Bill Text: TX HB284 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to authorization for certain health care facilities to secure residents with wheelchair self-release seat belts.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB284 Detail]
Download: Texas-2017-HB284-Enrolled.html
H.B. No. 284 |
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relating to authorization for certain health care facilities to | ||
secure residents with wheelchair self-release seat belts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 322, Health and Safety | ||
Code, is amended by adding Section 322.0515 to read as follows: | ||
Sec. 322.0515. AUTHORIZATION FOR USE OF WHEELCHAIR | ||
SELF-RELEASE SEAT BELT; EXCEPTION. (a) Except as provided by | ||
Subsection (b) and notwithstanding Section 322.051, a facility | ||
shall allow a resident to use a wheelchair self-release seat belt | ||
while the resident is in the resident's wheelchair if: | ||
(1) the resident demonstrates the ability to release | ||
and fasten the seat belt without assistance; | ||
(2) the use of the wheelchair self-release seat belt | ||
complies with the resident's plan of care; and | ||
(3) the facility receives written authorization | ||
signed by the resident or the resident's legal guardian for the | ||
resident to use the wheelchair self-release seat belt. | ||
(b) A facility that advertises as a restraint-free facility | ||
is not required to comply with Subsection (a) if the facility: | ||
(1) provides to current and prospective residents a | ||
written disclosure stating the facility is restraint-free and is | ||
not required to comply with a request under Subsection (a); and | ||
(2) makes all reasonable efforts to accommodate the | ||
concerns of a resident who requests a seat belt under Subsection | ||
(a). | ||
SECTION 2. If before implementing any provision of this Act | ||
a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 3. As soon as practicable after the effective date | ||
of this Act but not later than January 1, 2018, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt rules necessary to implement this Act. | ||
SECTION 4. Section 322.0515, Health and Safety Code, as | ||
added by this Act, applies only to the use of a wheelchair | ||
self-release seat belt occurring on or after January 1, 2018. Use | ||
of a wheelchair self-release seat belt occurring before that date | ||
is governed by the law in effect immediately before the effective | ||
date of this Act, and that law is continued in effect for that | ||
purpose. | ||
SECTION 5. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 284 was passed by the House on April | ||
6, 2017, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 284 on May 25, 2017, by the following vote: Yeas 130, Nays 12, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 284 was passed by the Senate, with | ||
amendments, on May 22, 2017, by the following vote: Yeas 29, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |