This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.



	
Amend CSHB 920 by striking SECTION 1.09 and inserting in lieu 
thereof the following:
	SECTION ___.  Section 48.208, Human Resources Code, is 
amended by amending Subsection (e) and adding Subsections (c-1), 
(c-2), (c-3), and (d-1) to read as follows:
	(c-1)  Notwithstanding Subsection (c) (4), the petition may 
include an assessment of the elderly or disabled person's health or 
psychological status as described by Subsection (c-2) or (c-3) in 
lieu of a medical report 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)  An assessment of the elderly or disabled person's 
health may be completed by a physician assistant or advanced 
practice nurse and must state:
		(1)  that the person is reported to be suffering from 
abuse, neglect, or exploitation, which may present a threat to life 
or physical safety;
		(2)  whether the person has provided the person's 
medical history to the physician assistant or advanced practice 
nurse, as applicable; and
		(3)  the professional opinion of the physician 
assistant or advanced practice nurse, as applicable, that under the 
circumstances a temporary order of emergency services without the 
person's consent is necessary.
	(c-3)  an assessment of the elderly or disabled person's 
psychological status may be completed by a licensed psychologist or 
master social worker who has training and expertise in issues 
related to abuse, neglect, and exploitation, and must state:
		(1)  that the person is reported to be suffering from 
abuse, neglect, or exploitation, which may present a threat to life 
or physical safety; and
		(2)  the professional opinion of the psychologist or 
master social worker, as applicable, that under the circumstances a 
temporary order of emergency services without the person's consent 
is necessary.
	(d-1)  If the court enters an order described by Subsection 
(d) that is based on a petition that did not include a medical 
report described by 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 provision of protective services begins.
	(e)  The emergency order expires at the end of 72 hours from 
the time of the order unless 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. An order 
may be renewed for not more than 30 [14] additional days, except 
that an order that was based on a petition that did not include a 
medical report described by Subsection (c) (4) may not be renewed 
unless a medical report described by Subsection (c) (4) is filed 
with the request for the renewal. 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.