87R7434 MAW-F
 
  By: Eckhardt S.B. No. 944
 
 
 
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 Subsections (a-1) and (a-2) 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, subject to Subsection
  (a-2).  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.
         (a-2)  The physician for a jail may not discontinue or
  otherwise change a psychotropic medication that is being used in
  the treatment of a defendant described by Subsection (a) at the time
  of the defendant's discharge from the facility unless the jail
  physician determines there is a compelling medical reason to make
  the change for the health and safety of the defendant. If the jail
  physician discontinues or otherwise changes the use or amount of
  medication and the defendant is subsequently found incompetent to
  stand trial, recommitted to a facility, and then discharged again
  into the custody of the sheriff following that recommittal, the
  jail physician may not discontinue or change the defendant's
  prescribed psychotropic medication after the discharge from the
  facility without the consent of the physician who treated the
  defendant at the facility.
         (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.