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A BILL TO BE ENTITLED
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AN ACT
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relating to authorization for certain health care facilities to |
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secure residents with wheelchair self-release seat belts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 322, Health and Safety |
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Code, is amended by adding Section 322.0515 to read as follows: |
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Sec. 322.0515. AUTHORIZATION FOR WHEELCHAIR SELF-RELEASE |
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SEAT BELT USE. (a) Notwithstanding Section 322.051 and after |
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receipt by a facility of a written authorization signed by a |
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resident or the resident's legal guardian for the resident to use a |
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wheelchair self-release seat belt, the facility shall allow the |
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resident to use a wheelchair self-release seat belt while the |
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resident is in the resident's wheelchair, subject to Subsection |
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(b). |
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(b) A facility may not authorize the use of a wheelchair |
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self-release seat belt under Subsection (a) unless: |
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(1) the resident demonstrates the ability to |
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self-release and fasten the seat belt without assistance; and |
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(2) the use of the wheelchair self-release seat belt |
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complies with the resident's plan of care. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act but not later than January 1, 2018, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules necessary to implement this Act. |
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SECTION 4. Section 322.0515, Health and Safety Code, as |
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added by this Act, applies only to the use of a wheelchair |
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self-release seat belt occurring on or after January 1, 2018. Use of |
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a wheelchair self-release seat belt occurring before that date is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |