87R21825 MAW-F
 
  By: Coleman H.B. No. 4354
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of medication to certain persons in
  the custody of a sheriff.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 46B.0825, Code of Criminal Procedure, is
  amended by adding Subsection (a-1) and amending Subsection (b) to
  read as follows:
         (a-1)  If a defendant described by Subsection (a) is being
  treated with a psychotropic medication at the time the defendant is
  discharged from the facility and transferred into the sheriff's
  custody, the sheriff or sheriff's deputy shall ensure that
  administration of the medication continues unless directed
  otherwise by the physician for the jail.  The jail physician must
  appropriately document the need for any discontinuation or other
  change in the use or amount of medication after consulting with the
  physician who treated the defendant at the facility to ensure that
  the change does not adversely affect the defendant's mental health
  or ability to continue with court proceedings.
         (b)  To the extent funds are appropriated for that purpose, a
  sheriff is entitled to reimbursement from the state for providing
  the medication required by this article [Subsection (a)].
         SECTION 2.  Section 511.009(d), Government Code, is amended
  to read as follows:
         (d)  The commission shall adopt reasonable rules and
  procedures establishing minimum standards regarding the continuity
  of prescription medications for the care and treatment of
  prisoners. The rules and procedures shall require that:
               (1)  a qualified medical professional shall review as
  soon as possible any prescription medication a prisoner is taking
  when the prisoner is taken into custody; and
               (2)  a prisoner with a mental illness be provided with
  each prescription medication that a qualified medical professional
  or mental health professional determines is necessary for the care,
  treatment, or stabilization of the prisoner.
         SECTION 3.  Article 46B.0825(c), Code of Criminal Procedure,
  is repealed.
         SECTION 4.  Not later than December 1, 2021, the Commission
  on Jail Standards shall adopt the rules and procedures required by
  Section 511.009(d), Government Code, as amended by this Act.
         SECTION 5.  This Act takes effect September 1, 2021.