|
|
|
|
By: Springer (Senate Sponsor - Buckingham) |
H.B. No. 284 |
|
(In the Senate - Received from the House April 10, 2017; |
|
April 19, 2017, read first time and referred to Committee on Health & |
|
Human Services; May 17, 2017, reported favorably by the following |
|
vote: Yeas 8, Nays 1; May 17, 2017, sent to printer.) |
Click here to see the committee vote |
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to authorization for certain health care facilities to |
|
secure residents with wheelchair self-release seat belts. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter B, Chapter 322, Health and Safety |
|
Code, is amended by adding Section 322.0515 to read as follows: |
|
Sec. 322.0515. AUTHORIZATION FOR USE OF WHEELCHAIR |
|
SELF-RELEASE SEAT BELT. Notwithstanding Section 322.051, a |
|
facility shall allow a resident to use a wheelchair self-release |
|
seat belt while the resident is in the resident's wheelchair if: |
|
(1) the resident demonstrates the ability to release |
|
and fasten the seat belt without assistance; |
|
(2) the use of the wheelchair self-release seat belt |
|
complies with the resident's plan of care; and |
|
(3) the facility receives written authorization |
|
signed by the resident or the resident's legal guardian for the |
|
resident to use the wheelchair self-release seat belt. |
|
SECTION 2. If before implementing any provision of this Act |
|
a state agency determines that a waiver or authorization from a |
|
federal agency is necessary for implementation of that provision, |
|
the agency affected by the provision shall request the waiver or |
|
authorization and may delay implementing that provision until the |
|
waiver or authorization is granted. |
|
SECTION 3. As soon as practicable after the effective date |
|
of this Act but not later than January 1, 2018, the executive |
|
commissioner of the Health and Human Services Commission shall |
|
adopt rules necessary to implement this Act. |
|
SECTION 4. Section 322.0515, Health and Safety Code, as |
|
added by this Act, applies only to the use of a wheelchair |
|
self-release seat belt occurring on or after January 1, 2018. Use |
|
of a wheelchair self-release seat belt occurring before that date |
|
is governed by the law in effect immediately before the effective |
|
date of this Act, and that law is continued in effect for that |
|
purpose. |
|
SECTION 5. This Act takes effect September 1, 2017. |
|
|
|
* * * * * |