4	Services; April 11, 2011, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 8, Nays 0;
6	6	April 11, 2011, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 47 By: Uresti
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the pro re nata administration of psychoactive
13	13	medications in certain residential health care facilities.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter B, Chapter 576, Health and Safety
16	16	Code, is amended by adding Section 576.0245 to read as follows:
17	17	Sec. 576.0245. ADMINISTRATION OF PSYCHOACTIVE MEDICATIONS.
18	18	(a) In this section, "facility" has the meaning assigned by
19	19	Section 322.001.
20	20	(b) For each health and human services agency that regulates
21	21	the care or treatment of a resident at a facility, the executive
22	22	commissioner of the Health and Human Services Commission shall
23	23	adopt rules to govern the pro re nata administration of
24	24	psychoactive medications to facility residents.
25	25	(c) The rules must:
26	26	(1) prohibit a health care practitioner authorized
27	27	under the laws of this state to issue a prescription drug order from
28	28	prescribing to a facility resident a standing psychoactive
29	29	medication order to be administered pro re nata by injection;
30	30	(2) allow for the use of a psychoactive medication to
31	31	be administered by injection:
32	32	(A) in a psychiatric emergency;
33	33	(B) under a court order; or
34	34	(C) on a per request basis by a facility
35	35	resident, subject to Subsection (e);
36	36	(3) require a practitioner who administers
37	37	psychoactive medication in a psychiatric emergency to document in
38	38	the resident's clinical record the administration using specific
39	39	medical and behavioral terms;
40	40	(4) require a nurse licensed in this state and
41	41	employed by a facility to attend, before administering psychoactive
42	42	medication by injection in a psychiatric emergency, training on the
43	43	criteria that must be met to administer pro re nata psychoactive
44	44	medication in a psychiatric emergency; and
45	45	(5) require a person employed by a facility to attend
46	46	training on a resident's consent to treatment and refusal of
47	47	consent to treatment that includes:
48	48	(A) information to instruct staff on
49	49	identification of behaviors signifying a resident's refusal to
50	50	consent to administration of medication; and
51	51	(B) information on effective intermediate
52	52	measures to calm residents in distress by the use of methods other
53	53	than control and intervention.
54	54	(d) A nurse licensed in this state and employed by a
55	55	facility may not in a psychiatric emergency administer psychoactive
56	56	medication by injection unless the nurse has attended the training
57	57	required under Subsection (c)(4).
58	58	(e) Before a psychoactive medication is administered by
59	59	injection on request by a facility resident, the facility must
60	60	first obtain from the resident a signed consent for the specific
61	61	administration of the medication by injection. A health care
62	62	practitioner authorized under the laws of this state to issue the
63	63	prescription drug order may issue a prescription drug order that
64	64	authorizes psychoactive medication to be administered by injection
65	65	on request of a facility resident only if the order is limited to a
66	66	single administration of the medication at the resident's request.
67	67	SECTION 2. (a) Not later than January 1, 2012, the
68	68	executive commissioner of the Health and Human Services Commission
69	69	shall adopt the rules required by Section 576.0245, Health and
70	70	Safety Code, as added by this Act.
71	71	(b) A health care practitioner subject to Section 576.0245,
72	72	Health and Safety Code, as added by this Act, is not required to
73	73	comply with that section until January 1, 2012.
74	74	SECTION 3. This Act takes effect September 1, 2011.
75	75	* * * * *