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A BILL TO BE ENTITLED
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AN ACT
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relating to conduct that constitutes abuse in certain health care |
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facilities caring for persons with mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.131(1), Health and Safety Code, is |
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amended to read as follows: |
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(1) "Abuse" means an intentional, knowing, reckless, |
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or criminally negligent act or failure to act by an inpatient mental |
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health facility, a treatment facility, or a hospital, or an |
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employee of a facility or hospital, that places a patient or client |
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of the facility or hospital who is a person with mental illness in |
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imminent danger of death, bodily injury, or physical or mental |
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impairment. The term includes a failure to supervise patients or |
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clients and a failure to take reasonable steps to protect patients |
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or clients from the actions of other patients or clients [has the
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meaning assigned by
the federal Protection and Advocacy for
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Individuals with
Mental Illness Act (42
U.S.C. Section 10801
et
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seq.)]. |
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SECTION 2. The change in law made by this Act to Section |
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161.131, Health and Safety Code, applies only to a duty to report |
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abuse arising from an incident of abuse that occurs on or after the |
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effective date of this Act or to a penalty that may be imposed on a |
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violation of Subchapter L, Chapter 161, Health and Safety Code, |
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involving an incident of abuse that occurs on or after the effective |
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date of this Act. For purposes of an incident of abuse that |
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occurred before the effective date of this Act, the duty to report |
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the abuse and a penalty that may be imposed on a violation involving |
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the abuse are governed by the law in effect at the time the incident |
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of abuse occurred. |
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SECTION 3. This Act takes effect September 1, 2019. |