By: Nevarez (Senate Sponsor - Uresti) H.B. No. 908

(In the Senate - Received from the House April 22, 2013; April 24, 2013, read first time and referred to Committee on Health and Human Services; May 13, 2013, reported favorably by the following vote: Yeas 8, Nays 0; May 13, 2013, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the assessment of an elderly or disabled person's psychological status for purposes of an emergency order authorizing protective services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 48.208(c-3), Human Resources Code, is amended to read as follows:

(c-3) An assessment of the elderly or disabled person's psychological status must be performed by a licensed professional counselor, licensed psychologist, or master social worker who has training and expertise in issues related to abuse, neglect, and exploitation. The person performing the assessment shall sign a report stating:

(1) that the elderly or disabled person is reported to be suffering from abuse, neglect, or exploitation, which may present a threat to the person's life or physical safety; and

(2) that in the professional opinion of the licensed professional counselor, licensed psychologist, or master social worker, as applicable, the issuance of an emergency order authorizing protective services without the elderly or disabled person's consent is necessary under the circumstances.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

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