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