| 1 | 1 | | S.B. No. 186 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the prohibited discharge of a patient to certain |
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| 6 | 6 | | unlicensed or unpermitted group-centered facilities. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. The heading to Chapter 256, Health and Safety |
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| 9 | 9 | | Code, is amended to read as follows: |
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| 10 | 10 | | CHAPTER 256. SAFE PATIENT HANDLING, [AND] MOVEMENT, AND DISCHARGE |
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| 11 | 11 | | PRACTICES |
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| 12 | 12 | | SECTION 2. Chapter 256, Health and Safety Code, is amended |
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| 13 | 13 | | by adding Section 256.003 to read as follows: |
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| 14 | 14 | | Sec. 256.003. PROHIBITED DISCHARGE OF PATIENTS TO CERTAIN |
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| 15 | 15 | | GROUP-CENTERED FACILITIES. (a) Subject to Subsection (b), a |
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| 16 | 16 | | hospital or other health facility may discharge or otherwise |
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| 17 | 17 | | release a patient to the care of a group home, boarding home |
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| 18 | 18 | | facility, or similar group-centered facility only if the person who |
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| 19 | 19 | | operates the group-centered facility holds a license or permit |
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| 20 | 20 | | issued in accordance with applicable state law. |
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| 21 | 21 | | (b) A hospital or other health facility may discharge or |
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| 22 | 22 | | otherwise release a patient to the care of a group home, boarding |
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| 23 | 23 | | home facility, or similar group-centered facility operated by a |
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| 24 | 24 | | person who does not hold a license or permit issued in accordance |
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| 25 | 25 | | with applicable state law only if: |
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| 26 | 26 | | (1) no group-centered facility is operated in the |
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| 27 | 27 | | county in which the patient is discharged by a person who holds the |
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| 28 | 28 | | applicable license or permit; or |
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| 29 | 29 | | (2) the patient voluntarily elects to reside in the |
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| 30 | 30 | | group-centered facility of the unlicensed or unpermitted person. |
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| 31 | 31 | | (c) A hospital or other health facility is not liable for |
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| 32 | 32 | | damages to a patient resulting from the patient's discharge or |
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| 33 | 33 | | release to a group home, boarding home facility, or similar |
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| 34 | 34 | | group-centered facility under Subsection (b). |
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| 35 | 35 | | (d) A local health authority may not issue an order |
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| 36 | 36 | | authorizing a hospital or health facility to discharge or release a |
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| 37 | 37 | | patient to a group-centered facility in a manner that conflicts |
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| 38 | 38 | | with this section. |
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| 39 | 39 | | SECTION 3. Section 256.003(c), Health and Safety Code, as |
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| 40 | 40 | | added by this Act, applies only to a cause of action that accrues on |
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| 41 | 41 | | or after the effective date of this Act. |
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| 42 | 42 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 43 | 43 | | ______________________________ ______________________________ |
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| 44 | 44 | | President of the Senate Speaker of the House |
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| 45 | 45 | | I hereby certify that S.B. No. 186 passed the Senate on |
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| 46 | 46 | | April 20, 2023, by the following vote: Yeas 31, Nays 0. |
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| 47 | 47 | | ______________________________ |
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| 48 | 48 | | Secretary of the Senate |
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| 49 | 49 | | I hereby certify that S.B. No. 186 passed the House on |
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| 50 | 50 | | May 24, 2023, by the following vote: Yeas 122, Nays 17, one |
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| 51 | 51 | | present not voting. |
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| 52 | 52 | | ______________________________ |
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| 53 | 53 | | Chief Clerk of the House |
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| 54 | 54 | | Approved: |
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| 55 | 55 | | ______________________________ |
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| 56 | 56 | | Date |
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| 57 | 57 | | ______________________________ |
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| 58 | 58 | | Governor |
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