By: Turner of Harris (Senate Sponsor - Jackson) H.B. No. 2248
(In the Senate - Received from the House May 13, 2009;
May 14, 2009, read first time and referred to Committee on
Transportation and Homeland Security; May 23, 2009, reported
favorably by the following vote: Yeas 5, Nays 2; May 23, 2009, sent
to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to an emergency management plan for certain health care
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 418, Government Code, is
amended by adding Section 418.049 to read as follows:
Sec. 418.049. EMERGENCY MANAGEMENT PLAN FOR CERTAIN HEALTH
CARE FACILITIES. (a) The division shall review each emergency
management plan submitted under Sections 242.018, 246.008, and
247.007, Health and Safety Code, and suggest changes to a plan as
necessary to ensure safety of the residents of the facility or
institution.
(b) The division shall approve a plan as appropriate and
provide evidence of the division's approval to the facility or
institution.
SECTION 2. Subchapter A, Chapter 242, Health and Safety
Code, is amended by adding Sections 242.018 and 242.019 to read as
follows:
Sec. 242.018. EMERGENCY MANAGEMENT PLAN. (a) For purposes
of this section, "area prone to severe weather" means each county in
this state that is located wholly or partly within 100 miles of the
Gulf of Mexico.
(b) An institution located in an area prone to severe weather
shall prepare and keep current an emergency management plan
providing for disaster mitigation, preparedness, response, and
recovery.
(c) The plan must provide for:
(1) evacuation of the institution; and
(2) sheltering at the institution by the residents for
the duration of the emergency.
(d) Each institution shall submit the institution's
emergency management plan to the division of emergency management
in the governor's office and the city or county in which the
institution is located.
Sec. 242.019. EMERGENCY MANAGEMENT DRILL. (a) An
institution subject to Section 242.018 shall perform an emergency
management drill at a random time at least once every six months.
(b) An institution shall use the emergency management
drills to:
(1) test the institution's procedures during an
emergency for evacuating and relocating the institution's
residents and staff and for sheltering the residents and staff in
the institution; and
(2) improve the efficiency, knowledge, and response of
institution staff in implementing the emergency management plan
under Section 242.018.
(c) The institution shall ensure that an emergency
management drill causes as little disruption to residents as
possible.
SECTION 3. Section 242.032, Health and Safety Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) Each applicant for a license or a renewal of a license
shall submit evidence of approval of the institution's emergency
management plan under Section 242.018, if applicable, by the
emergency management division in the governor's office.
SECTION 4. Subchapter A, Chapter 246, Health and Safety
Code, is amended by adding Sections 246.008 and 246.009 to read as
follows:
Sec. 246.008. EMERGENCY MANAGEMENT PLAN. (a) For purposes
of this section, "area prone to severe weather" means each county in
this state that is located wholly or partly within 100 miles of the
Gulf of Mexico.
(b) Each facility located in an area prone to severe weather
shall prepare and keep current an emergency management plan
providing for disaster mitigation, preparedness, response, and
recovery.
(c) The plan must provide for:
(1) evacuation of the facility; and
(2) sheltering at the facility by the residents for
the duration of the emergency.
(d) Each facility shall submit the facility's emergency
management plan to the division of emergency management in the
governor's office and the city or county in which the facility is
located.
Sec. 246.009. EMERGENCY MANAGEMENT DRILL. (a) A facility
subject to Section 246.008 shall perform an emergency management
drill at a random time at least once every three months.
(b) A facility shall use the emergency management drills to:
(1) test the facility's procedures during an emergency
for evacuating and relocating facility residents and staff and for
sheltering facility residents and staff at the facility; and
(2) improve the efficiency, knowledge, and response of
facility staff in implementing the emergency management plan under
Section 246.008.
(c) A facility shall ensure that an emergency management
drill causes as little disruption to residents as possible.
SECTION 5. Section 246.022(c), Health and Safety Code, is
amended to read as follows:
(c) The commissioner shall grant an application for a
certificate of authority if the commissioner finds that:
(1) the applicant or the facility is financially
sound;
(2) the competence, experience, and integrity of the
applicant, its board of directors, its officers, or its management
make it in the public interest to issue the certificate; [and]
(3) the applicant is capable of complying with this
chapter; and
(4) the applicant has submitted evidence of approval
of the facility's emergency management plan under Section 246.008,
if applicable, by the emergency management division in the
governor's office.
SECTION 6. Subchapter A, Chapter 247, Health and Safety
Code, is amended by adding Sections 247.007 and 247.008 to read as
follows:
Sec. 247.007. EMERGENCY MANAGEMENT PLAN. (a) For purposes
of this section, "area prone to severe weather" means each county in
this state that is located wholly or partly within 100 miles of the
Gulf of Mexico.
(b) Each assisted living facility licensed in this state
that is located in an area prone to severe weather shall prepare and
keep current an emergency management plan providing for disaster
mitigation, preparedness, response, and recovery.
(c) The plan must provide for:
(1) evacuation of the assisted living facility; and
(2) sheltering at the assisted living facility by the
facility residents for the duration of the emergency.
(d) Each assisted living facility shall submit the
facility's emergency management plan to the division of emergency
management in the governor's office and the city or county in which
the facility is located.
Sec. 247.008. EMERGENCY MANAGEMENT DRILL. (a) An assisted
living facility subject to Section 247.007 shall perform an
emergency management drill at a random time at least once every
three months.
(b) An assisted living facility shall use the emergency
management drills to:
(1) test the assisted living facility's procedures
during an emergency for evacuating and relocating facility
residents and staff and for sheltering facility residents and staff
at the facility; and
(2) improve the efficiency, knowledge, and response of
assisted living facility staff in implementing the emergency
management plan under Section 247.007.
(c) An assisted living facility shall ensure that an
emergency management drill causes as little disruption to residents
as possible.
SECTION 7. Section 247.022, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) Each applicant for an assisted living facility license
or renewal of a license shall submit evidence of approval of the
facility's emergency management plan under Section 247.007, if
applicable, by the emergency management division in the governor's
office.
SECTION 8. A convalescent or nursing home, or related
institution licensed under Chapter 242, Health and Safety Code, a
continuing care facility granted a certificate of authority under
Chapter 246, Health and Safety Code, or an assisted living facility
licensed under Chapter 247, Health and Safety Code, subject to
Sections 242.018, 246.008, and 247.007, Health and Safety Code, as
added by this Act, shall develop an emergency management plan as
required by those sections as soon as practicable after the
effective date of this Act.
SECTION 9. The changes in law made by this Act apply to an
application for a certificate of authority, a license, or a renewal
of a license filed on or after the effective date of this Act. An
application filed before the effective date of this Act is governed
by the law in effect on the date of the filing of the application,
and the former law is continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2009.
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