| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the room placement of individuals with Alzheimer's |
|
|
disease or dementia in health care facilities and correctional |
|
|
facilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 222, Health and Safety Code, is amended |
|
|
by adding Subchapter D to read as follows: |
|
|
SUBCHAPTER D. REGULATION OF HEALTH CARE FACILITIES SERVICING |
|
|
RESIDENTS WITH ALZHEIMER'S DISEASE OR DEMENTIA |
|
|
Sec. 222.101. DEFINITIONS. In this subchapter: |
|
|
(1) "Commission" means the Health and Human Services |
|
|
Commission. |
|
|
(2) "Executive commissioner" means the executive |
|
|
commissioner of the commission. |
|
|
(3) "Health care facility" means a health care |
|
|
facility licensed by the commission. |
|
|
(4) "Resident" means an individual who resides in a |
|
|
health care facility. |
|
|
Sec. 222.102. PLACEMENT OF CERTAIN RESIDENTS. The |
|
|
executive commissioner by rule shall prohibit a health care |
|
|
facility from requiring a resident with Alzheimer's disease or |
|
|
dementia to reside in the same room as a resident with mental |
|
|
illness and a history of violence. |
|
|
Sec. 222.103. DISCIPLINARY ACTION. A health care facility |
|
|
that violates this subchapter or a rule adopted under this |
|
|
subchapter is subject to disciplinary action by the commission as |
|
|
if the facility violated an applicable licensing law. |
|
|
SECTION 2. Chapter 493, Government Code, is amended by |
|
|
adding Section 493.032 to read as follows: |
|
|
Sec. 493.032. PLACEMENT OF PERSONS WITH ALZHEIMER'S DISEASE |
|
|
OR DEMENTIA. The department shall ensure that a person with |
|
|
Alzheimer's disease or dementia who is in the custody of a jail or |
|
|
other correctional facility operated by or under contract with the |
|
|
department does not reside in the same room with an individual with |
|
|
mental illness and a history of violence. |
|
|
SECTION 3. Chapter 511, Government Code, is amended by |
|
|
adding Section 511.022 to read as follows: |
|
|
Sec. 511.022. PLACEMENT OF INMATES WITH ALZHEIMER'S DISEASE |
|
|
OR DEMENTIA. The commission shall adopt rules prohibiting a |
|
|
correctional facility from requiring an inmate with Alzheimer's |
|
|
disease or dementia to reside in the same room as an inmate with |
|
|
mental illness and a history of violence. |
|
|
SECTION 4. As soon as practicable after the effective date |
|
|
of this Act, the executive commissioner of the Health and Human |
|
|
Services Commission and the Commission on Jail Standards shall |
|
|
adopt rules necessary to implement the changes in law made by this |
|
|
Act. |
|
|
SECTION 5. This Act takes effect September 1, 2019. |