| 1 | 1 | | 86R10878 SCL-D |
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| 2 | 2 | | By: Davis of Dallas H.B. No. 2873 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the room placement of individuals with Alzheimer's |
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| 8 | 8 | | disease or dementia in health care facilities and correctional |
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| 9 | 9 | | facilities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 222, Health and Safety Code, is amended |
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| 12 | 12 | | by adding Subchapter D to read as follows: |
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| 13 | 13 | | SUBCHAPTER D. REGULATION OF HEALTH CARE FACILITIES SERVICING |
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| 14 | 14 | | RESIDENTS WITH ALZHEIMER'S DISEASE OR DEMENTIA |
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| 15 | 15 | | Sec. 222.101. DEFINITIONS. In this subchapter: |
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| 16 | 16 | | (1) "Commission" means the Health and Human Services |
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| 17 | 17 | | Commission. |
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| 18 | 18 | | (2) "Executive commissioner" means the executive |
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| 19 | 19 | | commissioner of the commission. |
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| 20 | 20 | | (3) "Health care facility" means a health care |
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| 21 | 21 | | facility licensed by the commission. |
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| 22 | 22 | | (4) "Resident" means an individual who resides in a |
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| 23 | 23 | | health care facility. |
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| 24 | 24 | | Sec. 222.102. PLACEMENT OF CERTAIN RESIDENTS. The |
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| 25 | 25 | | executive commissioner by rule shall prohibit a health care |
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| 26 | 26 | | facility from requiring a resident with Alzheimer's disease or |
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| 27 | 27 | | dementia to reside in the same room as a resident with mental |
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| 28 | 28 | | illness and a history of violence. |
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| 29 | 29 | | Sec. 222.103. DISCIPLINARY ACTION. A health care facility |
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| 30 | 30 | | that violates this subchapter or a rule adopted under this |
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| 31 | 31 | | subchapter is subject to disciplinary action by the commission as |
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| 32 | 32 | | if the facility violated an applicable licensing law. |
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| 33 | 33 | | SECTION 2. Chapter 493, Government Code, is amended by |
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| 34 | 34 | | adding Section 493.032 to read as follows: |
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| 35 | 35 | | Sec. 493.032. PLACEMENT OF PERSONS WITH ALZHEIMER'S DISEASE |
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| 36 | 36 | | OR DEMENTIA. The department shall ensure that a person with |
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| 37 | 37 | | Alzheimer's disease or dementia who is in the custody of a jail or |
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| 38 | 38 | | other correctional facility operated by or under contract with the |
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| 39 | 39 | | department does not reside in the same room with an individual with |
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| 40 | 40 | | mental illness and a history of violence. |
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| 41 | 41 | | SECTION 3. Chapter 511, Government Code, is amended by |
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| 42 | 42 | | adding Section 511.022 to read as follows: |
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| 43 | 43 | | Sec. 511.022. PLACEMENT OF INMATES WITH ALZHEIMER'S DISEASE |
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| 44 | 44 | | OR DEMENTIA. The commission shall adopt rules prohibiting a |
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| 45 | 45 | | correctional facility from requiring an inmate with Alzheimer's |
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| 46 | 46 | | disease or dementia to reside in the same room as an inmate with |
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| 47 | 47 | | mental illness and a history of violence. |
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| 48 | 48 | | SECTION 4. As soon as practicable after the effective date |
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| 49 | 49 | | of this Act, the executive commissioner of the Health and Human |
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| 50 | 50 | | Services Commission and the Commission on Jail Standards shall |
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| 51 | 51 | | adopt rules necessary to implement the changes in law made by this |
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| 52 | 52 | | Act. |
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| 53 | 53 | | SECTION 5. This Act takes effect September 1, 2019. |
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