Bill Text: TX HB4354 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the administration of medication to certain persons in the custody of a sheriff.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-05-14 - Referred to Jurisprudence [HB4354 Detail]
Download: Texas-2021-HB4354-Engrossed.html
87R21825 MAW-F | ||
By: Coleman | H.B. No. 4354 |
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relating to the administration of medication to certain persons in | ||
the custody of a sheriff. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 46B.0825, Code of Criminal Procedure, is | ||
amended by adding Subsection (a-1) and amending Subsection (b) to | ||
read as follows: | ||
(a-1) If a defendant described by Subsection (a) is being | ||
treated with a psychotropic medication at the time the defendant is | ||
discharged from the facility and transferred into the sheriff's | ||
custody, the sheriff or sheriff's deputy shall ensure that | ||
administration of the medication continues unless directed | ||
otherwise by the physician for the jail. The jail physician must | ||
appropriately document the need for any discontinuation or other | ||
change in the use or amount of medication after consulting with the | ||
physician who treated the defendant at the facility to ensure that | ||
the change does not adversely affect the defendant's mental health | ||
or ability to continue with court proceedings. | ||
(b) To the extent funds are appropriated for that purpose, a | ||
sheriff is entitled to reimbursement from the state for providing | ||
the medication required by this article [ |
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SECTION 2. Section 511.009(d), Government Code, is amended | ||
to read as follows: | ||
(d) The commission shall adopt reasonable rules and | ||
procedures establishing minimum standards regarding the continuity | ||
of prescription medications for the care and treatment of | ||
prisoners. The rules and procedures shall require that: | ||
(1) a qualified medical professional shall review as | ||
soon as possible any prescription medication a prisoner is taking | ||
when the prisoner is taken into custody; and | ||
(2) a prisoner with a mental illness be provided with | ||
each prescription medication that a qualified medical professional | ||
or mental health professional determines is necessary for the care, | ||
treatment, or stabilization of the prisoner. | ||
SECTION 3. Article 46B.0825(c), Code of Criminal Procedure, | ||
is repealed. | ||
SECTION 4. Not later than December 1, 2021, the Commission | ||
on Jail Standards shall adopt the rules and procedures required by | ||
Section 511.009(d), Government Code, as amended by this Act. | ||
SECTION 5. This Act takes effect September 1, 2021. |