82R1376 YDB-F
 
  By: Zaffirini S.B. No. 47
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the pro re nata administration of psychoactive
  medications in certain residential health care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 576, Health and Safety
  Code, is amended by adding Section 576.0245 to read as follows:
         Sec. 576.0245.  ADMINISTRATION OF PSYCHOACTIVE MEDICATIONS.
  (a) In this section, "facility" has the meaning assigned by Section
  322.001.
         (b)  For each health and human services agency that regulates
  the care or treatment of a resident at a facility, the executive
  commissioner of the Health and Human Services Commission shall
  adopt rules to govern the pro re nata administration of
  psychoactive medications to facility residents.
         (c)  The rules must:
               (1)  prohibit a health care practitioner authorized
  under the laws of this state to issue a prescription drug order from
  prescribing to a facility resident a psychoactive medication to be
  administered pro re nata by injection unless the prescription
  authorizes the administration only in a psychiatric emergency or
  under a court order;
               (2)  require a practitioner who administers
  psychoactive medication in a psychiatric emergency to document in
  the resident's clinical record the administration using specific
  medical and behavioral terms;
               (3)  require a nurse licensed in this state and
  employed by a facility to attend, before administering psychoactive
  medication by injection in a psychiatric emergency, training on the
  criteria that must be met to administer pro re nata psychoactive
  medication in a psychiatric emergency; and
               (4)  require a person employed by a facility to attend
  training on a resident's consent to treatment and refusal of
  consent to treatment that includes:
                     (A)  information to instruct staff on
  identification of behaviors signifying a resident's refusal to
  consent to administration of medication; and
                     (B)  information on effective intermediate
  measures to calm residents in distress by the use of methods other
  than control and intervention.
         (d)  A nurse licensed in this state and employed by a
  facility may not in a psychiatric emergency administer psychoactive
  medication by injection unless the nurse has attended the training
  required under Subsection (c)(3).
         SECTION 2.  (a) Not later than January 1, 2012, the
  executive commissioner of the Health and Human Services Commission
  shall adopt the rules required by Section 576.0245, Health and
  Safety Code, as added by this Act.
         (b)  A health care practitioner subject to Section 576.0245,
  Health and Safety Code, as added by this Act, is not required to
  comply with that section until January 1, 2012.
         SECTION 3.  This Act takes effect September 1, 2011.