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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of medication to certain persons in |
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the custody of a sheriff. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 46B.0825, Code of Criminal Procedure, is |
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amended by adding Subsections (a-1) and (a-2) and amending |
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Subsection (b) to read as follows: |
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(a-1) If a defendant described by Subsection (a) is being |
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treated with a psychotropic medication at the time the defendant is |
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discharged from the facility and transferred into the sheriff's |
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custody, the sheriff or sheriff's deputy shall ensure that |
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administration of the medication continues unless directed |
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otherwise by the physician for the jail, subject to Subsection |
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(a-2). The jail physician must appropriately document the need for |
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any discontinuation or other change in the use or amount of |
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medication after consulting with the physician who treated the |
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defendant at the facility to ensure that the change does not |
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adversely affect the defendant's mental health or ability to |
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continue with court proceedings. |
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(a-2) The physician for a jail may not discontinue or |
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otherwise change a psychotropic medication that is being used in |
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the treatment of a defendant described by Subsection (a) at the time |
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of the defendant's discharge from the facility unless the jail |
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physician determines there is a compelling medical reason to make |
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the change for the health and safety of the defendant. If the jail |
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physician discontinues or otherwise changes the use or amount of |
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medication and the defendant is subsequently found incompetent to |
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stand trial, recommitted to a facility, and then discharged again |
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into the custody of the sheriff following that recommittal, the |
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jail physician may not discontinue or change the defendant's |
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prescribed psychotropic medication after the discharge from the |
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facility without the consent of the physician who treated the |
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defendant at the facility. |
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(b) To the extent funds are appropriated for that purpose, a |
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sheriff is entitled to reimbursement from the state for providing |
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the medication required by this article [Subsection (a)]. |
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SECTION 2. Section 511.009(d), Government Code, is amended |
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to read as follows: |
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(d) The commission shall adopt reasonable rules and |
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procedures establishing minimum standards regarding the continuity |
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of prescription medications for the care and treatment of |
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prisoners. The rules and procedures shall require that: |
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(1) a qualified medical professional shall review as |
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soon as possible any prescription medication a prisoner is taking |
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when the prisoner is taken into custody; and |
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(2) a prisoner with a mental illness be provided with |
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each prescription medication that a qualified medical professional |
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or mental health professional determines is necessary for the care, |
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treatment, or stabilization of the prisoner. |
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SECTION 3. Article 46B.0825(c), Code of Criminal Procedure, |
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is repealed. |
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SECTION 4. Not later than December 1, 2021, the Commission |
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on Jail Standards shall adopt the rules and procedures required by |
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Section 511.009(d), Government Code, as amended by this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |