Bill Text: TX HB284 | 2017-2018 | 85th Legislature | Enrolled

Texas House Bill 284 (Prior Session Legislation)

Bill Title: Relating to authorization for certain health care facilities to secure residents with wheelchair self-release seat belts.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB284 Detail]

Download: Texas-2017-HB284-Enrolled.html



	H.B. No. 284




	AN ACT
	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