79R12952 YDB-D
By: Naishtat H.B. No. 3077
Substitute the following for H.B. No. 3077:
By: Naishtat C.S.H.B. No. 3077
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a work group to recommend
definitions, guidelines, and reporting requirements regarding the
management of behavior of residents at certain facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) In this Act:
(1) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(2) "Facility" means:
(A) a child-care institution, as defined by
Section 42.002, Human Resources Code, including a state-operated
facility, that is a residential treatment center or a child-care
institution serving children with mental retardation;
(B) an intermediate care facility licensed by the
Department of Aging and Disability Services under Chapter 252,
Health and Safety Code, or operated by the department and exempt
under Section 252.003, Health and Safety Code, from the licensing
requirements of that chapter;
(C) a mental hospital or mental health facility,
as defined by Section 571.003, Health and Safety Code;
(D) an institution, as defined by Section
242.002, Health and Safety Code;
(E) an assisted living facility, as defined by
Section 247.002, Health and Safety Code;
(F) a treatment facility, as defined by Section
464.001, Health and Safety Code;
(G) a facility under the jurisdiction of the
Texas Youth Commission; or
(H) a public or private juvenile detention or
correctional facility regulated by the Texas Juvenile Probation
Commission under Chapter 141, Human Resources Code.
(3) "Health and human services agency" means an agency
listed in Section 531.001, Government Code.
(4) "Regulatory agency" means a health and human
services agency, the Texas Juvenile Probation Commission, the Texas
Youth Commission, or any other agency of this state that regulates
or oversees facilities in which restraints, seclusion, or emergency
medication are used on facility residents. The term does not
include the Texas Department of Criminal Justice.
(b) Not later than November 1, 2005, the executive
commissioner, in cooperation with regulatory agencies, shall
establish a work group to develop and recommend definitions,
guidelines, and reporting requirements relating to the use of
restraints, seclusion, and emergency medication in the management
of behavior of facility residents.
(c) The work group is composed of:
(1) a representative of the Department of State Health
Services, who is appointed by the executive commissioner;
(2) a representative of the Department of Aging and
Disability Services, who is appointed by the executive
commissioner;
(3) a representative of the Department of Family and
Protective Services, who is appointed by the executive
commissioner;
(4) a representative of the Texas Youth Commission,
who is appointed by the executive director of that commission;
(5) a representative of the Texas Juvenile Probation
Commission, who is appointed by the executive director of that
commission;
(6) a representative of this state's protection and
advocacy system established as required by 42 U.S.C. Section 15043,
who is appointed by the administrative head of that system; and
(7) the number of additional members determined by the
executive commissioner and who are appointed by the executive
commissioner and are recognized experts representing the interests
of facility residents, including advocates, family members,
physicians, social workers, psychiatric nurses, and
representatives of hospitals licensed under Chapter 241 or 577,
Health and Safety Code.
(d) The work group shall solicit comments from
representatives of facilities and appropriate associations and
industry groups and shall provide opportunities for those persons
to appear before the work group to discuss the definitions,
guidelines, and reporting requirements the work group is charged
with recommending under this section. Except as specifically
provided by Subsection (c)(7) of this section, a representative of
a facility or of an interested association or industry group may not
serve as a member of the work group.
(e) The work group shall:
(1) recommend definitions, guidelines, and reporting
requirements related to the management of behavior of facility
residents to be adopted and implemented by all state health and
human services agencies;
(2) recommend guidelines for adoption by health and
human services agencies on the use of restraints and the
administration of emergency medication by facility employees to
prevent the death of or serious injury to facility residents
related to the administration of emergency medication or use of
restraint;
(3) recommend guidelines for adoption by regulatory
agencies on the use of seclusion on facility residents; and
(4) develop and recommend a comprehensive reporting
system to be implemented by regulatory agencies that at a minimum:
(A) collects and analyzes data related to the use
of:
(i) behavioral and physical interventions
by facility employees to manage the behavior of facility residents
in an emergency; and
(ii) medication administered in an
emergency by facility employees to facility residents without the
consent of the residents;
(B) complies with federal reporting
requirements;
(C) documents the death or serious injury of a
facility resident related to a facility employee's physical
intervention or use of restraint, including the administration of
medication; and
(D) documents the death or serious injury of a
facility employee during a physical intervention or restraint of a
facility resident.
(f) Not later than July 1, 2006, the executive commissioner
shall file a report with the governor, lieutenant governor, speaker
of the house of representatives, and appropriate committees of the
senate and the house of representatives on:
(1) the actions taken by regulatory agencies to
implement the work group's recommended definitions, guidelines,
and reporting requirements, including the rules adopted by the
agencies; and
(2) any recommendations for legislation necessary to
implement the work group's recommendations.
SECTION 2. This Act expires January 1, 2007.
SECTION 3. This Act takes effect September 1, 2005.