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AN ACT
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relating to the prohibited discharge of a patient to certain |
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unlicensed or unpermitted group-centered facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 256, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 256. SAFE PATIENT HANDLING, [AND] MOVEMENT, AND DISCHARGE |
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PRACTICES |
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SECTION 2. Chapter 256, Health and Safety Code, is amended |
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by adding Section 256.003 to read as follows: |
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Sec. 256.003. PROHIBITED DISCHARGE OF PATIENTS TO CERTAIN |
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GROUP-CENTERED FACILITIES. (a) Subject to Subsection (b), a |
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hospital or other health facility may discharge or otherwise |
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release a patient to the care of a group home, boarding home |
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facility, or similar group-centered facility only if the person who |
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operates the group-centered facility holds a license or permit |
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issued in accordance with applicable state law. |
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(b) A hospital or other health facility may discharge or |
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otherwise release a patient to the care of a group home, boarding |
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home facility, or similar group-centered facility operated by a |
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person who does not hold a license or permit issued in accordance |
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with applicable state law only if: |
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(1) no group-centered facility is operated in the |
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county in which the patient is discharged by a person who holds the |
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applicable license or permit; or |
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(2) the patient voluntarily elects to reside in the |
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group-centered facility of the unlicensed or unpermitted person. |
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(c) A hospital or other health facility is not liable for |
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damages to a patient resulting from the patient's discharge or |
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release to a group home, boarding home facility, or similar |
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group-centered facility under Subsection (b). |
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(d) A local health authority may not issue an order |
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authorizing a hospital or health facility to discharge or release a |
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patient to a group-centered facility in a manner that conflicts |
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with this section. |
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SECTION 3. Section 256.003(c), Health and Safety Code, as |
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added by this Act, applies only to a cause of action that accrues on |
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or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 186 passed the Senate on |
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April 20, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 186 passed the House on |
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May 24, 2023, by the following vote: Yeas 122, Nays 17, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |