reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle F - Powers and Duties of Hospitals › Chapter 317 - Designation of Caregiver for Receipt of Aftercare Instruction › Section 317.001. Definitions

Sec. 317.001.  DEFINITIONS.  In this chapter:
(1)  "Aftercare" means assistance provided by a designated caregiver to a person after that person's discharge from a hospital, as described by this chapter.  The term includes assistance with tasks that are related to the person's condition at the time of that person's discharge from a hospital but does not include those tasks required to be performed by a licensed health care professional.
(2)  "Designated caregiver" means an individual designated by a patient, including a relative, partner, friend, or neighbor, who:
(A)  is at least 18 years of age;
(B)  has a significant relationship with the patient; and
(C)  will provide aftercare to the patient.
(3)  "Discharge" means a patient's release from a hospital following an inpatient admission.
(4)  "Hospital" means a general or special hospital licensed under Chapter 241 or exempt from licensure under Section 241.004(3).
(5)  "Patient" means a person that is receiving or has received health care services at a hospital.
(6)  "Surrogate decision-maker" has the meaning assigned by Section 313.002.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle F - Powers and Duties of Hospitals › Chapter 317 - Designation of Caregiver for Receipt of Aftercare Instruction › Section 317.0015. Applicability

Sec. 317.0015.  APPLICABILITY.  This chapter applies only to a patient who is:
(1)  18 years of age or older; or
(2)  younger than 18 years of age who has had the disabilities of minority removed.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle F - Powers and Duties of Hospitals › Chapter 317 - Designation of Caregiver for Receipt of Aftercare Instruction › Section 317.002. Designation of Caregiver

Sec. 317.002.  DESIGNATION OF CAREGIVER.  (a)  On admission to a hospital or before the patient is discharged or transferred to another facility, the hospital shall provide the patient, the patient's legal guardian, or the patient's surrogate decision-maker the opportunity to designate a caregiver.
(b)  If a patient, a patient's legal guardian, or a patient's surrogate decision-maker designates a caregiver, a hospital shall:
(1)  document in the patient's medical record:
(A)  the name, telephone number, and address of the patient's designated caregiver; and
(B)  the relationship of the designated caregiver to the patient; and
(2)  request written authorization from the patient, the patient's legal guardian, or the patient's surrogate decision-maker to disclose health care information to the patient's designated caregiver.
(c)  If a patient, a patient's legal guardian, or a patient's surrogate decision-maker declines to designate a caregiver, the hospital shall promptly record in the patient's medical record that the patient, the patient's legal guardian, or the patient's surrogate decision-maker did not wish to designate a caregiver.
(d)  If a patient, a patient's legal guardian, or a patient's surrogate decision-maker declines to give authorization to a hospital to disclose health care information to the designated caregiver, a hospital is not required to comply with Sections 317.003 and 317.004.
(e)  A patient, a patient's legal guardian, or a patient's surrogate decision-maker may change the patient's designated caregiver at any time, and the hospital must document the change in the patient's medical record.
(f)  The designation of a person as the patient's caregiver does not obligate the person to serve as the patient's designated caregiver or to provide aftercare to the patient.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle F - Powers and Duties of Hospitals › Chapter 317 - Designation of Caregiver for Receipt of Aftercare Instruction › Section 317.003. Notice to Designated Caregiver

Sec. 317.003.  NOTICE TO DESIGNATED CAREGIVER.  (a)  Except as provided by Section 317.002(d), as soon as possible before a patient's discharge or transfer to another facility but not later than the time the patient's attending physician issues a discharge order, a hospital shall notify the designated caregiver of the patient's discharge or transfer. The inability of the hospital to contact the designated caregiver may not interfere with, delay, or otherwise affect any medical care provided to the patient or the discharge of the patient.
(b)  If the hospital is unable to contact the designated caregiver, the hospital shall promptly record in the patient's medical record that the hospital attempted to contact the designated caregiver.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle F - Powers and Duties of Hospitals › Chapter 317 - Designation of Caregiver for Receipt of Aftercare Instruction › Section 317.004. Discharge Plan

Sec. 317.004.  DISCHARGE PLAN.  (a)  Except as provided by Section 317.002(d), before a patient's discharge from a hospital, the hospital shall provide to the patient and designated caregiver a written discharge plan that describes the patient's aftercare needs.
(b)  A discharge plan must include:
(1)  the name and contact information of the designated caregiver and the designated caregiver's relationship to the patient;
(2)  a description of the aftercare tasks that the patient requires written in a manner that is culturally competent; and
(3)  the contact information for any health care resources necessary to meet the patient's aftercare needs.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle F - Powers and Duties of Hospitals › Chapter 317 - Designation of Caregiver for Receipt of Aftercare Instruction › Section 317.005. Instruction in Aftercare Tasks

Sec. 317.005.  INSTRUCTION IN AFTERCARE TASKS.  Before a patient's discharge from the hospital to any setting in which health care services are not regularly provided to others, the hospital shall provide the designated caregiver instruction and training as necessary for the caregiver to perform aftercare tasks.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle F - Powers and Duties of Hospitals › Chapter 317 - Designation of Caregiver for Receipt of Aftercare Instruction › Section 317.006. Rules

Sec. 317.006.  RULES.  The executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle F - Powers and Duties of Hospitals › Chapter 317 - Designation of Caregiver for Receipt of Aftercare Instruction › Section 317.007. Rights and Remedies

Sec. 317.007.  RIGHTS AND REMEDIES.  (a)  This chapter may not be construed to:
(1)  interfere with the rights of an agent operating under a valid advance directive in accordance with Chapter 166; or
(2)  alter, amend, revoke, or supersede any existing right or remedy granted under any other provision of law.
(b)  This chapter does not create a private right of action against:
(1)   a hospital, a hospital employee, or a person in a contractual relationship with a hospital; or
(2)  a designated caregiver.
(c)  A hospital, a hospital employee, or a person in a contractual relationship with a hospital may not be held liable in any way for services rendered or not rendered by a patient's designated caregiver to the patient.
(d)  A designated caregiver may not be reimbursed by a government or commercial payer for aftercare assistance provided under this chapter.
(e)  Nothing in this chapter may be construed:
(1)  to alter the obligation of an insurance company, health service corporation, hospital service corporation, medical service corporation, health maintenance organization, or other entity issuing health benefit plans to provide coverage required under a health benefit plan;
(2)  to affect, impede, or otherwise disrupt or reduce the reimbursement obligations of an insurance company, health service corporation, hospital service corporation, medical service corporation, health maintenance organization, or other entity issuing health benefit plans; or
(3)  to affect the time at which a patient may be discharged or transferred from a hospital to another facility.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 321 - Provision of Mental Health, Chemical Dependency, and Rehabilitation Services › Section 321.001. Definitions

Sec. 321.001.  DEFINITIONS.  In this chapter:
(1)  "Comprehensive medical rehabilitation" means the provision of rehabilitation services that are designed to improve or minimize a person's physical or cognitive disabilities, maximize a person's functional ability, or restore a person's lost functional capacity through close coordination of services, communication, interaction, and integration among several professions that share the responsibility to achieve team treatment goals for the person.
(1-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(2)  "Hospital" has the meaning assigned by Section 241.003.
(3)  "License" means a state agency permit, certificate, approval, registration, or other form of permission required by state law.
(4)  "Mental health facility" has the meaning assigned by Section 571.003.
(5)  "State health care regulatory agency" means a state agency that licenses a health care professional.
(6)  "Treatment facility" has the meaning assigned by Section 464.001.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0854, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 321 - Provision of Mental Health, Chemical Dependency, and Rehabilitation Services › Section 321.003. Suit for Harm Resulting From Violation

Sec. 321.003.  SUIT FOR HARM RESULTING FROM VIOLATION.  (a)  A treatment facility or mental health facility that violates a provision of, or a rule adopted under, this chapter, Subtitle C of Title 7, or Chapter 241, 462, 464, or 466 is liable to a person receiving care or treatment in or from the facility who is harmed as a result of the violation.
(b)  A person who has been harmed by a violation may sue for injunctive relief, damages, or both.
(c)  A plaintiff who prevails in a suit under this section may recover actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown.
(d)  In addition to an award under Subsection (c), a plaintiff who prevails in a suit under this section may recover exemplary damages and reasonable attorney fees.
(e)  A suit under this section may be brought in the district court of the county in which:
(1)  the plaintiff received care or treatment;  or
(2)  the defendant conducts business.
(f)  A person harmed by a violation must bring suit not later than the second anniversary of the date on which the person's injury is discovered, except that a minor whose injury is discovered before the minor's 18th birthday may bring suit at any time before the minor's 20th birthday.
(g)  This section does not supersede or abrogate any other remedy existing in law.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 321 - Provision of Mental Health, Chemical Dependency, and Rehabilitation Services › Section 321.004. Penalties

Sec. 321.004.  PENALTIES.  In addition to the penalties prescribed by this chapter, a violation of a provision of this chapter by an individual or facility that is licensed by a state health care regulatory agency is subject to the same consequence as a violation of the licensing law applicable to the individual or facility or of a rule adopted under that licensing law.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1, 1993.
2023 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 A. General Provisions › Section 322.001. Definitions

Sec. 322.001.  DEFINITIONS.  In this chapter:
(1)  "Facility" means:
(A)  a general residential operation, as defined by Section 42.002, Human Resources Code, including a state-operated facility, serving children with an intellectual disability;
(B)  an ICF-IID licensed by the Department of Aging and Disability Services under Chapter 252 or operated by that department and exempt under Section 252.003 from the licensing requirements of that chapter;
(C)  a mental hospital or mental health facility, as defined by Section 571.003;
(D)  an institution, as defined by Section 242.002;
(E)  an assisted living facility, as defined by Section 247.002; or
(F)  a treatment facility, as defined by Section 464.001.
Text of subdivision effective until April 01, 2025
(2)  "Health and human services agency" means an agency listed in Section 531.001, Government Code.
Text of subdivision effective on April 01, 2025
(2)  "Health and human services agency" means an agency listed in Section 521.0001, Government Code.
(3)  "Seclusion" means the involuntary separation of a resident from other residents and the placement of the resident alone in an area from which the resident is prevented from leaving.
Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0856, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.49, eff. April 1, 2025.
2023 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 322.051. Certain Restraints Prohibited

Sec. 322.051.  CERTAIN RESTRAINTS PROHIBITED.  (a)  A person may not administer to a resident of a facility a restraint that:
(1)  obstructs the resident's airway, including a procedure that places anything in, on, or over the resident's mouth or nose;
(2)  impairs the resident's breathing by putting pressure on the torso; or
(3)  interferes with the resident's ability to communicate.
(b)  A person may use a prone or supine hold on the resident of a facility only if the person:
(1)  limits the hold to no longer than the period specified by rules adopted under Section 322.052;
(2)  uses the hold only as a last resort when other less restrictive interventions have proven to be ineffective; and
(3)  uses the hold only when an observer, who is trained to identify the risks associated with positional, compression, or restraint asphyxiation and with prone and supine holds and who is not involved in the restraint, is ensuring the resident's breathing is not impaired.
(c)  Small residential facilities and small residential service providers are exempt from Subsection (b)(3).
Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), Sec. 1, eff. September 1, 2005.
2023 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 322.0515. Authorization for Use of Wheelchair Self-Release Seat Belt; Exception

Sec. 322.0515.  AUTHORIZATION FOR USE OF WHEELCHAIR SELF-RELEASE SEAT BELT; EXCEPTION.  (a) Except as provided by Subsection (b) and notwithstanding Section 322.051, a facility shall allow a resident to use a wheelchair self-release seat belt while the resident is in the resident's wheelchair if:
(1)  the resident demonstrates the ability to release and fasten the seat belt without assistance;
(2)  the use of the wheelchair self-release seat belt complies with the resident's plan of care; and
(3)  the facility receives written authorization signed by the resident or the resident's legal guardian for the resident to use the wheelchair self-release seat belt.
(b)  A facility that advertises as a restraint-free facility is not required to comply with Subsection (a) if the facility:
(1)  provides to current and prospective residents a written disclosure stating the facility is restraint-free and is not required to comply with a request under Subsection (a); and
(2)  makes all reasonable efforts to accommodate the concerns of a resident who requests a seat belt under Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 1138 (H.B. 284), Sec. 1, eff. September 1, 2017.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 medical examination on a sexual assault survivor must complete at least two hours of basic forensic evidence collection training or the equivalent education that conforms to the evidence collection protocol developed by the attorney general under Section 420.031, Government Code.
(b)  A person who completes a continuing medical or nursing education course in forensic evidence collection described by Section 156.057 or 301.306, Occupations Code, that is approved or recognized by the appropriate licensing board is considered to have completed basic forensic evidence collection 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 written policy to ensure that a person described by Subsection (a) completes training on basic forensic evidence collection in accordance with this section.
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.
Acts 2023, 88th Leg., R.S., Ch. 460 (S.B. 1402), Sec. 2, eff. September 1, 2023.
2023 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 323.0046. Basic Sexual Assault Response Policy and Training for Certain Health Care Facility Personnel

Sec. 323.0046.  BASIC SEXUAL ASSAULT RESPONSE POLICY AND TRAINING FOR CERTAIN HEALTH CARE FACILITY PERSONNEL.  (a) A health care facility that has an emergency department shall provide at least one hour of basic sexual assault response training to facility employees who provide patient admission functions, patient-related administrative support functions, or direct patient care. The training must include instruction on:
(1)  the provision of survivor-centered, trauma-informed care to sexual assault survivors; and
(2)  the rights of sexual assault survivors under Chapter 56A, Code of Criminal Procedure, including:
(A)  the availability of a forensic medical examination, including an examination that is available when a sexual assault survivor does not report the assault to a law enforcement agency; and
(B)  the role of an advocate as defined by Section 420.003, Government Code, in responding to a sexual assault survivor.
(b)  An employee described by Subsection (a) who completes a continuing medical or nursing education course in forensic evidence collection described by Section 156.057 or 301.306, Occupations Code, that is approved or recognized by the appropriate licensing board is considered to have completed basic sexual assault response training for purposes of this section.
(c)  Each health care facility that has an emergency department and that is not a SAFE-ready facility shall develop a written policy to ensure that all appropriate facility personnel complete the basic sexual assault response training required by Subsection (a).
Added by Acts 2023, 88th Leg., R.S., Ch. 460 (S.B. 1402), Sec. 3, eff. September 1, 2023.
2023 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 for sexual assault at this hospital emergency room if you are requesting the examination not later than 120 hours after the assault. For parents or guardians of a minor child, your child has the right to receive the forensic medical examination at any time, regardless of when the assault occurred."; and
(B)   "Call 1-800-656-HOPE to be connected to a sexual assault 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.
Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 21, eff. September 1, 2023.
2023 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 through the statewide electronic tracking system 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 sexual assault 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.
Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 22, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 323.052. Operation of Safe Program; Designation of Safe Program as Safe-Ready Facility

Sec. 323.052.  OPERATION OF SAFE PROGRAM; DESIGNATION OF SAFE PROGRAM AS SAFE-READY FACILITY.  (a)  A person may operate a SAFE program only if:
(1)  the program meets the minimum standards established under Section 323.053; and
(2)  the program provides forensic medical examinations to sexual assault survivors in accordance with Section 323.054.
(b)  The Health and Human Services Commission shall designate a SAFE program described by Subsection (a) as a SAFE-ready facility under Section 323.0015 if the program notifies the commission that the program employs or contracts with a sexual assault forensic examiner or uses a telemedicine system of sexual assault forensic examiners to provide consultation during a sexual assault forensic medical examination to a nurse or physician licensed to practice in this state.
Added by Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 18, eff. September 1, 2021.
2023 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 323.053. Minimum Standards for Safe Programs

Sec. 323.053.  MINIMUM STANDARDS FOR SAFE PROGRAMS.  A SAFE program must:
(1)  operate under the active oversight of a medical director who is a physician licensed by and in good standing with the Texas Medical Board;
(2)  provide medical treatment under a physician's order, standing medical order, standing delegation order, or other order or protocol as defined by Texas Medical Board rules;
(3)  employ or contract with a sexual assault examiner or a sexual assault nurse examiner;
(4)  provide access to a sexual assault program advocate, as required by Subchapter H, Chapter 56A, Code of Criminal Procedure;
(5)  ensure a sexual assault survivor has access to a private treatment room;
(6)  if indicated by a survivor's history or on a survivor's request, provide:
(A)  HIV testing and prophylactic medication to the survivor or a referral for the testing and medication; and
(B)  counseling and prophylactic medications for exposure to sexually transmitted infections and pregnancy;
(7)  provide to survivors the name and telephone number of a nearby sexual assault program that provides to survivors the minimum services described by Subchapter A, Chapter 420, Government Code;
(8)  provide to survivors the information form required by Section 323.005, 323.0051, or 323.0052, as applicable, and orally communicate the information regarding crime victims compensation under Section 323.005(a)(4);
(9)  collaborate with any sexual assault program, as defined by Section 420.003, Government Code, that provides services to survivors in the county;
(10)  engage in efforts to improve the quality of the program;
(11)  maintain capacity for appropriate triage or have agreements with other health facilities to assure that a survivor receives the appropriate level of care indicated for the survivor's medical and mental health needs;
(12)  prioritize the safety and well-being of survivors;
(13)  provide a trauma-informed approach in the forensic medical care provided to survivors; and
(14)  collaborate with:
(A)  law enforcement agencies and attorneys representing the state with jurisdiction in the county;
(B)  any available local sexual assault response team; and
(C)  other interested persons in the community.
Added by Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 18, eff. September 1, 2021.