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
 
 
 
 
AN ACT
  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
feedback