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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of pro re nata psychoactive medications in |
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certain residential health care facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 576, Health and Safety |
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Code, is amended by adding Section 576.0245 to read as follows: |
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Sec. 576.0245. ADMINISTRATION OF PSYCHOACTIVE MEDICATIONS. |
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(a) For each health and human services agency that regulates the |
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care or treatment of a resident at a facility as defined by Section |
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322.001, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules to govern the administration |
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of pro re nata psychoactive medications. |
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(b) The rules must: |
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(1) prohibit a health care practitioner authorized |
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under the laws of this state to issue a prescription drug order from |
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prescribing to a resident of a facility a pro re nata psychoactive |
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medication administered by injection unless the drug is |
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administered in a psychiatric emergency or under a court order; and |
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(2) require the practitioner to document in the |
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resident's clinical record the use of psychoactive medication in a |
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psychiatric emergency using specific medical and behavioral terms. |
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(c) A nurse licensed in this state and employed by a |
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facility may not in an emergency administer psychoactive medication |
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by injection unless the nurse has attended the training required by |
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rule of the executive commissioner of the Health and Human Services |
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Commission. The training must address the criteria that must be met |
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to administer the medication in a psychiatric emergency. |
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(d) A person employed by a facility shall attend training on |
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a resident's consent to treatment and refusal of consent to |
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treatment as prescribed by rule of the executive commissioner of |
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the Health and Human Services Commission. The training must include |
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information to equip staff to be alert to behaviors signifying a |
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resident's refusal to consent to administration of medication and |
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information on effective intermediate measures to calm residents in |
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distress by the use of methods other than control and intervention. |
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SECTION 2. (a) Not later than January 1, 2010, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules required by Section 576.0245, Health and Safety |
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Code, as added by this Act. |
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(b) A facility subject to Section 576.0245, Health and |
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Safety Code, as added by this Act, is not required to comply with |
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that section until January 1, 2010. |
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SECTION 3. This Act takes effect September 1, 2009. |