By Madla                                                S.B. No. 62
         76R2022 CMR-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to video cameras in the rooms of residents of nursing
 1-3     homes or related institutions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 242.501(a), Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           (a)  The department by rule shall adopt a statement of the
 1-8     rights of a resident.  The statement must be consistent with
 1-9     Chapter 102, Human Resources Code, but shall reflect the unique
1-10     circumstances of a resident at an institution.  At a minimum, the
1-11     statement of the rights of a resident must address the resident's
1-12     constitutional, civil, and legal rights and the resident's right:
1-13                 (1)  to be free from abuse and exploitation;
1-14                 (2)  to safe, decent, and clean conditions;
1-15                 (3)  to be treated with courtesy, consideration, and
1-16     respect;
1-17                 (4)  to not be subjected to discrimination based on
1-18     age, race, religion, sex, nationality, or disability and to
1-19     practice the resident's own religious beliefs;
1-20                 (5)  to post a video camera in the resident's room that
1-21     is owned and operated by the resident or provided by the resident's
1-22     next of kin at the  request of the resident;
1-23                 (6)  to privacy, including privacy during visits and
1-24     telephone calls;
 2-1                 (7) [(6)]  to complain about the institution and to
 2-2     organize or participate in any program that presents residents'
 2-3     concerns to the  administrator of the institution;
 2-4                 (8) [(7)]  to have information about the resident in
 2-5     the possession of the institution maintained as confidential;
 2-6                 (9) [(8)]  to retain the services of a physician the
 2-7     resident chooses, at the resident's own expense or through a health
 2-8     care plan, and to  have a physician explain to the resident, in
 2-9     language that the resident understands, the resident's complete
2-10     medical condition, the recommended treatment, and the expected
2-11     results of the treatment;
2-12                 (10) [(9)]  to participate in developing a plan of
2-13     care, to refuse treatment, and to refuse to participate in
2-14     experimental research;
2-15                 (11) [(10)]  to a written statement or admission
2-16     agreement describing the services provided by the institution and
2-17     the related charges;
2-18                 (12) [(11)]  to manage the resident's own finances or
2-19     to delegate that responsibility to another person;
2-20                 (13) [(12)]  to access money and property that the
2-21     resident has deposited with the institution and to an accounting of
2-22     the resident's money  and property that are deposited with the
2-23     institution and of all financial transactions made with or on
2-24     behalf of the resident;
2-25                 (14) [(13)]  to keep and use personal property, secure
2-26     from theft or loss;
2-27                 (15) [(14)]  to not be relocated within the
 3-1     institution, except in accordance with standards adopted by the
 3-2     department under Section 242.403;
 3-3                 (16) [(15)]  to receive visitors;
 3-4                 (17) [(16)]  to receive unopened mail and to receive
 3-5     assistance in reading or writing correspondence;
 3-6                 (18) [(17)]  to participate in activities inside and
 3-7     outside the institution;
 3-8                 (19) [(18)]  to wear the resident's own clothes;
 3-9                 (20) [(19)]  to discharge himself or herself from the
3-10     institution unless the resident is an adjudicated mental
3-11     incompetent;
3-12                 (21) [(20)]  to not be discharged from the institution
3-13     except as provided in the standards adopted by the department under
3-14     Section 242.403; and
3-15                 (22) [(21)]  to be free from any physical or chemical
3-16     restraints imposed for the purposes of discipline or convenience,
3-17     and not required to treat the resident's medical symptoms.
3-18           SECTION 2.  The importance of this legislation and the
3-19     crowded condition of the calendars in both houses create an
3-20     emergency and an imperative public necessity that the
3-21     constitutional rule requiring bills to be read on three several
3-22     days in each house be suspended, and this rule is hereby suspended,
3-23     and that this Act take effect and be in force from and after its
3-24     passage, and it is so enacted.