1-1     By:  Moncrief, et al.                                  S.B. No. 876
 1-2           (In the Senate - Filed February 22, 2001; February 26, 2001,
 1-3     read first time and referred to Committee on Health and Human
 1-4     Services; April 10, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 6, Nays 1;
 1-6     April 10, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 876                 By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the administration of restraint, seclusion, and
1-11     emergency psychoactive medication to residents of certain health
1-12     care facilities.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Subtitle G, Title 4, Health and Safety Code, is
1-15     amended by adding Chapter 322 to read as follows:
1-16     CHAPTER 322.  ADMINISTRATION OF RESTRAINT, SECLUSION, AND EMERGENCY
1-17                     PSYCHOACTIVE MEDICATION IN CERTAIN
1-18                           HEALTH CARE FACILITIES
1-19           Sec. 322.001.  FINDINGS.  The legislature finds that:
1-20                 (1)  an individual has the right to be free from the
1-21     imposition of restraint or seclusion for management of the
1-22     individual's behavior unless the individual is presenting an
1-23     imminent risk of harm to self or others;
1-24                 (2)  an individual has the right to be free from the
1-25     imposition of restraint or seclusion as a means of coercion or
1-26     discipline of, or retaliation against, the individual and free from
1-27     the imposition of restraint or coercion for the convenience of a
1-28     health care worker;
1-29                 (3)  an individual has the right to an individualized
1-30     plan for the individual's treatment or care that provides for
1-31     freedom of movement in a safe environment; and
1-32                 (4)  an individual should not be restrained or secluded
1-33     except in accordance with safe and appropriate techniques
1-34     corresponding to the individual's condition.
1-35           Sec. 322.002.  DEFINITIONS.  In this chapter:
1-36                 (1)  "Facility" means:
1-37                       (A)  a child-care institution, as defined by
1-38     Section 42.002, Human Resources Code, that is licensed by the
1-39     Department of Protective and Regulatory Services as a residential
1-40     treatment center or an institution serving children with mental
1-41     retardation;
1-42                       (B)  an intermediate care facility licensed by
1-43     the Texas Department of Human Services under Chapter 252 or
1-44     operated by the Texas Department of Mental Health and Mental
1-45     Retardation and exempt under Section 252.003 from the licensing
1-46     requirements of that chapter;
1-47                       (C)  a mental hospital or mental health facility,
1-48     as defined by Section 571.003;
1-49                       (D)  a nursing facility, as defined by Section
1-50     242.301; or
1-51                       (E)  an assisted living facility, as defined by
1-52     Section 247.002.
1-53                 (2)  "Health and human services agency" means an agency
1-54     listed in Section 531.001, Government Code.
1-55           Sec. 322.003.  APPLICABILITY.  This chapter applies to a
1-56     health and human services agency that regulates the care or
1-57     treatment of a resident of a facility.
1-58           Sec. 322.004.  ADOPTION OF PROCEDURES.  (a)  A health and
1-59     human services agency by rule shall adopt procedures for
1-60     administering to a resident of a facility:
1-61                 (1)  mechanical restraint;
1-62                 (2)  personal restraint;
1-63                 (3)  seclusion;
1-64                 (4)  emergency psychoactive medication; and
 2-1                 (5)  supportive and protective devices.
 2-2           (b)  The procedures must be consistent with this chapter and
 2-3     with the right of a resident to be free from:
 2-4                 (1)  physical or mental abuse;
 2-5                 (2)  corporal punishment; and
 2-6                 (3)  the use of restraints or seclusion:
 2-7                       (A)  as punishment;
 2-8                       (B)  as a substitute for treatment or
 2-9     habilitation;
2-10                       (C)  for the convenience of facility staff; or
2-11                       (D)  to compensate for a lack of facility staff.
2-12           Sec. 322.005.  STAFF TRAINING.  A facility shall provide to
2-13     its staff, annually or more frequently if necessary,
2-14     competency-based training on:
2-15                 (1)  the prevention and de-escalation of a resident's
2-16     aggressive behavior; and
2-17                 (2)  the safe administration of mechanical and personal
2-18     restraints.
2-19           Sec. 322.006.  REPORT OF DEATH OR INJURY DURING OR AFTER
2-20     RESTRAINT, SECLUSION, OR EMERGENCY PSYCHOACTIVE MEDICATION.  (a)  A
2-21     facility shall report to the appropriate law enforcement or
2-22     regulatory agencies for investigation each death of or serious
2-23     injury to a resident of the facility that occurs during the
2-24     administration of, or less than 48 hours after the termination of
2-25     the administration of, restraint, seclusion, or emergency
2-26     psychoactive medication to the resident.
2-27           (b)  Each health and human services agency by rule shall
2-28     adopt methods and procedures for reports required by Subsection (a)
2-29     to be made by a facility under the agency's jurisdiction.
2-30           Sec. 322.007.  REPORTS ON ADMINISTRATION OF RESTRAINT,
2-31     SECLUSION, AND PSYCHOACTIVE MEDICATION.  (a)  Each quarter, a
2-32     health and human services agency that regulates a facility shall
2-33     collect information related to the facility's administration to the
2-34     facility's residents in emergencies of restraint, seclusion, and
2-35     psychoactive medication.
2-36           (b)  The information must include:
2-37                 (1)  the age, race, sex, and number of residents on
2-38     whom restraint, seclusion, or psychoactive medication is
2-39     administered; and
2-40                 (2)  autopsy findings for each death of a resident that
2-41     occurs before the 15th day after the date of the use of restraint,
2-42     seclusion, or psychoactive medication, if an autopsy is performed.
2-43           (c)  The agency annually shall submit an analysis of the
2-44     information collected under this section to the Health and Human
2-45     Services Commission, the governor, and the presiding officer of
2-46     each house of the legislature.
2-47           (d)  Each health and human services agency by rule shall
2-48     adopt methods and procedures for reporting the analysis required by
2-49     Subsection (c).  The agency must de-identify any information
2-50     regarding individual residents or facilities.
2-51           Sec. 322.008.  CERTAIN RESTRAINTS PROHIBITED.  A person may
2-52     not administer a restraint to a resident of a facility that:
2-53                 (1)  maintains the resident in a face-down posture
2-54     while pressure is placed on the resident's back;
2-55                 (2)  obstructs the resident's airway;
2-56                 (3)  impairs the resident's breathing; or
2-57                 (4)  restricts the resident's ability to communicate.
2-58           Sec. 322.009.  NEGOTIATED RULEMAKING.  A health and human
2-59     services agency in adopting rules under this subchapter that affect
2-60     a facility under the jurisdiction of the agency shall use the
2-61     procedures provided by Chapter 2008, Government Code.
2-62           Sec. 322.010.  MEMORANDUM OF UNDERSTANDING.  (a)  The
2-63     commissioner of health and human services and the health and human
2-64     services agencies required to adopt rules under this chapter shall
2-65     execute a memorandum of understanding to ensure that procedures and
2-66     definitions of terms adopted by the agencies in rules under this
2-67     chapter are consistent:
2-68                 (1)  among the agencies; and
2-69                 (2)  with federal and state laws and rules regarding
 3-1     the use of restraint, seclusion, or emergency psychoactive
 3-2     medication.
 3-3           (b)  The Health and Human Services Commission shall adopt the
 3-4     memorandum by rule.
 3-5           (c)  The commissioner of health and human services and the
 3-6     health and human services agencies shall review the memorandum
 3-7     annually and revise the memorandum as necessary.
 3-8           SECTION 2.  A health and human services agency described by
 3-9     Section 322.003, Health and Safety Code, as added by this Act,
3-10     shall adopt rules as necessary to implement Chapter 322, Health and
3-11     Safety Code, as added by this Act, not later than March 1, 2002.
3-12           SECTION 3.  This Act takes effect September 1, 2001, except
3-13     that Section 1 takes effect March 1, 2002.
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