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AN ACT
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relating to authorization for certain health care facilities to |
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secure residents with wheelchair self-release seat belts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 322, Health and Safety |
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Code, is amended by adding Section 322.0515 to read as follows: |
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Sec. 322.0515. AUTHORIZATION FOR USE OF WHEELCHAIR |
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SELF-RELEASE SEAT BELT; EXCEPTION. (a) Except as provided by |
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Subsection (b) and notwithstanding Section 322.051, a facility |
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shall allow a resident to use a wheelchair self-release seat belt |
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while the resident is in the resident's wheelchair if: |
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(1) the resident demonstrates the ability to release |
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and fasten the seat belt without assistance; |
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(2) the use of the wheelchair self-release seat belt |
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complies with the resident's plan of care; and |
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(3) the facility receives written authorization |
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signed by the resident or the resident's legal guardian for the |
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resident to use the wheelchair self-release seat belt. |
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(b) A facility that advertises as a restraint-free facility |
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is not required to comply with Subsection (a) if the facility: |
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(1) provides to current and prospective residents a |
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written disclosure stating the facility is restraint-free and is |
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not required to comply with a request under Subsection (a); and |
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(2) makes all reasonable efforts to accommodate the |
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concerns of a resident who requests a seat belt under Subsection |
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(a). |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act but not later than January 1, 2018, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules necessary to implement this Act. |
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SECTION 4. Section 322.0515, Health and Safety Code, as |
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added by this Act, applies only to the use of a wheelchair |
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self-release seat belt occurring on or after January 1, 2018. Use |
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of a wheelchair self-release seat belt occurring before that date |
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is governed by the law in effect immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 284 was passed by the House on April |
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6, 2017, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 284 on May 25, 2017, by the following vote: Yeas 130, Nays 12, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 284 was passed by the Senate, with |
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amendments, on May 22, 2017, by the following vote: Yeas 29, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |