Bill Text: TX SB1842 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to restraint and seclusion procedures and reporting at certain facilities.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective immediately [SB1842 Detail]
Download: Texas-2013-SB1842-Enrolled.html
S.B. No. 1842 |
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relating to restraint and seclusion procedures and reporting at | ||
certain facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 322.052, Health and Safety Code, is | ||
amended by adding Subsection (b-1) to read as follows: | ||
(b-1) The rules must: | ||
(1) authorize a registered nurse, other than the nurse | ||
who initiated the use of restraint or seclusion, who is trained to | ||
assess medical and psychiatric stability with demonstrated | ||
competence as required by rule to conduct a face-to-face evaluation | ||
of a patient in a hospital or facility licensed under Chapter 241 or | ||
577 or in a state mental hospital, as defined by Section 571.003, | ||
not later than one hour after the time the use of restraint or | ||
seclusion is initiated; and | ||
(2) require a physician to conduct a face-to-face | ||
evaluation of a patient in a hospital or facility licensed under | ||
Chapter 241 or 577 or in a state mental hospital, as defined by | ||
Section 571.003, and document clinical justification for | ||
continuing the restraint or seclusion before issuing or renewing an | ||
order that continues the use of the restraint or seclusion. | ||
SECTION 2. Subchapter B, Chapter 322, Health and Safety | ||
Code, is amended by adding Section 322.056 to read as follows: | ||
Sec. 322.056. REPORTING REQUIREMENT. A facility shall file | ||
with the Department of State Health Services a quarterly report | ||
regarding hospital-based inpatient psychiatric services measures | ||
related to the use of restraint and seclusion that is required by | ||
the federal Centers for Medicare and Medicaid Services. | ||
SECTION 3. Not later than January 1, 2014, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt rules as required by Subsection (b-1), Section 322.052, | ||
Health and Safety Code, as added by this Act. | ||
SECTION 4. A facility is not required to comply with the | ||
reporting requirements under Section 322.056, Health and Safety | ||
Code, as added by this Act, before January 1, 2014. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1842 passed the Senate on | ||
April 30, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1842 passed the House on | ||
May 22, 2013, by the following vote: Yeas 148, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |