H.B. No. 284
AN ACT
relating to authorization for certain health care facilities to
secure residents with wheelchair self-release seat belts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 322, Health and Safety
Code, is amended by adding Section 322.0515 to read as follows:
Sec. 322.0515. AUTHORIZATION FOR USE OF WHEELCHAIR
SELF-RELEASE SEAT BELT; EXCEPTION. (a) Except as provided by
Subsection (b) and notwithstanding Section 322.051, a facility
shall allow a resident to use a wheelchair self-release seat belt
while the resident is in the resident's wheelchair if:
(1) the resident demonstrates the ability to release
and fasten the seat belt without assistance;
(2) the use of the wheelchair self-release seat belt
complies with the resident's plan of care; and
(3) the facility receives written authorization
signed by the resident or the resident's legal guardian for the
resident to use the wheelchair self-release seat belt.
(b) A facility that advertises as a restraint-free facility
is not required to comply with Subsection (a) if the facility:
(1) provides to current and prospective residents a
written disclosure stating the facility is restraint-free and is
not required to comply with a request under Subsection (a); and
(2) makes all reasonable efforts to accommodate the
concerns of a resident who requests a seat belt under Subsection
(a).
SECTION 2. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 3. As soon as practicable after the effective date
of this Act but not later than January 1, 2018, the executive
commissioner of the Health and Human Services Commission shall
adopt rules necessary to implement this Act.
SECTION 4. Section 322.0515, Health and Safety Code, as
added by this Act, applies only to the use of a wheelchair
self-release seat belt occurring on or after January 1, 2018. Use
of a wheelchair self-release seat belt occurring before that date
is governed by the law in effect immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 284 was passed by the House on April
6, 2017, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 284 on May 25, 2017, by the following vote: Yeas 130, Nays 12,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 284 was passed by the Senate, with
amendments, on May 22, 2017, by the following vote: Yeas 29, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor