HBA-NMO H.B. 3424 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3424 By: Najera Public Health 4/8/1999 Introduced BACKGROUND AND PURPOSE Current law regulates the treatment of persons with mental illnesses. Such treatment includes the use of restraint, seclusion, and emergency medication. While some providers of mental health care are exploring and implementing ways to reduce the use of restraint and seclusion, others see these methods as necessary in justified situations. H.B. 3424 regulates the use of restraint, seclusion, and emergency medication in psychiatric hospitals and long-term care facilities. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to an entity which regulates care and treatment in nursing homes, public and private hospitals, intermediate care facilities, personal care facilities, residential treatment centers, and foster care facilities in SECTION 1 (Section 579.002, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle C, Title 7, Health and Safety Code, by adding Chapter 579, as follows: CHAPTER 579. USE OF RESTRAINT, SECLUSION AND EMERGENCY MEDICATION IN PSYCHIATRIC HOSPITALS AND LONG TERM CARE FACILITIES Sec. 579.001. DEFINITIONS. Defines "chemical restraint," "emergency," "mechanical restraint," "seclusion," "supportive devices," "physical restraint," "PRN," and "protective devices." Sec. 579.002. IN GENERAL. Requires an entity which regulates care and treatment in nursing homes, public and private hospitals, intermediate care facilities, personal care facilities, residential treatment centers, and foster care facilities to promulgate rules consistent with certain standards under which physical restraint, mechanical restraint, seclusion, emergency medication, supportive devices, or protective devices can be used. Sec. 579.003. IMPLEMENTATION. Sets forth the procedures for the determination to use and the use of seclusion, physical restraint, or mechanical restraints. Sec. 579.004. USE OF SUPPORTIVE DEVICES. Provides that the use of supportive devices is considered adjunct to proper care of an individual, but must be reviewed by the treatment team. Provides for the development of a plan to identify and overcome the need for the protective device. Prohibits the use of supportive devices as a substitute for appropriate nursing rehabilitative or habilitative care. Sec. 579.005. USE OF PROTECTIVE DEVICES. Authorizes the use of protective devices to prevent self injury, but provides that the use must be reviewed by the treatment team. Provides for the development of a plan to identify and overcome the need for the protective device. Prohibits the use of protective devices as a substitute for appropriate nursing rehabilitative or habilitative care. Sec. 579.006. REPORTS. Requires the collection and analysis of data relating to the administration of mechanical restraints, seclusion and emergency medication by each regulating agency on a quarterly and annual basis. Provides for the submission of summary reports to the governor and the presiding officer of each house of the legislature. Requires the data to include certain information. SECTION 2. This Act takes effect September 1, 1999. SECTION 3. Emergency clause.