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AN ACT
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relating to restraint and seclusion procedures and reporting at |
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certain facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 322.052, Health and Safety Code, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) The rules must: |
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(1) authorize a registered nurse, other than the nurse |
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who initiated the use of restraint or seclusion, who is trained to |
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assess medical and psychiatric stability with demonstrated |
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competence as required by rule to conduct a face-to-face evaluation |
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of a patient in a hospital or facility licensed under Chapter 241 or |
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577 or in a state mental hospital, as defined by Section 571.003, |
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not later than one hour after the time the use of restraint or |
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seclusion is initiated; and |
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(2) require a physician to conduct a face-to-face |
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evaluation of a patient in a hospital or facility licensed under |
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Chapter 241 or 577 or in a state mental hospital, as defined by |
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Section 571.003, and document clinical justification for |
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continuing the restraint or seclusion before issuing or renewing an |
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order that continues the use of the restraint or seclusion. |
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SECTION 2. Subchapter B, Chapter 322, Health and Safety |
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Code, is amended by adding Section 322.056 to read as follows: |
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Sec. 322.056. REPORTING REQUIREMENT. A facility shall file |
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with the Department of State Health Services a quarterly report |
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regarding hospital-based inpatient psychiatric services measures |
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related to the use of restraint and seclusion that is required by |
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the federal Centers for Medicare and Medicaid Services. |
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SECTION 3. Not later than January 1, 2014, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules as required by Subsection (b-1), Section 322.052, |
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Health and Safety Code, as added by this Act. |
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SECTION 4. A facility is not required to comply with the |
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reporting requirements under Section 322.056, Health and Safety |
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Code, as added by this Act, before January 1, 2014. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1842 passed the Senate on |
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April 30, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1842 passed the House on |
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May 22, 2013, by the following vote: Yeas 148, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |