HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE B. LICENSING OF HEALTH FACILITIES

CHAPTER 256.  SAFE PATIENT HANDLING, MOVEMENT, AND DISCHARGE PRACTICES

Sec. 256.001.  DEFINITIONS.  In this chapter:
(1)  "Hospital" means a general or special hospital, as defined by Section 241.003, a private mental hospital licensed under Chapter 577, or another hospital that is maintained or operated by the state.
(2)  "Nursing home" means an institution licensed under Chapter 242.
Added by Acts 2005, 79th Leg., Ch. 401 (S.B. 1525), Sec. 1, eff. January 1, 2006.

Sec. 256.002.  REQUIRED SAFE PATIENT HANDLING AND MOVEMENT POLICY.  (a)  The governing body of a hospital or the quality assurance committee of a nursing home shall adopt and ensure implementation of a policy to identify, assess, and develop strategies to control risk of injury to patients and nurses associated with the lifting, transferring, repositioning, or movement of a patient.
(b)  The policy shall establish a process that, at a minimum, includes:
(1)  analysis of the risk of injury to both patients and nurses posed by the patient handling needs of the patient populations served by the hospital or nursing home and the physical environment in which patient handling and movement occurs;
(2)  education of nurses in the identification, assessment, and control of risks of injury to patients and nurses during patient handling;
(3)  evaluation of alternative ways to reduce risks associated with patient handling, including evaluation of equipment and the environment;
(4)  restriction, to the extent feasible with existing equipment and aids, of manual patient handling or movement of all or most of a patient's weight to emergency, life-threatening, or otherwise exceptional circumstances;
(5)  collaboration with and annual report to the nurse staffing committee;
(6)  procedures for nurses to refuse to perform or be involved in patient handling or movement that the nurse believes in good faith will expose a patient or a nurse to an unacceptable risk of injury;
(7)  submission of an annual report to the governing body or the quality assurance committee on activities related to the identification, assessment, and development of strategies to control risk of injury to patients and nurses associated with the lifting, transferring, repositioning, or movement of a patient; and
(8)  in developing architectural plans for constructing or remodeling a hospital or nursing home or a unit of a hospital or nursing home in which patient handling and movement occurs, consideration of the feasibility of incorporating patient handling equipment or the physical space and construction design needed to incorporate that equipment at a later date.
Added by Acts 2005, 79th Leg., Ch. 401 (S.B. 1525), Sec. 1, eff. January 1, 2006.

Sec. 256.003.  PROHIBITED DISCHARGE OF PATIENTS TO CERTAIN GROUP-CENTERED FACILITIES.  (a)  Subject to Subsection (b), a hospital or other health facility may discharge or otherwise release a patient to the care of a group home, boarding home facility, or similar group-centered facility only if the person who operates the group-centered facility holds a license or permit issued in accordance with applicable state law.
(b)  A hospital or other health facility may discharge or otherwise release a patient to the care of a group home, boarding home facility, or similar group-centered facility operated by a person who does not hold a license or permit issued in accordance with applicable state law only if:
(1)  no group-centered facility is operated in the county in which the patient is discharged by a person who holds the applicable license or permit; or
(2)  the patient voluntarily elects to reside in the group-centered facility of the unlicensed or unpermitted person.
(c)  A hospital or other health facility is not liable for damages to a patient resulting from the patient's discharge or release to a group home, boarding home facility, or similar group-centered facility under Subsection (b).
(d)  A local health authority may not issue an order authorizing a hospital or health facility to discharge or release a patient to a group-centered facility in a manner that conflicts with this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 1045 (S.B. 186), Sec. 2, eff. September 1, 2023.