By:  Moncrief, et al.                                  S.B. No. 876
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the administration of restraint, seclusion, and
 1-3     emergency psychoactive medication to residents of certain health
 1-4     care facilities.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subtitle G, Title 4, Health and Safety Code, is
 1-7     amended by adding Chapter 322 to read as follows:
 1-8     CHAPTER 322.  ADMINISTRATION OF RESTRAINT, SECLUSION, AND EMERGENCY
 1-9                     PSYCHOACTIVE MEDICATION IN CERTAIN
1-10                           HEALTH CARE FACILITIES
1-11           Sec. 322.001.  FINDINGS.  The legislature finds that:
1-12                 (1)  an individual has the right to be free from the
1-13     imposition of restraint or seclusion for management of the
1-14     individual's behavior unless the individual is presenting an
1-15     imminent risk of harm to self or others;
1-16                 (2)  an individual has the right to be free from the
1-17     imposition of restraint or seclusion as a means of coercion or
1-18     discipline of, or retaliation against, the individual and free from
1-19     the imposition of restraint or coercion for the convenience of a
1-20     health care worker;
1-21                 (3)  an individual has the right to an individualized
1-22     plan for the individual's treatment or care that provides for
1-23     freedom of movement in a safe environment; and
1-24                 (4)  an individual should not be restrained or secluded
1-25     except in accordance with safe and appropriate techniques
 2-1     corresponding to the individual's condition.
 2-2           Sec. 322.002.  DEFINITIONS.  In this chapter:
 2-3                 (1)  "Facility" means:
 2-4                       (A)  a child-care institution, as defined by
 2-5     Section 42.002, Human Resources Code, that is licensed by the
 2-6     Department of Protective and Regulatory Services as a residential
 2-7     treatment center or an institution serving children with mental
 2-8     retardation;
 2-9                       (B)  an intermediate care facility licensed by
2-10     the Texas Department of Human Services under Chapter 252 or
2-11     operated by the Texas Department of Mental Health and Mental
2-12     Retardation and exempt under Section 252.003 from the licensing
2-13     requirements of that chapter;
2-14                       (C)  a mental hospital or mental health facility,
2-15     as defined by Section 571.003;
2-16                       (D)  a nursing facility, as defined by Section
2-17     242.301; or
2-18                       (E)  an assisted living facility, as defined by
2-19     Section 247.002.
2-20                 (2)  "Health and human services agency" means an agency
2-21     listed in Section 531.001, Government Code.
2-22           Sec. 322.003.  APPLICABILITY.  This chapter applies to a
2-23     health and human services agency that regulates the care or
2-24     treatment of a resident of a facility.
2-25           Sec. 322.004.  ADOPTION OF PROCEDURES.  (a)  A health and
2-26     human services agency by rule shall adopt procedures for
 3-1     administering to a resident of a facility:
 3-2                 (1)  mechanical restraint;
 3-3                 (2)  personal restraint;
 3-4                 (3)  seclusion;
 3-5                 (4)  emergency psychoactive medication; and
 3-6                 (5)  supportive and protective devices.
 3-7           (b)  The procedures must be consistent with this chapter and
 3-8     with the right of a resident to be free from:
 3-9                 (1)  physical or mental abuse;
3-10                 (2)  corporal punishment; and
3-11                 (3)  the use of restraints or seclusion:
3-12                       (A)  as punishment;
3-13                       (B)  as a substitute for treatment or
3-14     habilitation;
3-15                       (C)  for the convenience of facility staff; or
3-16                       (D)  to compensate for a lack of facility staff.
3-17           Sec. 322.005.  STAFF TRAINING.  A facility shall provide to
3-18     its staff, annually or more frequently if necessary,
3-19     competency-based training on:
3-20                 (1)  the prevention and de-escalation of a resident's
3-21     aggressive behavior; and
3-22                 (2)  the safe administration of mechanical and personal
3-23     restraints.
3-24           Sec. 322.006.  REPORT OF DEATH OR INJURY DURING OR AFTER
3-25     RESTRAINT, SECLUSION, OR EMERGENCY PSYCHOACTIVE MEDICATION.  (a)  A
3-26     facility shall report to the appropriate law enforcement or
 4-1     regulatory agencies for investigation each death of or serious
 4-2     injury to a resident of the facility that occurs during the
 4-3     administration of, or less than 48 hours after the termination of
 4-4     the administration of, restraint, seclusion, or emergency
 4-5     psychoactive medication to the resident.
 4-6           (b)  Each health and human services agency by rule shall
 4-7     adopt methods and procedures for reports required by Subsection (a)
 4-8     to be made by a facility under the agency's jurisdiction.
 4-9           Sec. 322.007.  REPORTS ON ADMINISTRATION OF RESTRAINT,
4-10     SECLUSION, AND PSYCHOACTIVE MEDICATION.  (a)  Each quarter, a
4-11     health and human services agency that regulates a facility shall
4-12     collect information related to the facility's administration to the
4-13     facility's residents in emergencies of restraint, seclusion, and
4-14     psychoactive medication.
4-15           (b)  The information must include:
4-16                 (1)  the age, race, sex, and number of residents on
4-17     whom restraint, seclusion, or psychoactive medication is
4-18     administered; and
4-19                 (2)  autopsy findings for each death of a resident that
4-20     occurs before the 15th day after the date of the use of restraint,
4-21     seclusion, or psychoactive medication, if an autopsy is performed.
4-22           (c)  The agency annually shall submit an analysis of the
4-23     information collected under this section to the Health and Human
4-24     Services Commission, the governor, and the presiding officer of
4-25     each house of the legislature.
4-26           (d)  Each health and human services agency by rule shall
 5-1     adopt methods and procedures for reporting the analysis required by
 5-2     Subsection (c).  The agency must de-identify any information
 5-3     regarding individual residents or facilities.
 5-4           Sec. 322.008.  CERTAIN RESTRAINTS PROHIBITED.  A person may
 5-5     not administer a restraint to a resident of a facility that:
 5-6                 (1)  maintains the resident in a face-down posture
 5-7     while pressure is placed on the resident's back;
 5-8                 (2)  obstructs the resident's airway;
 5-9                 (3)  impairs the resident's breathing; or
5-10                 (4)  restricts the resident's ability to communicate.
5-11           Sec. 322.009.  NEGOTIATED RULEMAKING.  A health and human
5-12     services agency in adopting rules under this subchapter that affect
5-13     a facility under the jurisdiction of the agency shall use the
5-14     procedures provided by Chapter 2008, Government Code.
5-15           Sec. 322.010.  MEMORANDUM OF UNDERSTANDING.  (a)  The
5-16     commissioner of health and human services and the health and human
5-17     services agencies required to adopt rules under this chapter shall
5-18     execute a memorandum of understanding to ensure that procedures and
5-19     definitions of terms adopted by the agencies in rules under this
5-20     chapter are consistent:
5-21                 (1)  among the agencies; and
5-22                 (2)  with federal and state laws and rules regarding
5-23     the use of restraint, seclusion, or emergency psychoactive
5-24     medication.
5-25           (b)  The Health and Human Services Commission shall adopt the
5-26     memorandum by rule.
 6-1           (c)  The commissioner of health and human services and the
 6-2     health and human services agencies shall review the memorandum
 6-3     annually and revise the memorandum as necessary.
 6-4           SECTION 2.  A health and human services agency described by
 6-5     Section 322.003, Health and Safety Code, as added by this Act,
 6-6     shall adopt rules as necessary to implement Chapter 322, Health and
 6-7     Safety Code, as added by this Act, not later than March 1, 2002.
 6-8           SECTION 3.  This Act takes effect September 1, 2001, except
 6-9     that Section 1 takes effect March 1, 2002.