Bill Text: TX HB3930 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the provision of care and treatment to certain incapacitated persons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Judiciary & Civil Jurisprudence [HB3930 Detail]
Download: Texas-2015-HB3930-Introduced.html
By: Hughes | H.B. No. 3930 |
|
||
|
||
relating to the provision of care and treatment to certain | ||
incapacitated persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1151.052, Estates Code, is amended by | ||
amending Subsection (b) and adding Subsection (c) to read as | ||
follows: | ||
(b) The guardian of an adult ward who has decision-making | ||
ability may apply on the ward's behalf for residential care and | ||
services provided by a public or private facility if the ward agrees | ||
to be placed in the facility. The guardian shall report the | ||
condition of the ward to the court at regular intervals at least | ||
annually, unless the court orders more frequent reports. The | ||
guardian shall include in a report of an adult ward who is receiving | ||
residential care in a public or private residential care facility a | ||
statement: | ||
(1) as to the necessity for continued care in the | ||
facility; and | ||
(2) on the guardian's compliance with the requirements | ||
of Subsection (c). | ||
(c) Before the guardian places an adult ward in a public or | ||
private facility as provided by Subsection (b), the guardian must | ||
visit the facility. After the ward is placed in the facility, the | ||
guardian must: | ||
(1) visit the ward at the facility at least once a | ||
month, or more often if necessary; and | ||
(2) return telephone calls and respond to electronic | ||
mail, mail, and other communications regarding the ward from a | ||
physician, social worker, attorney, family member, or other care | ||
provider or advocate within a reasonable amount of time. | ||
SECTION 2. Section 1151.053(c), Estates Code, is amended to | ||
read as follows: | ||
(c) A guardian of a person may voluntarily admit an | ||
incapacitated person to a residential care facility for emergency | ||
care or respite care under Section 593.027 or 593.028, Health and | ||
Safety Code. A guardian who admits a ward under this subsection | ||
shall visit the ward in the facility within a reasonable amount of | ||
time of the admission. | ||
SECTION 3. Section 1151.054, Estates Code, is amended by | ||
amending Subsection (b) and adding Subsection (c) to read as | ||
follows: | ||
(b) The guardian of the person of a ward who is not a minor | ||
and who is under a protective custody order as provided by | ||
Subchapter B, Chapter 574, Health and Safety Code, may consent to | ||
the administration of psychoactive medication as prescribed by the | ||
ward's treating physician after meeting with the ward and the ward's | ||
treating physician, regardless of the ward's expressed preferences | ||
regarding treatment with psychoactive medication. | ||
(c) If a ward has a medication-related emergency, as defined | ||
by Section 574.101(2), Health and Safety Code, the physician who | ||
administers psychoactive medication in response to that emergency | ||
or the physician's designee shall notify the ward's guardian of the | ||
decision to administer the psychoactive medication not later than | ||
the second business day after the administration. | ||
SECTION 4. The changes in law made by this Act apply to a | ||
guardianship created before, on, or after the effective date of | ||
this Act. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |