By: Klick H.B. No. 3708
A BILL TO BE ENTITLED
AN ACT
relating to conduct that constitutes abuse in certain health care
facilities caring for persons with mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.131(1), Health and Safety Code, is
amended to read as follows:
(1) "Abuse" means an intentional, knowing, reckless,
or criminally negligent act or failure to act by an inpatient mental
health facility, a treatment facility, or a hospital, or an
employee of a facility or hospital, that places a patient or client
of the facility or hospital who is a person with mental illness in
imminent danger of death, bodily injury, or physical or mental
impairment. The term includes a failure to supervise patients or
clients and a failure to take reasonable steps to protect patients
or clients from the actions of other patients or clients [has the
meaning assigned by the federal Protection and Advocacy for
Individuals with Mental Illness Act (42 U.S.C. Section 10801 et
seq.)].
SECTION 2. The change in law made by this Act to Section
161.131, Health and Safety Code, applies only to a duty to report
abuse arising from an incident of abuse that occurs on or after the
effective date of this Act or to a penalty that may be imposed on a
violation of Subchapter L, Chapter 161, Health and Safety Code,
involving an incident of abuse that occurs on or after the effective
date of this Act. For purposes of an incident of abuse that
occurred before the effective date of this Act, the duty to report
the abuse and a penalty that may be imposed on a violation involving
the abuse are governed by the law in effect at the time the incident
of abuse occurred.
SECTION 3. This Act takes effect September 1, 2019.