Texas 2019 - 86th Regular

Texas House Bill HB2050 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2050
	1	+	By: Paddie, Price (Senate Sponsor - Kolkhorst) H.B. No. 2050
	2	+	(In the Senate - Received from the House May 2, 2019;
	3	+	May 3, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 16, 2019, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 16, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to consent requirements for the prescription of certain
6	12		psychoactive medications to residents of nursing facilities and
7	13		related institutions.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 242.505, Health and Safety Code, is
10		-	amended by amending Subsection (c) and adding Subsections (c-1),
11		-	(c-2~~), and (c-3~~) to read as follows:
	16	+	amended by amending Subsection (c) and adding Subsections (c-1) and
	17	+	(c-2) to read as follows:
12	18		(c) Subject to Subsection (c-1), consent [Consent] to the
13	19		prescription of psychoactive medication given by a resident or by a
14	20		person authorized by law to consent on behalf of the resident is
15	21		valid only if:
16	22		(1) the consent is given voluntarily and without
17	23		coercive or undue influence;
18	24		(2) the person prescribing the medication, [or] that
19	25		person's designee, or the facility's medical director provided the
20	26		following information, in a standard format approved by the
21	27		department, to the resident and, if applicable, to the person
22	28		authorized by law to consent on behalf of the resident:
23	29		(A) the specific condition to be treated;
24	30		(B) the beneficial effects on that condition
25	31		expected from the medication;
26	32		(C) the probable clinically significant side
27	33		effects and risks associated with the medication; and
28	34		(D) the proposed course of the medication;
29	35		(3) the resident and, if appropriate, the person
30	36		authorized by law to consent on behalf of the resident are informed
31	37		in writing that consent may be revoked; and
32	38		(4) the consent is evidenced in the resident's
33	39		clinical record by:
34	40		(A) a signed form prescribed by the facility or
35	41		by a statement of the person prescribing the medication or that
36	42		person's designee that documents that consent was given by the
37	43		appropriate person and the circumstances under which the consent
38	44		was obtained; and
39	45		(B) the original or a copy of the written consent
40	46		required by Subsection (c-1), if applicable.
41	47		(c-1) In addition to the requirements of Subsection (c),
42	48		consent to the prescription of an antipsychotic or neuroleptic
43	49		medication is valid only if the consent to the prescription of that
44	50		medication is given in writing, on a form prescribed by the
45	51		commission, by a resident or by a person authorized by law to
46	52		consent on behalf of the resident.
47	53		(c-2) Written consent provided by a resident or the
48	54		resident's legally authorized representative on the form described
49		-	by Subsection (c-1) satisfies the consent requirements of
50		-	Subsection (c).
51		-	(c-3) There is a rebuttable presumption that the written
52		-	consent provided by a resident or the resident's legally authorized
53		-	representative on the form described by Subsection (c-1) satisfies
54		-	the disclosure requirements established by the Texas Medical
55		-	Disclosure Panel in Sections 74.104 and 74.105, Civil Practice and
56		-	Remedies Code.
	55	+	by Subsection (c-1) is presumed to satisfy the consent requirements
	56	+	of Subsection (c) and the disclosure requirements established by
	57	+	the Texas Medical Disclosure Panel in Sections 74.103 and 74.105,
	58	+	Civil Practice and Remedies Code.
57	59		SECTION 2. As soon as practicable after the effective date
58	60		of this Act, the executive commissioner of the Health and Human
59	61		Services Commission shall develop the form required by Section
60	62		242.505(c-1), Health and Safety Code, as added by this Act. In
61	63		developing the form, the commission shall consult with the Texas
62	64		Medical Disclosure Panel.
63	65		SECTION 3. This Act takes effect September 1, 2019.
64		-	______________________________ ______________________________
65		-	President of the Senate Speaker of the House
66		-	I certify that H.B. No. 2050 was passed by the House on May 2,
67		-	2019, by the following vote: Yeas 141, Nays 2, 1 present, not
68		-	voting; and that the House concurred in Senate amendments to H.B.
69		-	No. 2050 on May 23, 2019, by the following vote: Yeas 140, Nays 0,
70		-	1 present, not voting.
71		-	______________________________
72		-	Chief Clerk of the House
73		-	I certify that H.B. No. 2050 was passed by the Senate, with
74		-	amendments, on May 19, 2019, by the following vote: Yeas 31, Nays
75		-	0.
76		-	______________________________
77		-	Secretary of the Senate
78		-	APPROVED: __________________
79		-	Date
80		-	__________________
81		-	Governor
	66	+	* * * * *