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A BILL TO BE ENTITLED
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AN ACT
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relating to the disregard or violation of a resident's advance |
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directive by a nursing institution; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 242.0663, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (d) to |
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read as follows: |
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(a) The department shall assess an administrative penalty |
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under this subchapter against an institution that: |
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(1) violates Section 166.004; or |
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(2) knowingly disregards or violates a resident's |
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advance directive. |
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(d) An action by a person, including an owner or employee of |
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an institution, to knowingly disregard or violate a resident's |
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advance directive constitutes abuse and neglect of the resident for |
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purposes of this chapter. |
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SECTION 2. Section 242.122, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) For purposes of this section, "abuse and neglect" |
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includes knowingly disregarding or violating a resident's advance |
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directive. |
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SECTION 3. This Act takes effect September 1, 2009. |