Texas 2021 - 87th Regular

Texas Senate Bill SB944 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R7434 MAW-F
2	2	By: Eckhardt S.B. No. 944
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of medication to certain persons in
8	8	the custody of a sheriff.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 46B.0825, Code of Criminal Procedure, is
11	11	amended by adding Subsections (a-1) and (a-2) and amending
12	12	Subsection (b) to read as follows:
13	13	(a-1) If a defendant described by Subsection (a) is being
14	14	treated with a psychotropic medication at the time the defendant is
15	15	discharged from the facility and transferred into the sheriff's
16	16	custody, the sheriff or sheriff's deputy shall ensure that
17	17	administration of the medication continues unless directed
18	18	otherwise by the physician for the jail, subject to Subsection
19	19	(a-2). The jail physician must appropriately document the need for
20	20	any discontinuation or other change in the use or amount of
21	21	medication after consulting with the physician who treated the
22	22	defendant at the facility to ensure that the change does not
23	23	adversely affect the defendant's mental health or ability to
24	24	continue with court proceedings.
25	25	(a-2) The physician for a jail may not discontinue or
26	26	otherwise change a psychotropic medication that is being used in
27	27	the treatment of a defendant described by Subsection (a) at the time
28	28	of the defendant's discharge from the facility unless the jail
29	29	physician determines there is a compelling medical reason to make
30	30	the change for the health and safety of the defendant. If the jail
31	31	physician discontinues or otherwise changes the use or amount of
32	32	medication and the defendant is subsequently found incompetent to
33	33	stand trial, recommitted to a facility, and then discharged again
34	34	into the custody of the sheriff following that recommittal, the
35	35	jail physician may not discontinue or change the defendant's
36	36	prescribed psychotropic medication after the discharge from the
37	37	facility without the consent of the physician who treated the
38	38	defendant at the facility.
39	39	(b) To the extent funds are appropriated for that purpose, a
40	40	sheriff is entitled to reimbursement from the state for providing
41	41	the medication required by this article [Subsection (a)].
42	42	SECTION 2. Section 511.009(d), Government Code, is amended
43	43	to read as follows:
44	44	(d) The commission shall adopt reasonable rules and
45	45	procedures establishing minimum standards regarding the continuity
46	46	of prescription medications for the care and treatment of
47	47	prisoners. The rules and procedures shall require that:
48	48	(1) a qualified medical professional shall review as
49	49	soon as possible any prescription medication a prisoner is taking
50	50	when the prisoner is taken into custody; and
51	51	(2) a prisoner with a mental illness be provided with
52	52	each prescription medication that a qualified medical professional
53	53	or mental health professional determines is necessary for the care,
54	54	treatment, or stabilization of the prisoner.
55	55	SECTION 3. Article 46B.0825(c), Code of Criminal Procedure,
56	56	is repealed.
57	57	SECTION 4. Not later than December 1, 2021, the Commission
58	58	on Jail Standards shall adopt the rules and procedures required by
59	59	Section 511.009(d), Government Code, as amended by this Act.
60	60	SECTION 5. This Act takes effect September 1, 2021.