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A BILL TO BE ENTITLED
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AN ACT
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relating to consent to the administration of certain medications |
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provided to foster children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 266.001, Family Code, is amended by |
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adding Subdivision (6) to read as follows: |
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(6) "Psychotropic drug" has the meaning assigned by |
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Section 261.111. |
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SECTION 2. Section 266.004, Family Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) Consent to the administration of a psychotropic drug |
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is valid only if: |
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(1) the consent is given voluntarily and without |
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coercive or undue influence; |
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(2) the health care provider administering the |
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psychotropic drug or a person designated by that health care |
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provider provides the following information to the person |
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authorized by law to consent for the foster child: |
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(A) the specific condition to be treated; |
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(B) the beneficial effects on that condition |
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expected from the drug; |
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(C) the probable health and mental health |
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consequences of not consenting to the drug; |
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(D) the probable clinically significant side |
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effects and risks associated with the drug; |
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(E) the generally accepted alternatives to the |
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drug, if any, and the reasons the health care provider recommends |
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that the alternatives be rejected; and |
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(F) the proposed course of the drug; |
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(3) the person authorized by law to consent is |
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informed in writing that consent may be revoked; and |
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(4) the consent is evidenced in the foster child's |
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health passport or equivalent record by a signed form or statement |
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of the health care provider administering the psychotropic drug or |
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a person designated by that health care provider that documents |
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that consent was given by the appropriate person and the |
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circumstances under which the consent was obtained. |
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SECTION 3. The heading to Subchapter A, Chapter 266, Family |
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Code, is repealed. |
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SECTION 4. This Act takes effect September 1, 2013. |