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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of a resident in a nursing home or related |
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institution to bring an action in court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 242.501(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department by rule shall adopt a statement of the |
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rights of a resident. The statement must be consistent with Chapter |
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102, Human Resources Code, but shall reflect the unique |
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circumstances of a resident at an institution. At a minimum, the |
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statement of the rights of a resident must address the resident's |
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constitutional, civil, and legal rights and the resident's right: |
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(1) to be free from abuse and exploitation; |
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(2) to safe, decent, and clean conditions; |
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(3) to be treated with courtesy, consideration, and |
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respect; |
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(4) to not be subjected to discrimination based on |
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age, race, religion, sex, nationality, or disability and to |
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practice the resident's own religious beliefs; |
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(5) to place in the resident's room an electronic |
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monitoring device that is owned and operated by the resident or |
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provided by the resident's guardian or legal representative; |
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(6) to privacy, including privacy during visits and |
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telephone calls; |
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(7) to complain about the institution and to organize |
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or participate in any program that presents residents' concerns to |
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the administrator of the institution; |
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(8) to retain an attorney and bring a suit in a court; |
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(9) to have information about the resident in the |
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possession of the institution maintained as confidential; |
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(10) [(9)] to retain the services of a physician the |
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resident chooses, at the resident's own expense or through a health |
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care plan, and to have a physician explain to the resident, in |
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language that the resident understands, the resident's complete |
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medical condition, the recommended treatment, and the expected |
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results of the treatment, including reasonably expected effects, |
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side effects, and risks associated with psychoactive medications; |
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(11) [(10)] to participate in developing a plan of |
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care, to refuse treatment, and to refuse to participate in |
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experimental research; |
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(12) [(11)] to a written statement or admission |
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agreement describing the services provided by the institution and |
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the related charges; |
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(13) [(12)] to manage the resident's own finances or |
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to delegate that responsibility to another person; |
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(14) [(13)] to access money and property that the |
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resident has deposited with the institution and to an accounting of |
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the resident's money and property that are deposited with the |
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institution and of all financial transactions made with or on |
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behalf of the resident; |
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(15) [(14)] to keep and use personal property, secure |
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from theft or loss; |
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(16) [(15)] to not be relocated within the |
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institution, except in accordance with standards adopted by the |
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department under Section 242.403; |
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(17) [(16)] to receive visitors; |
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(18) [(17)] to receive unopened mail and to receive |
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assistance in reading or writing correspondence; |
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(19) [(18)] to participate in activities inside and |
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outside the institution; |
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(20) [(19)] to wear the resident's own clothes; |
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(21) [(20)] to discharge himself or herself from the |
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institution unless the resident is an adjudicated mental |
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incompetent; |
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(22) [(21)] to not be discharged from the institution |
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except as provided in the standards adopted by the department under |
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Section 242.403; |
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(23) [(22)] to be free from any physical or chemical |
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restraints imposed for the purposes of discipline or convenience, |
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and not required to treat the resident's medical symptoms; and |
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(24) [(23)] to receive information about prescribed |
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psychoactive medication from the person prescribing the medication |
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or that person's designee, to have any psychoactive medications |
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prescribed and administered in a responsible manner, as mandated by |
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Section 242.505, and to refuse to consent to the prescription of |
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psychoactive medications. |
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SECTION 2. Not later than January 1, 2010, the executive |
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commissioner of the Health and Human Services Commission shall by |
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rule adopt a revised statement of the rights of a resident as |
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required by Section 242.501, Health and Safety Code, as amended by |
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this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |