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A BILL TO BE ENTITLED
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AN ACT
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relating to complaints about medication or medical care provided to |
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foster children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 266, Family Code, is amended by adding |
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Section 266.0031 to read as follows: |
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Sec. 266.0031. COMPLAINTS REGARDING MEDICAL CARE. (a) A |
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parent, foster parent, managing conservator, possessory |
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conservator, guardian, caretaker, custodian, court-appointed |
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special advocate, or other person with knowledge of medical care, |
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including medication, provided to a foster child may file with the |
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department a complaint outlining the individual's concerns about |
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the medical care. The department shall: |
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(1) develop a process to review and address each |
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complaint submitted under this subsection; and |
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(2) include the complaint in the child's health |
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passport maintained under Section 266.006. |
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(b) The department shall create a central file of complaints |
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received under Subsection (a). The information in the central file |
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may not identify the foster child who is the subject of the |
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complaint, the individual who submitted the complaint, or any other |
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individual. At least once each year, the department shall submit an |
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aggregate report of the information contained in the central file |
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to the governor, lieutenant governor, and speaker of the house of |
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representatives. The central file information and aggregate report |
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are public information subject to disclosure under Chapter 552, |
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Government Code. |
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SECTION 2. Section 266.007(a), Family Code, is amended to |
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read as follows: |
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(a) At each hearing under Chapter 263, or more frequently if |
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ordered by the court, the court shall review a summary of the |
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medical care provided to the foster child since the last |
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hearing. The summary must include information regarding: |
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(1) the nature of any emergency medical care provided |
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to the child and the circumstances necessitating emergency medical |
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care, including any injury or acute illness suffered by the child; |
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(2) all medical and mental health treatment that the |
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child is receiving and the child's progress with the treatment; |
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(3) any medication prescribed for the child and the |
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condition, diagnosis, and symptoms for which the medication was |
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prescribed and the child's progress with the medication; |
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(4) the degree to which the child or foster care |
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provider has complied or failed to comply with any plan of medical |
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treatment for the child; |
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(5) any adverse reaction to or side effects of any |
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medical treatment provided to the child; |
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(6) any specific medical condition of the child that |
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has been diagnosed or for which tests are being conducted to make a |
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diagnosis; |
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(7) any activity that the child should avoid or should |
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engage in that might affect the effectiveness of the treatment, |
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including physical activities, other medications, and diet; [and] |
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(8) any complaints filed with the department under |
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Section 266.0031; and |
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(9) other information required by department rule or |
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by the court. |
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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. Not later than December 1, 2013, the Department |
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of Family and Protective Services shall develop the complaint |
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process required by Section 266.0031(a), Family Code, as added by |
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this Act, and the central file required by Section 266.0031(b), |
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Family Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2013. |