Texas 2013 - 83rd Regular

Texas Senate Bill SB1842 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Deuell S.B. No. 1842
2	2	(Naishtat)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to restraint and seclusion procedures and reporting at
8	8	certain facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 322.052, Health and Safety Code, is
11	11	amended by adding Subsection (b-1) to read as follows:
12	12	(b-1) The rules must:
13	13	(1) authorize a registered nurse, other than the nurse
14	14	who initiated the use of restraint or seclusion, who is trained to
15	15	assess medical and psychiatric stability with demonstrated
16	16	competence as required by rule to conduct a face-to-face evaluation
17	17	of a patient in a hospital or facility licensed under Chapter 241 or
18	18	577 or in a state mental hospital, as defined by Section 571.003,
19	19	not later than one hour after the time the use of restraint or
20	20	seclusion is initiated; and
21	21	(2) require a physician to conduct a face-to-face
22	22	evaluation of a patient in a hospital or facility licensed under
23	23	Chapter 241 or 577 or in a state mental hospital, as defined by
24	24	Section 571.003, and document clinical justification for
25	25	continuing the restraint or seclusion before issuing or renewing an
26	26	order that continues the use of the restraint or seclusion.
27	27	SECTION 2. Subchapter B, Chapter 322, Health and Safety
28	28	Code, is amended by adding Section 322.056 to read as follows:
29	29	Sec. 322.056. REPORTING REQUIREMENT. A facility shall file
30	30	with the Department of State Health Services a quarterly report
31	31	regarding hospital-based inpatient psychiatric services measures
32	32	related to the use of restraint and seclusion that is required by
33	33	the federal Centers for Medicare and Medicaid Services.
34	34	SECTION 3. Not later than January 1, 2014, the executive
35	35	commissioner of the Health and Human Services Commission shall
36	36	adopt rules as required by Subsection (b-1), Section 322.052,
37	37	Health and Safety Code, as added by this Act.
38	38	SECTION 4. A facility is not required to comply with the
39	39	reporting requirements under Section 322.056, Health and Safety
40	40	Code, as added by this Act, before January 1, 2014.
41	41	SECTION 5. This Act takes effect immediately if it receives
42	42	a vote of two-thirds of all the members elected to each house, as
43	43	provided by Section 39, Article III, Texas Constitution. If this
44	44	Act does not receive the vote necessary for immediate effect, this
45	45	Act takes effect September 1, 2013.