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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.