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A BILL TO BE ENTITLED
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AN ACT
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relating to the placement of individuals with Alzheimer's disease |
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or dementia in health care facilities and correctional facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 222, Health and Safety Code, is amended |
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by adding Subchapter D to read as follows: |
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SUBCHAPTER D. REGULATION OF HEALTH CARE FACILITIES SERVICING |
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RESIDENTS WITH ALZHEIMER'S DISEASE OR DEMENTIA |
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Sec. 222.101. DEFINITIONS. In this subchapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Executive commissioner" means the executive |
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commissioner of the commission. |
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(3) "Health care facility" means a health care |
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facility licensed by the commission. |
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(4) "Resident" means an individual who resides in a |
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health care facility. |
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Sec. 222.102. PLACEMENT OF CERTAIN RESIDENTS. The |
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executive commissioner by rule shall prohibit a health care |
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facility from placing a resident with Alzheimer's disease or |
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dementia in the same room as a resident with mental illness and a |
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history of violence. |
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Sec. 222.103. DISCIPLINARY ACTION. A health care facility |
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that violates this subchapter or a rule adopted under this |
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subchapter is subject to disciplinary action by the commission as |
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if the facility violated an applicable licensing law. |
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SECTION 2. Chapter 493, Government Code, is amended by |
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adding Section 493.034 to read as follows: |
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Sec. 493.034. HOUSING OF INMATES WITH ALZHEIMER'S DISEASE |
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OR DEMENTIA. The department shall ensure that an inmate with |
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Alzheimer's disease or dementia who is confined in a correctional |
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facility operated by or under contract with the department is not |
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housed in the same cell as an inmate with mental illness and a |
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history of violence. |
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SECTION 3. Chapter 511, Government Code, is amended by |
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adding Section 511.022 to read as follows: |
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Sec. 511.022. HOUSING OF INMATES WITH ALZHEIMER'S DISEASE |
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OR DEMENTIA. The commission shall adopt rules prohibiting a |
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correctional facility from housing an inmate with Alzheimer's |
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disease or dementia in the same cell as an inmate with mental |
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illness and a history of violence. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission and the Commission on Jail Standards shall |
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adopt rules necessary to implement the changes in law made by this |
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Act. |
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SECTION 5. This Act takes effect September 1, 2021. |