4 | 6 | | AN ACT |
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5 | 7 | | relating to the procedure for ordering medical or dental services |
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6 | 8 | | for certain persons admitted to or committed to care at certain |
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7 | 9 | | state facilities. |
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8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 11 | | SECTION 1. Section 551.041, Health and Safety Code, is |
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10 | 12 | | amended by amending Subsection (c) and adding Subsection (e) to |
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11 | 13 | | read as follows: |
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12 | 14 | | (c) If a department requests consent to perform medical or |
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13 | 15 | | dental treatment or services from a person or the guardian of the |
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14 | 16 | | person whose consent is considered necessary and a reply is not |
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15 | 17 | | obtained immediately, or if there is no guardian or responsible |
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16 | 18 | | relative of the person to whom a request can be made, the |
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17 | 19 | | superintendent or director of a department facility shall order: |
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18 | 20 | | (1) medical treatment or services for the person on |
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19 | 21 | | the advice and consent of three primary care providers, at least two |
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20 | 22 | | of whom are physicians licensed by the Texas Medical Board[, at |
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21 | 23 | | least one of whom is primarily engaged in the private practice of |
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22 | 24 | | medicine]; or |
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23 | 25 | | (2) dental treatment or services for the person on the |
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24 | 26 | | advice and consent of two dentists [a dentist] licensed by the State |
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25 | 27 | | Board of Dental Examiners and of one physician [two physicians] |
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26 | 28 | | licensed by the Texas Medical Board[, at least one of whom is |
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27 | 29 | | primarily engaged in the private practice of medicine]. |
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28 | 30 | | (e) For purposes of this section, "primary care provider" |
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29 | 31 | | means a health care professional who provides health care services |
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30 | 32 | | to a defined population of residents. The term includes a physician |
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31 | 33 | | licensed by the Texas Medical Board, an advanced practice |
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32 | 34 | | registered nurse licensed by the Texas Board of Nursing, and a |
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33 | 35 | | physician assistant licensed by the Texas Physician Assistant |
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34 | 36 | | Board. |
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35 | 37 | | SECTION 2. The changes in law made by this Act apply only to |
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36 | 38 | | a medical or dental procedure performed on or after the effective |
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37 | 39 | | date of this Act. A medical or dental procedure performed before |
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38 | 40 | | the effective date of this Act is governed by the law as it existed |
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39 | 41 | | immediately before the effective date of this Act, and that law is |
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40 | 42 | | continued in effect for that purpose. |
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41 | 43 | | SECTION 3. This Act takes effect September 1, 2017. |
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42 | | - | ______________________________ ______________________________ |
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43 | | - | President of the Senate Speaker of the House |
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44 | | - | I hereby certify that S.B. No. 1565 passed the Senate on |
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45 | | - | April 26, 2017, by the following vote: Yeas 31, Nays 0. |
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46 | | - | ______________________________ |
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47 | | - | Secretary of the Senate |
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48 | | - | I hereby certify that S.B. No. 1565 passed the House on |
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49 | | - | May 19, 2017, by the following vote: Yeas 144, Nays 0, two |
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50 | | - | present not voting. |
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51 | | - | ______________________________ |
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52 | | - | Chief Clerk of the House |
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53 | | - | Approved: |
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54 | | - | ______________________________ |
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55 | | - | Date |
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56 | | - | ______________________________ |
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57 | | - | Governor |
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