87R21825 MAW-F
By: Coleman H.B. No. 4354
Substitute the following for H.B. No. 4354:
By: Turner of Dallas C.S.H.B. No. 4354
A BILL TO BE ENTITLED
AN ACT
relating to the administration of medication to certain persons in
the custody of a sheriff.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 46B.0825, Code of Criminal Procedure, is
amended by adding Subsection (a-1) and amending Subsection (b) to
read as follows:
(a-1) If a defendant described by Subsection (a) is being
treated with a psychotropic medication at the time the defendant is
discharged from the facility and transferred into the sheriff's
custody, the sheriff or sheriff's deputy shall ensure that
administration of the medication continues unless directed
otherwise by the physician for the jail. The jail physician must
appropriately document the need for any discontinuation or other
change in the use or amount of medication after consulting with the
physician who treated the defendant at the facility to ensure that
the change does not adversely affect the defendant's mental health
or ability to continue with court proceedings.
(b) To the extent funds are appropriated for that purpose, a
sheriff is entitled to reimbursement from the state for providing
the medication required by this article [Subsection (a)].
SECTION 2. Section 511.009(d), Government Code, is amended
to read as follows:
(d) The commission shall adopt reasonable rules and
procedures establishing minimum standards regarding the continuity
of prescription medications for the care and treatment of
prisoners. The rules and procedures shall require that:
(1) a qualified medical professional shall review as
soon as possible any prescription medication a prisoner is taking
when the prisoner is taken into custody; and
(2) a prisoner with a mental illness be provided with
each prescription medication that a qualified medical professional
or mental health professional determines is necessary for the care,
treatment, or stabilization of the prisoner.
SECTION 3. Article 46B.0825(c), Code of Criminal Procedure,
is repealed.
SECTION 4. Not later than December 1, 2021, the Commission
on Jail Standards shall adopt the rules and procedures required by
Section 511.009(d), Government Code, as amended by this Act.
SECTION 5. This Act takes effect September 1, 2021.