1-1  By:  Moncrief                                          S.B. No. 569
    1-2        (In the Senate - Filed February 15, 1995; February 16, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  May 2, 1995, reported favorably by the following vote:  Yeas 5,
    1-5  Nays 0; May 2, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the provision of hospice services to inmates and
    1-9  defendants confined in facilities operated by the Texas Department
   1-10  of Criminal Justice.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Chapter 493, Government Code, is amended by
   1-13  adding Section 493.014 to read as follows:
   1-14        Sec. 493.014.  CARE OF TERMINALLY ILL INMATES.  (a)  The
   1-15  department may provide direct hospice services for terminally ill
   1-16  inmates and defendants confined in facilities operated by the
   1-17  department or may contract with a licensed hospice for the
   1-18  provision of those services.
   1-19        (b)  In this section, "hospice" and "hospice services" have
   1-20  the meanings assigned to those terms by Section 142.001, Health and
   1-21  Safety Code.
   1-22        SECTION 2.  Subsection (a), Section 142.003, Health and
   1-23  Safety Code, is amended to read as follows:
   1-24        (a)  The following persons need not be licensed under this
   1-25  chapter:
   1-26              (1)  a physician, dentist, registered nurse, or
   1-27  physical therapist licensed under the laws of this state who
   1-28  provides home health services to a client only as a part of and
   1-29  incidental to that person's private office practice;
   1-30              (2)  a registered nurse, licensed vocational nurse,
   1-31  physical therapist, occupational therapist, speech therapist,
   1-32  medical social worker, or any other health care professional as
   1-33  determined by the department who provides home health services as a
   1-34  sole practitioner;
   1-35              (3)  a registry that operates solely as a clearinghouse
   1-36  to put consumers in contact with persons who provide home health,
   1-37  hospice, or personal assistance services and that does not maintain
   1-38  official client records, direct client services, or compensate the
   1-39  person who is providing the service;
   1-40              (4)  an individual whose permanent residence is in the
   1-41  client's residence;
   1-42              (5)  an employee of a person licensed under this
   1-43  chapter who provides home health, hospice, or personal assistance
   1-44  services only as an employee of the license holder and who receives
   1-45  no benefit for providing the services, other than wages from the
   1-46  license holder;
   1-47              (6)  a home, nursing home, convalescent home, personal
   1-48  care facility, special care facility, or other institution for
   1-49  individuals who are elderly or who have disabilities that provides
   1-50  home health or personal assistance services only to residents of
   1-51  the home or institution;
   1-52              (7)  a person who provides one health service through a
   1-53  contract with a person licensed under this chapter;
   1-54              (8)  a durable medical equipment supply company;
   1-55              (9)  a pharmacy or wholesale medical supply company
   1-56  that does not furnish services, other than supplies, to a person at
   1-57  the person's house;
   1-58              (10)  a hospital or other licensed health care facility
   1-59  that provides home health or personal assistance services only to
   1-60  inpatient residents of the hospital or facility;
   1-61              (11)  a person providing home health or personal
   1-62  assistance services to an injured employee under the Texas Workers'
   1-63  Compensation Act (Article 8308-1.01 et seq., Vernon's Texas Civil
   1-64  Statutes);
   1-65              (12)  a visiting nurse service that:
   1-66                    (A)  is conducted by and for the adherents of a
   1-67  well-recognized church or religious denomination; and
   1-68                    (B)  provides nursing services by a person exempt
    2-1  from licensing by Article 4528, Revised Statutes, because the
    2-2  person furnishes nursing care in which treatment is only by prayer
    2-3  or spiritual means;
    2-4              (13)  an individual hired and paid directly by the
    2-5  client or the client's family or legal guardian to provide home
    2-6  health or personal assistance services;
    2-7              (14)  a business, school, camp, or other organization
    2-8  that provides home health or personal assistance services,
    2-9  incidental to the organization's primary purpose, to individuals
   2-10  employed by or participating in programs offered by the business,
   2-11  school, or camp that enable the individual to participate fully in
   2-12  the business's, school's, or camp's programs;
   2-13              (15)  a person or organization providing
   2-14  sitter-companion services or chore or household services that do
   2-15  not involve personal care, health, or health-related services;
   2-16              (16)  a licensed health care facility that provides
   2-17  hospice services under a contract with a hospice;
   2-18              (17)  a person delivering residential acquired immune
   2-19  deficiency syndrome hospice care who is licensed and designated as
   2-20  a residential AIDS hospice under Chapter 248; or
   2-21              (18)  the Texas Department of Criminal Justice <until
   2-22  August 31, 1995, a state agency, mental retardation authority, or
   2-23  mental health authority providing the direct delivery of home
   2-24  health, hospice, or personal assistance services>.
   2-25        SECTION 3.  This Act takes effect September 1, 1995.
   2-26        SECTION 4.  The importance of this legislation and the
   2-27  crowded condition of the calendars in both houses create an
   2-28  emergency and an imperative public necessity that the
   2-29  constitutional rule requiring bills to be read on three several
   2-30  days in each house be suspended, and this rule is hereby suspended.
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