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.