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Amend HB 920 on third reading by striking Section 1.09 of the
bill as amended on second reading by amendment Nos. 3 and 4 and
substituting:
SECTION 1.09. Section 48.208, Human Resources Code, is
amended by amending Subsection (e) and adding Subsections (c-1),
(c-2), (c-3), (c-4), (c-5), (d-1), (e-1), and (e-2) to read as
follows:
(c-1) Notwithstanding Subsection (c)(4), in lieu of a
medical report described by Subsection (c)(4), the petition may
include an assessment of the elderly or disabled person's health
status as described by Subsection (c-2) or psychological status as
described by Subsection (c-3), or a medical opinion of the elderly
or disabled person's health status as described by Subsection
(c-4), if the department determines, after making a good faith
effort, that a physician from whom the department may obtain the
medical report is unavailable. The department shall ensure that the
person who performs an assessment of the elderly or disabled
person's health or psychological status has training and experience
in performing the applicable assessment.
(c-2) Except as provided by Subsection (c-4), an assessment
of the elderly or disabled person's health status must be performed
by a physician assistant or advanced practice nurse. The person
performing the assessment shall sign a report stating:
(1) that the elderly or disabled person is reported to
be suffering from abuse, neglect, or exploitation, which may
present a threat to the person's life or physical safety;
(2) whether the elderly or disabled person has provided
the person's medical history to the physician assistant or advanced
practice nurse, as applicable; and
(3) that in the professional opinion of the physician
assistant or advanced practice nurse, as applicable, the issuance
of an emergency order authorizing protective services without the
elderly or disabled person's consent is necessary under the
circumstances.
(c-3) An assessment of the elderly or disabled person's
psychological status must be performed by a licensed psychologist
or master social worker who has training and expertise in issues
related to abuse, neglect, and exploitation. The person performing
the assessment shall sign a report stating:
(1) that the elderly or disabled person is reported to
be suffering from abuse, neglect, or exploitation, which may
present a threat to the person's life or physical safety; and
(2) that in the professional opinion of the licensed
psychologist or master social worker, as applicable, the issuance
of an emergency order authorizing protective services without the
elderly or disabled person's consent is necessary under the
circumstances.
(c-4) A registered nurse may perform a nursing assessment of
the elderly or disabled person's health status. If the registered
nurse, based on the registered nurse's professional nursing
judgment, determines that the elderly or disabled person is likely
to be suffering from abuse, neglect, or exploitation, which may
present a threat to the person's life or physical safety, the
registered nurse shall report that assessment to a physician. After
the registered nurse reports the assessment, the physician shall
sign a written opinion stating whether:
(1) the elderly or disabled person is reported to be
suffering from abuse, neglect, or exploitation, which may present a
threat to the person's life or physical safety; and
(2) the issuance of an emergency order authorizing
protective services without the elderly or disabled person's
consent is necessary under the circumstances.
(c-5) The physician may use the registered nurse's
assessment of the elderly or disabled person's health status as the
basis of the physician's professional opinion under Subsection
(c-4).
(d-1) If the court renders an order that is based on a
petition including an assessment under Subsection (c-2) or (c-3) or
a medical opinion under Subsection (c-4), the court shall order
that the elderly or disabled person be examined by a physician not
later than 72 hours after the time the provision of protective
services begins. After performing the examination, the physician
shall sign and submit to the court a medical report stating the
physician's opinion whether the elderly or disabled person is:
(1) suffering from abuse, neglect, or exploitation
presenting a threat to life or physical safety; and
(2) physically or mentally incapable of consenting to
services.
(e) The emergency order expires at the end of 72 hours from
the time [of] the order is rendered unless:
(1) the emergency order terminates as provided by
Subsection (e-1);
(2) the 72-hour period ends on a Saturday, Sunday, or
legal holiday in which event the order is automatically extended to
4 p.m. on the first succeeding business day; or
(3) the court extends the order as provided by
Subsection (e-2).
(e-1) An emergency order that was rendered based on a
petition that included an assessment under Subsection (c-2) or
(c-3) or a medical opinion under Subsection (c-4) immediately
terminates if the medical report issued under Subsection (d-1)
states the physician's opinion that the elderly or disabled person:
(1) is not suffering from abuse, neglect, or
exploitation presenting a threat to life or physical safety; or
(2) is physically or mentally capable of consenting to
services.
(e-2) The court may extend an emergency order issued under
this section [An order may be renewed] for a period of not more than
30 [14 additional] days. An extension [A renewal] order that ends on
a Saturday, Sunday, or legal holiday is automatically extended to 4
p.m. on the first succeeding business day. The court may modify or
terminate the emergency order on petition of the department, the
incapacitated person, or any person interested in his welfare.