| 1 | 1 | | By: Nevarez (Senate Sponsor - Uresti) H.B. No. 908 |
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| 2 | 2 | | (In the Senate - Received from the House April 22, 2013; |
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| 3 | 3 | | April 24, 2013, read first time and referred to Committee on Health |
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| 4 | 4 | | and Human Services; May 13, 2013, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 8, Nays 0; May 13, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the assessment of an elderly or disabled person's |
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| 11 | 11 | | psychological status for purposes of an emergency order authorizing |
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| 12 | 12 | | protective services. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 48.208(c-3), Human Resources Code, is |
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| 15 | 15 | | amended to read as follows: |
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| 16 | 16 | | (c-3) An assessment of the elderly or disabled person's |
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| 17 | 17 | | psychological status must be performed by a licensed professional |
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| 18 | 18 | | counselor, licensed psychologist, or master social worker who has |
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| 19 | 19 | | training and expertise in issues related to abuse, neglect, and |
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| 20 | 20 | | exploitation. The person performing the assessment shall sign a |
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| 21 | 21 | | report stating: |
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| 22 | 22 | | (1) that the elderly or disabled person is reported to |
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| 23 | 23 | | be suffering from abuse, neglect, or exploitation, which may |
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| 24 | 24 | | present a threat to the person's life or physical safety; and |
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| 25 | 25 | | (2) that in the professional opinion of the licensed |
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| 26 | 26 | | professional counselor, licensed psychologist, or master social |
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| 27 | 27 | | worker, as applicable, the issuance of an emergency order |
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| 28 | 28 | | authorizing protective services without the elderly or disabled |
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| 29 | 29 | | person's consent is necessary under the circumstances. |
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| 30 | 30 | | SECTION 2. This Act takes effect immediately if it receives |
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| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 34 | 34 | | Act takes effect September 1, 2013. |
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| 35 | 35 | | * * * * * |
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