By: Deuell S.B. No. 1842
(Naishtat)
A BILL TO BE ENTITLED
AN ACT
relating to restraint and seclusion procedures and reporting at
certain facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 322.052, Health and Safety Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) The rules must:
(1) authorize a registered nurse, other than the nurse
who initiated the use of restraint or seclusion, who is trained to
assess medical and psychiatric stability with demonstrated
competence as required by rule to conduct a face-to-face evaluation
of a patient in a hospital or facility licensed under Chapter 241 or
577 or in a state mental hospital, as defined by Section 571.003,
not later than one hour after the time the use of restraint or
seclusion is initiated; and
(2) require a physician to conduct a face-to-face
evaluation of a patient in a hospital or facility licensed under
Chapter 241 or 577 or in a state mental hospital, as defined by
Section 571.003, and document clinical justification for
continuing the restraint or seclusion before issuing or renewing an
order that continues the use of the restraint or seclusion.
SECTION 2. Subchapter B, Chapter 322, Health and Safety
Code, is amended by adding Section 322.056 to read as follows:
Sec. 322.056. REPORTING REQUIREMENT. A facility shall file
with the Department of State Health Services a quarterly report
regarding hospital-based inpatient psychiatric services measures
related to the use of restraint and seclusion that is required by
the federal Centers for Medicare and Medicaid Services.
SECTION 3. Not later than January 1, 2014, the executive
commissioner of the Health and Human Services Commission shall
adopt rules as required by Subsection (b-1), Section 322.052,
Health and Safety Code, as added by this Act.
SECTION 4. A facility is not required to comply with the
reporting requirements under Section 322.056, Health and Safety
Code, as added by this Act, before January 1, 2014.
SECTION 5. 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.