By: Wentworth  S.B. No. 1663
         (In the Senate - Filed March 10, 2009; March 20, 2009, read
  first time and referred to Committee on Health and Human Services;
  April 24, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 0; April 24, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1663 By:  Nichols
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the disregard or violation of a resident's advance
  directive by a nursing institution; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 242.061, Health and Safety Code, is
  amended by adding Subsection (a-1) to read as follows:
         (a-1)  The department, after providing notice and
  opportunity for a hearing to a license holder, shall suspend or
  revoke a license if the department finds that the license holder has
  been assessed three or more administrative penalties for violating
  Section 242.0663(a)(2).
         SECTION 2.  Section 242.0663, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (d) to
  read as follows:
         (a)  The department shall assess an administrative penalty
  under this subchapter against an institution that:
               (1)  violates Section 166.004; or
               (2)  employs or has on staff a health care practitioner
  who knowingly disregards or violates a resident's advance directive
  if the institution has included a statement in its written policies
  maintained under Section 166.004 that the institution will follow a
  resident's advance directive.
         (d)  An action by a person, including an owner or employee of
  an institution, to knowingly disregard or violate a resident's
  advance directive in violation of a written policy maintained under
  Section 166.004 constitutes abuse and neglect of the resident for
  purposes of this chapter.
         SECTION 3.  Section 242.122, Health and Safety Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  For purposes of this section, "abuse and neglect"
  includes knowingly disregarding or violating a resident's advance
  directive in violation of a written policy maintained under Section
  166.004.
         SECTION 4.  This Act takes effect September 1, 2009.
 
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