By: Nelson S.B. No. 424
A BILL TO BE ENTITLED
AN ACT
relating to the administration and monitoring of certain
medications provided to foster children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.121, Family Code, is amended by
adding Subsection (g) to read as follows:
(g) For a youth taking prescription medication, the
department shall ensure that the youth's transition plan includes
provisions to assist the youth in managing the use of the medication
after leaving foster care, including information that educates the
youth in the use of the medication and provides the youth with
information about the resources that are available to assist the
youth in managing the use of the medication.
SECTION 2. Section 266.001, Family Code, is amended by
adding Subdivision (6) to read as follows:
(6) "Psychotropic drug" has the meaning assigned by
Section 261.111.
SECTION 3. Section 266.004, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Consent to the administration of a psychotropic drug
is valid only if it is provided in the manner provided by Section
576.025(b), Health and Safety Code. The evidence of the consent may
be included in the foster child's health passport.
SECTION 4. Section 266.005, Family Code, is amended by
adding Subsection (b-1) and amending Subsection (c) to read as
follows:
(b-1) The department shall notify the child's parents of the
initial prescription of a psychotropic drug to a foster child and of
any change in dosage of the psychotropic drug at the first scheduled
meeting between the parents and the child's caseworker after the
date the psychotropic drug is prescribed or the dosage is changed.
(c) The department is not required to provide notice under
Subsection (b) or (b-1) to a parent who:
(1) has failed to give the department current contact
information and cannot be located;
(2) has executed an affidavit of relinquishment of
parental rights;
(3) has had the parent's parental rights terminated;
or
(4) has had access to medical information otherwise
restricted by the court.
SECTION 5. Section 266.007(a), Family Code, is amended to
read as follows:
(a) At each hearing under Chapter 263, or more frequently if
ordered by the court, the court shall review a summary of the
medical care provided to the foster child since the last hearing.
The summary must include information regarding:
(1) the nature of any emergency medical care provided
to the child and the circumstances necessitating emergency medical
care, including any injury or acute illness suffered by the child;
(2) all medical and mental health treatment that the
child is receiving and the child's progress with the treatment;
(3) any medication prescribed for the child, [and] the
condition, diagnosis, and symptoms for which the medication was
prescribed, and the child's progress with the medication;
(4) any non-pharmacological interventions attempted,
plans for discontinuing the psychotropic drug, and the child's
prognosis with and without the psychotropic drug;
(5) the degree to which the child or foster care
provider has complied or failed to comply with any plan of medical
treatment for the child;
(6) [(5)] any adverse reaction to or side effects of
any medical treatment provided to the child;
(7) [(6)] any specific medical condition of the child
that has been diagnosed or for which tests are being conducted to
make a diagnosis;
(8) [(7)] any activity that the child should avoid or
should engage in that might affect the effectiveness of the
treatment, including physical activities, other medications, and
diet; and
(9) [(8)] other information required by department
rule or by the court.
SECTION 6. The heading to Subchapter A, Chapter 266, Family
Code, is repealed.
SECTION 7. This Act takes effect September 1, 2013.