By: Kolkhorst S.B. No. 1565
(In the Senate - Filed March 8, 2017; March 21, 2017, read
first time and referred to Committee on Health & Human Services;
April 18, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 18, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1565 By: Kolkhorst
A BILL TO BE ENTITLED
AN ACT
relating to the procedure for ordering medical or dental services
for certain persons admitted to or committed to care at certain
state facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.041, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsection (e) to
read as follows:
(c) If a department requests consent to perform medical or
dental treatment or services from a person or the guardian of the
person whose consent is considered necessary and a reply is not
obtained immediately, or if there is no guardian or responsible
relative of the person to whom a request can be made, the
superintendent or director of a department facility shall order:
(1) medical treatment or services for the person on
the advice and consent of three primary care providers, at least two
of whom are physicians licensed by the Texas Medical Board[, at
least one of whom is primarily engaged in the private practice of
medicine]; or
(2) dental treatment or services for the person on the
advice and consent of two dentists [a dentist] licensed by the State
Board of Dental Examiners and of one physician [two physicians]
licensed by the Texas Medical Board[, at least one of whom is
primarily engaged in the private practice of medicine].
(e) For purposes of this section, "primary care provider"
means a health care professional who provides health care services
to a defined population of residents. The term includes a physician
licensed by the Texas Medical Board, an advanced practice
registered nurse licensed by the Texas Board of Nursing, and a
physician assistant licensed by the Texas Physician Assistant
Board.
SECTION 2. The changes in law made by this Act apply only to
a medical or dental procedure performed on or after the effective
date of this Act. A medical or dental procedure performed before
the effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.
* * * * *