reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 322.052 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 322 - Use of Restraint and Seclusion in Certain Health Care Facilities|Subchapter B. Restraints and Seclusion|Section 322.052. Adoption of Restraint and Seclusion Procedures

Sec. 322.052.  ADOPTION OF RESTRAINT AND SECLUSION PROCEDURES.  (a)  For each health and human services agency that regulates the care or treatment of a resident at a facility, the executive commissioner of the Health and Human Services Commission shall adopt rules to:(1)  define acceptable restraint holds that minimize the risk of harm to a facility resident in accordance with this subchapter;(2)  govern the use of seclusion of facility residents; and(3)  develop practices to decrease the frequency of the use of restraint and seclusion.(b)  The rules must permit prone and supine holds only as transitional holds for use on a resident of a facility.(b-1)  The rules must:(1)  authorize a registered nurse, other than the nurse who initiated the use of restraint or seclusion, who is trained to assess medical and psychiatric stability with demonstrated competence as required by rule to conduct a face-to-face evaluation of a patient in a hospital or facility licensed under Chapter 241 or 577 or in a state mental hospital, as defined by Section 571.003, not later than one hour after the time the use of restraint or seclusion is initiated; and(2)  require a physician to conduct a face-to-face evaluation of a patient in a hospital or facility licensed under Chapter 241 or 577 or in a state mental hospital, as defined by Section 571.003, and document clinical justification for continuing the restraint or seclusion before issuing or renewing an order that continues the use of the restraint or seclusion.(c)  A facility may adopt procedures for the facility's use of restraint and seclusion on a resident that regulate, more restrictively than is required by a rule of the regulating health and human services agency, the use of restraint and seclusion.|Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), Sec. 1, eff. September 1, 2005.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1240 (S.B. 1842), Sec. 1, eff. June 14, 2013.|
TX Health & Safety Code § 322.053 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 322 - Use of Restraint and Seclusion in Certain Health Care Facilities|Subchapter B. Restraints and Seclusion|Section 322.053. Notification

Sec. 322.053.  NOTIFICATION.  The executive commissioner of the Health and Human Services Commission by rule shall ensure that each resident at a facility regulated by a health and human services agency and the resident's legally authorized representative are notified of the rules and policies related to restraints and seclusion.|Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), Sec. 1, eff. September 1, 2005.|
TX Health & Safety Code § 322.054 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 322 - Use of Restraint and Seclusion in Certain Health Care Facilities|Subchapter B. Restraints and Seclusion|Section 322.054. Retaliation Prohibited

Sec. 322.054.  RETALIATION PROHIBITED.  (a)  A facility may not discharge or otherwise retaliate against:(1)  an employee, client, resident, or other person because the employee, client, resident, or other person files a complaint, presents a grievance, or otherwise provides in good faith information relating to the misuse of restraint or seclusion at the facility; or(2)  a client or resident of the facility because someone on behalf of the client or resident files a complaint, presents a grievance, or otherwise provides in good faith information relating to the misuse of restraint or seclusion at the facility.(b)  A health and human services agency that registers or otherwise licenses or certifies a facility may:(1)  revoke, suspend, or refuse to renew the license, registration, or certification of a facility that violates Subsection (a); or(2)  place on probation a facility that violates Subsection (a).(c)  A health and human services agency that regulates a facility and that is authorized to impose an administrative penalty against the facility under other law may impose an administrative penalty against the facility for violating Subsection (a).  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.  The amount of the penalty may not exceed the maximum amount that the agency may impose against the facility under the other law.  The agency must follow the procedures it would follow in imposing an administrative penalty against the facility under the other law.(d)  A facility may contest and appeal the imposition of an administrative penalty under Subsection (c) by following the same procedures the facility would follow in contesting or appealing an administrative penalty imposed against the facility by the agency under the other law.|Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), Sec. 1, eff. September 1, 2005.|
TX Health & Safety Code § 322.055 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 322 - Use of Restraint and Seclusion in Certain Health Care Facilities|Subchapter B. Restraints and Seclusion|Section 322.055. Medicaid Waiver Program

Sec. 322.055.  MEDICAID WAIVER PROGRAM.  A Medicaid waiver program provider, when providing supervised living or residential support, shall comply with this chapter and rules adopted under this chapter.|Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), Sec. 1, eff. September 1, 2005.|
TX Health & Safety Code § 322.056 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 322 - Use of Restraint and Seclusion in Certain Health Care Facilities|Subchapter B. Restraints and Seclusion|Section 322.056. Reporting Requirement

Sec. 322.056.  REPORTING REQUIREMENT.  A facility shall file with the Department of State Health Services a quarterly report regarding hospital-based inpatient psychiatric services measures related to the use of restraint and seclusion that is required by the federal Centers for Medicare and Medicaid Services.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1240 (S.B. 1842), Sec. 2, eff. June 14, 2013.|
TX Health & Safety Code § 323.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault|Subchapter A. Emergency Services for Survivors|Section 323.001. Definitions

Sec. 323.001.  DEFINITIONS.  In this subchapter:(1)  "Commission" means the Health and Human Services Commission.(2)  "Department" means the Department of State Health Services.(3)  "Health care facility" means a general or special hospital licensed under Chapter 241, a general or special hospital owned by this state, or a freestanding emergency medical care facility licensed under Chapter 254.(3-a)  "SAFE-ready facility" means a health care facility designated as a sexual assault forensic exam-ready facility under Section 323.0015.  The term includes a SAFE program designated as a SAFE-ready facility under Section 323.052.(3-b)  "SAFE program" has the meaning assigned by Section 323.051.(4)  "Sexual assault" means any act as described by Section 22.011 or 22.021, Penal Code.(4-a)  "Sexual assault forensic examiner" means a certified sexual assault nurse examiner or a physician with specialized training on conducting a forensic medical examination.(5)  "Sexual assault survivor" means an individual who is a victim of a sexual assault, regardless of whether a report is made or a conviction is obtained in the incident.|Added by Acts 2005, 79th Leg., Ch. 934 (H.B. 677), Sec. 1, eff. September 1, 2005.Renumbered from Health and Safety Code, Section 322.001 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(47), eff. September 1, 2007.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1063 (H.B. 3152), Sec. 1, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 1063 (H.B. 3152), Sec. 7, eff. September 1, 2017.Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 11, eff. September 1, 2021.|
TX Health & Safety Code § 323.0015 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault|Subchapter A. Emergency Services for Survivors|Section 323.0015. Safe-Ready Facilities

Sec. 323.0015.  SAFE-READY FACILITIES.  The department shall designate a health care facility as a sexual assault forensic exam-ready facility, or SAFE-ready facility, if the facility notifies the department that the facility employs or contracts with a sexual assault forensic examiner or uses a telemedicine system of sexual assault forensic examiners to provide consultation to a licensed nurse or physician when conducting a sexual assault forensic medical examination.|Added by Acts 2017, 85th Leg., R.S., Ch. 1063 (H.B. 3152), Sec. 2, eff. September 1, 2017.|
TX Health & Safety Code § 323.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault|Subchapter A. Emergency Services for Survivors|Section 323.002. Plan for Emergency Services

Sec. 323.002.  PLAN FOR EMERGENCY SERVICES.  (a)  Each health care facility that has an emergency department shall comply with Sections 323.004 and 323.0044.  At the request of the department, a health care facility that has an emergency department shall submit to the department for approval a plan for providing the services required by Section 323.004 to sexual assault survivors who arrive for treatment at the emergency department of the health care facility.(b)  The executive commissioner of the Health and Human Services Commission shall adopt procedures for submission, approval, and modification of a plan required under this section.(c)  A health care facility shall submit the plan required by this section not later than the 60th day after the date the department requests the plan.(d)  The department shall approve or reject the plan not later than the 120th day after the date the plan is submitted.|Added by Acts 2005, 79th Leg., Ch. 934 (H.B. 677), Sec. 1, eff. September 1, 2005.Renumbered from Health and Safety Code, Section 322.002 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(47), eff. September 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.002(10), eff. September 1, 2007.Acts 2013, 83rd Leg., R.S., Ch. 162 (S.B. 1191), Sec. 1, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0857, eff. April 2, 2015.Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 12, eff. September 1, 2021.|
TX Health & Safety Code § 323.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault|Subchapter A. Emergency Services for Survivors|Section 323.003. Rejection of Plan

Sec. 323.003.  REJECTION OF PLAN.  (a)  If a plan required under Section 323.002 is not approved, the department shall:(1)  return the plan to the health care facility; and(2)  identify the specific provisions under Section 323.004 with which the plan conflicts or does not comply.(b)  Not later than the 90th day after the date the department returns a plan to a health care facility under Subsection (a), the facility shall correct and resubmit the plan to the department for approval.|Added by Acts 2005, 79th Leg., Ch. 934 (H.B. 677), Sec. 1, eff. September 1, 2005.Renumbered from Health and Safety Code, Section 322.003 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(47), eff. September 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.002(11), eff. September 1, 2007.|
TX Health & Safety Code § 323.0044 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault|Subchapter A. Emergency Services for Survivors|Section 323.0044. Provision of Emergency Services to Certain Adult Sexual Assault Survivors

Sec. 323.0044.  PROVISION OF EMERGENCY SERVICES TO CERTAIN ADULT SEXUAL ASSAULT SURVIVORS.  (a)  A health care facility shall provide a forensic medical examination and treatment to an adult sexual assault survivor for whom a guardian is appointed under Title 3, Estates Code, without the consent of the survivor's guardian, guardian ad litem, or other legal agent if:(1)  the health care facility determines the survivor understands the nature of the forensic medical examination and treatment; and(2)  the survivor agrees to receive the forensic medical examination and treatment.(b)  Subject to Subsection (c), if an adult sexual assault survivor requests a forensic medical examination and treatment and a health care facility determines the survivor potentially is incapable of consenting to the forensic medical examination and treatment, the health care facility may:(1)  obtain consent from a relative or caretaker of the survivor on the survivor's behalf;(2)  obtain consent from the survivor's guardian, guardian ad litem, or other legal agent; or(3)  petition a court with probate jurisdiction in the county in which the facility is located for an emergency order authorizing the forensic medical examination and treatment, in the manner provided by Section 48.208, Human Resources Code.(c)  If personnel of a health care facility know or have reason to believe that the survivor's relative, caretaker, guardian, guardian ad litem, or other legal agent is a suspect or accomplice in the sexual assault of the survivor, the health care facility may not contact the survivor's relative, caretaker, guardian, guardian ad litem, or other legal agent.(d)  A health care facility may not provide a forensic medical examination to an adult sexual assault survivor for whom a guardian is appointed under Title 3, Estates Code, if the survivor refuses the examination, regardless of whether the survivor's guardian requests or consents to the examination.|Added by Acts 2019, 86th Leg., R.S., Ch. 1329 (H.B. 4531), Sec. 2, eff. September 1, 2019.|
TX Health & Safety Code § 323.0045 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault|Subchapter A. Emergency Services for Survivors|Section 323.0045. Basic Sexual Assault Forensic Evidence Collection Training

Sec. 323.0045.  BASIC SEXUAL ASSAULT FORENSIC EVIDENCE COLLECTION TRAINING.  (a)  A person who performs a forensic examination on a sexual assault survivor must have at least basic forensic evidence collection training or the equivalent education.(b)  A person who completes a continuing medical or nursing education course in forensic evidence collection that is approved or recognized by the appropriate licensing board is considered to have basic sexual assault forensic evidence training for purposes of this chapter.(c)  Each health care facility that has an emergency department and that is not a SAFE-ready facility shall develop a plan to train personnel on sexual assault forensic evidence collection.|Added by Acts 2013, 83rd Leg., R.S., Ch. 162 (S.B. 1191), Sec. 3, eff. September 1, 2013.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1063 (H.B. 3152), Sec. 4, eff. September 1, 2017.|
TX Health & Safety Code § 323.0051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault|Subchapter A. Emergency Services for Survivors|Section 323.0051. Information Form for Sexual Assault Survivors at Certain Facilities

Sec. 323.0051.  INFORMATION FORM FOR SEXUAL ASSAULT SURVIVORS AT CERTAIN FACILITIES.  (a)  The commission shall develop a standard information form for sexual assault survivors who arrive at a health care facility that is not a SAFE-ready facility.  The information form must include:(1)  information regarding the benefits of a forensic medical examination conducted by a sexual assault forensic examiner;(2)  the Internet website address to the commission's list of SAFE-ready facilities that includes the facilities' physical addresses as required by Section 323.008;(3)  the following statements:(A)  "As a survivor of sexual assault, you have the right to receive a forensic medical examination at this hospital emergency room if you are requesting the examination not later than 120 hours after the assault.";(B)  "A report to law enforcement is not required, but if you make a report, law enforcement must first authorize the examination."; and(C)  "Call 1-800-656-HOPE to be connected to a rape crisis center for free and confidential assistance."; and(4)  information on the procedure for submitting a complaint against the health care facility.(b)  A health care facility that is not a SAFE-ready facility shall provide the standard information form developed under this section to each sexual assault survivor who arrives at the facility.|Added by Acts 2017, 85th Leg., R.S., Ch. 1063 (H.B. 3152), Sec. 5, eff. September 1, 2017.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1037 (H.B. 616), Sec. 7, eff. September 1, 2019.Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 15, eff. September 1, 2021.|
TX Health & Safety Code § 323.0052 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault|Subchapter A. Emergency Services for Survivors|Section 323.0052. Information Form for Sexual Assault Survivors Who Have Not Reported Assault

Sec. 323.0052.  INFORMATION FORM FOR SEXUAL ASSAULT SURVIVORS WHO HAVE NOT REPORTED ASSAULT.  (a)  The commission shall develop a standard information form that, as described by Subsection (b), is to be provided to sexual assault survivors who have not given signed, written consent to a health care facility to release the evidence as provided by Section 420.0735, Government Code. The form must include the following information:(1)  the Department of Public Safety's policy regarding storage of evidence of a sexual assault or other sex offense that is collected under Subchapter G, Chapter 56A, Code of Criminal Procedure, including:(A)  a statement that the evidence will be stored until the fifth anniversary of the date on which the evidence was collected before the evidence becomes eligible for destruction; and(B)  the department's procedures regarding the notification of the survivor before a planned destruction of the evidence;(2)  a statement that the survivor may request the release of the evidence to a law enforcement agency and report a sexual assault or other sex offense to the agency at any time;(3)  the name, phone number, and e-mail address of the law enforcement agency with jurisdiction over the offense; and(4)  the name and phone number of a local rape crisis center.(b)  A health care facility that provides care to a sexual assault survivor who has not given consent as described by Subsection (a) shall provide the standard form developed under Subsection (a) to the survivor before the survivor is released from the facility.|Added by Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 11, eff. September 1, 2019.Amended by: Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 16, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 10.006, eff. September 1, 2021.|
TX Health & Safety Code § 323.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault|Subchapter A. Emergency Services for Survivors|Section 323.006. Inspection

Sec. 323.006.  INSPECTION.  The department may conduct an inspection of a health care facility to ensure compliance with this chapter.|Added by Acts 2005, 79th Leg., Ch. 934 (H.B. 677), Sec. 1, eff. September 1, 2005.Renumbered from Health and Safety Code, Section 322.006 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(47), eff. September 1, 2007.|
TX Health & Safety Code § 323.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault|Subchapter A. Emergency Services for Survivors|Section 323.007. Sexual Assault Survivors Who Are Minors

Sec. 323.007.  SEXUAL ASSAULT SURVIVORS WHO ARE MINORS.  This chapter does not affect participating entities of children's advocacy centers under Subchapter E, Chapter 264, Family Code, or the working protocols set forth by their multidisciplinary teams to ensure access to specialized medical assessments for sexual assault survivors who are minors.  To the extent of a conflict with Subchapter E, Chapter 264, Family Code, that subchapter controls.|Added by Acts 2013, 83rd Leg., R.S., Ch. 162 (S.B. 1191), Sec. 4, eff. September 1, 2013.|
TX Health & Safety Code § 323.008 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault|Subchapter A. Emergency Services for Survivors|Section 323.008. Data Publication

Sec. 323.008.  DATA PUBLICATION.  The commission shall post on the commission's Internet website a list of all hospitals and other health facilities that are designated as SAFE-ready facilities under this chapter and the facilities' physical addresses.  The commission shall update the list quarterly.  To the extent possible, the commission shall collect the data required by this section as part of a survey required by the commission under other law.|Added by Acts 2013, 83rd Leg., R.S., Ch. 162 (S.B. 1191), Sec. 4, eff. September 1, 2013.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1063 (H.B. 3152), Sec. 6, eff. September 1, 2017.Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 17, eff. September 1, 2021.|
TX Health & Safety Code § 323.051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault|Subchapter B. Sexual Assault Forensic Examination Programs|Section 323.051. Definitions

Sec. 323.051.  DEFINITIONS.  In this subchapter:(1)  "SAFE program" means a program that meets the requirements prescribed by Section 323.052.  The term does not include a program operated by a health care facility, as defined by Section 323.001.(2)  "Sexual assault examiner," "sexual assault nurse examiner," and "sexual assault program"  have the meanings assigned by Section 420.003, Government Code.(3)  "Sexual assault forensic examiner" means a certified sexual assault nurse examiner or a physician licensed under Subtitle B, Title 3, Occupations Code, with specialized training on conducting a forensic medical examination.|Added by Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 18, eff. September 1, 2021.|