SRC-JEC C.S.S.B. 876 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 876
77R11458 JJT-FBy: Moncrief
Health & Human Services
4/9/2001
Committee Report (Substituted)

DIGEST AND PURPOSE 

Currently, there are federal standards relating to emergency behavioral
interventions in psychiatric and medical facilities and psychiatric
residential treatment centers.  However, each health and human services
agency promulgates its own rules regarding the appropriate use of
restraints and seclusions. The lack of consistency among agencies raises
concerns related to possible injury or death associated with the use of
restraints and seclusions, particularly in cases involving children.
C.S.S.B. 876 requires consistent standards for health care facilities in
the state, to be administered through the Health and Human Services
Commission, in order to provide an equal level of patient protection and
care regardless of the setting, payment source, or characteristics of the
populations. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to a health and human services
agency that regulates the care or treatment of a resident in SECTION 1
(Sections 322.004, 322.006, 322.007, and 322.010, Health and Safety Code),
and to the commissioner of health and human services in SECTION 1 (Section
322.010, Health and Safety Code) and to the Health and Human Services
Commission in SECTION 1 (Section 322.010, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 4G, Health and Safety Code, by adding Chapter 322,
as follows: 

CHAPTER 322. ADMINISTRATION OF RESTRAINT, SECLUSION, AND EMERGENCY
PSYCHOACTIVE MEDICATION IN CERTAIN HEALTH CARE FACILITIES 

Sec. 322.001.  FINDINGS. Sets forth legislative findings regarding
individual rights. 

 Sec. 322.002.  DEFINITIONS.  Defines "facility" and "health and human
services agency." 

Sec. 322.003.  APPLICABILITY.  Provides that this chapter applies to a
health and human services agency that regulates the care or treatment of a
resident of a facility. 

Sec. 322.004.  ADOPTION OF PROCEDURES.  Requires a health and human
services agency by rule to adopt procedures for administering to a resident
of a facility:  mechanical restraint; personal restraint; seclusion;
emergency psychoactive medication; and supportive and protective devices.
Requires the procedures to be consistent with this chapter and with the
right of a resident to be free from certain abusive behaviors. 

Sec. 322.005.  STAFF TRAINING.  Requires a facility to provide to its
staff, annually or more frequently if necessary, competency-based training
on the prevention and de-escalation of a resident's aggressive behavior and
the safe administration of mechanical and personal restraints. 

Sec. 322.006.  REPORT OF DEATH OR INJURY DURING OR AFTER RESTRAINT,
SECLUSION, OR EMERGENCY PSYCHOACTIVE MEDICATION.  (a)  Requires a  facility
to report to the appropriate law enforcement or regulatory agencies for
investigation each death of or serious injury to a resident of the facility
that occurs during the administration of, or less than 48 hours after the
termination of the administration of, restraint, seclusion, or emergency
psychoactive medication to the resident. 

(b) Requires each health and human services agency by rule to adopt methods
and procedures for reports required by Subsection (a) to be made by a
facility under the agency's jurisdiction. 

Sec. 322.007.  REPORTS ON ADMINISTRATION OF RESTRAINT, SECLUSION, AND
PSYCHOACTIVE MEDICATION.  Requires a health and human services agency that
regulates a facility to collect information each quarter related to the
facility's administration to the facility's residents in emergencies of
restraint, seclusion, and psychoactive medication. Requires certain
information to be included.  Requires the agency, annually, to submit an
analysis of the information collected under this section to the Health and
Human Services Commission (commission), the governor, and the presiding
officer of each house of the legislature.  Requires each health and human
services agency by rule to adopt methods and procedures for reporting the
analysis required by Subsection (c).  Requires the agency to deidentify any
information regarding individual residents or facilities. 

Sec. 322.008.  CERTAIN RESTRAINTS PROHIBITED.  Prohibits a person from
administering certain restraints to a resident of a facility. 

Sec. 322.009.  NEGOTIATED RULEMAKING.  Requires a health and human services
agency in adopting rules under this subchapter that affect a facility under
the jurisdiction of the agency to use the procedures provided by Chapter
2008 (Negotiated Rulemaking), Government Code. 

Sec. 322.010.  MEMORANDUM OF UNDERSTANDING.  (a) Requires the commissioner
of health and human services and the health and human services agencies
required to adopt rules under this chapter to execute a memorandum of
understanding to ensure that procedures and definitions of terms adopted by
the agencies in rules under this chapter are consistent among the agencies
and consistent with federal and state laws and rules regarding the use of
restraint, seclusion, or emergency psychoactive medication. 

(b) Requires the Health and Human Services Commission to adopt the
memorandum by rule. 

(c) Requires the commissioner of health and human services and the health
and human services agencies to review the memorandum annually and revise it
as necessary. 

SECTION 2.  Requires a health and human services agency described by
Section 322.003, Health and Safety Code, as added by this Act, to adopt
rules as necessary to implement Chapter 322, Health and Safety Code, as
added by this Act, not later than March 1, 2002. 

SECTION 3.  Effective date: September 1, 2001, except that SECTION 1 takes
effect March 1, 2002. 

SUMMARY OF COMMITTEE CHANGES

Differs from the original as follows:

_Amends the caption.

_Refers throughout the bill to "administration" of restraint, seclusion,
and emergency  psychoactive medication, rather than "use" of those methods. 

_Removes the previously proposed designation of subchapters.

_Sets forth legislative findings not included in the previously proposed
version as Section 322.001, Health and Safety Code, and redesignates
subsequent proposed Sections 322.001322.007 as 322.002-322.008. 

_Removes certain previously proposed definitions.

_Defines "facility" to provide that an intermediate care facility be
operated specifically by the Department of Mental Health and Mental
Retardation (MHMR) and not the Department of Human Services and MHMR, as in
the previously proposed definition. 

_In Section 322.005, regarding staff training, removes a requirement that
staff be trained in procedures for managing a resident's behavior in an
emergency and adds a requirement that the staff be trained in the safe
administration of mechanical and personal restraints. 

_In Section 322.006, adds a proposed Subsection (b) to grant rulemaking
authority to a health and human services agency and add a requirement for
that agency. 

_Expands the title of Section 322.007, and makes further provisions
regarding reports; also adds Subsection (d) to grant rulemaking authority
to a health and human services agency and add a requirement for that
agency. 

_Adds new provisions by adding Sections 322.009 and 322.010.

_Deletes previously proposed Sections 322.008-322.223, which made specific
provisions regarding the use of restraint, seclusion, or emergency
psychoactive medication in certain facilities. 

_In the implementation provision in SECTION 2, modifies the section number
referenced in the previously proposed version to conform it to the
redesignation in the substitute version, and changes the deadline from
January 1, 2002, to March 1, 2002. 

_In SECTION 3, the effective date clause, changes the effective date of
SECTION 1 from January 1, 2002, to March 1, 2002.