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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration and monitoring of certain |
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medications 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 264.121, Family Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) For a youth taking prescription medication, the |
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department shall ensure that the youth's transition plan includes |
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provisions to assist the youth in managing the use of the medication |
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after leaving foster care, including information that educates the |
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youth in the use of the medication and provides the youth with |
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information about the resources that are available to assist the |
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youth in managing the use of the medication. |
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SECTION 2. 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 3. 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 it is provided in the manner provided by Section |
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576.025(b), Health and Safety Code. The evidence of the consent may |
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be included in the foster child's health passport. |
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SECTION 4. Section 266.005, Family Code, is amended by |
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adding Subsection (b-1) and amending Subsection (c) to read as |
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follows: |
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(b-1) The department shall notify the child's parents of the |
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initial prescription of a psychotropic drug to a foster child and of |
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any change in dosage of the psychotropic drug at the first scheduled |
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meeting between the parents and the child's caseworker after the |
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date the psychotropic drug is prescribed or the dosage is changed. |
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(c) The department is not required to provide notice under |
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Subsection (b) or (b-1) to a parent who: |
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(1) has failed to give the department current contact |
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information and cannot be located; |
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(2) has executed an affidavit of relinquishment of |
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parental rights; |
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(3) has had the parent's parental rights terminated; |
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or |
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(4) has had access to medical information otherwise |
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restricted by the court. |
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SECTION 5. 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 hearing. |
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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) any non-pharmacological interventions attempted, |
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plans for discontinuing the psychotropic drug, and the child's |
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prognosis with and without the psychotropic drug; |
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(5) 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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(6) [(5)] any adverse reaction to or side effects of |
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any medical treatment provided to the child; |
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(7) [(6)] any specific medical condition of the child |
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that has been diagnosed or for which tests are being conducted to |
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make a diagnosis; |
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(8) [(7)] any activity that the child should avoid or |
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should engage in that might affect the effectiveness of the |
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treatment, including physical activities, other medications, and |
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diet; and |
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(9) [(8)] other information required by department |
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rule or by the court. |
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SECTION 6. The heading to Subchapter A, Chapter 266, Family |
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Code, is repealed. |
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SECTION 7. This Act takes effect September 1, 2013. |