Relating to the employee misconduct registry and employee certification posting requirements for certain facilities.
Impact
The implementation of SB785 would strengthen existing state laws regarding the accountability of employees working in vulnerable settings, such as nursing homes and assisted living facilities. The bill mandates that facilities conspicuously display information about complaint procedures, inspection reports, and safeguards against discrimination for those reporting misconduct. This will allow residents and their families a clearer understanding of their rights and the mechanisms in place to address any grievances related to employee conduct, thereby fostering a culture of safety and trust in care facilities.
Summary
SB785 addresses the establishment and maintenance of an employee misconduct registry designed for individuals employed in facilities regulated by the Texas Department of Aging and Disability Services. The bill outlines definitions crucial to understanding reportable conduct, which includes various forms of abuse or neglect directed at residents or consumers of care facilities. The proposed amendments aim to enhance the tracking and reporting of employee misconduct, thereby improving safety and accountability within these care facilities. The legislation requires that any reported misconduct be promptly investigated and documented to ensure transparency about employee conduct in these environments.
Contention
Notable points of contention surrounding SB785 include the balance between proper oversight of employee misconduct and the potential implications for employee privacy and employment prospects. While advocates of the bill argue that such a registry is crucial for protecting vulnerable populations from abuse, critics may raise concerns about the consequences of being listed in the registry, particularly if the findings have yet to be confirmed in an investigation. As such, ensuring a fair process for employees who are accused of misconduct will be critical in managing both accountability and the rights of healthcare workers.
Relating to the reporting and investigation of certain allegations of abuse, neglect, and exploitation, the making and investigation of complaints alleging violations of certain health facility licensing requirements, and the content of the employee misconduct registry.
Relating to imposing requirements on the employment of or contracts for certain individuals providing services to individuals with an intellectual or developmental disability, including requiring certain facilities and Medicaid providers to conduct criminal history record information and employee misconduct registry reviews and to suspend the employment or contracts of individuals who engage in reportable conduct; providing administrative penalties.
Relating to an interagency reportable conduct search engine, standards for a person's removal from the employee misconduct registry and eligibility for certification as certain Texas Juvenile Justice Department officers and employees, and the use of certain information by certain state agencies to conduct background checks.
Relating to criminal history record information and certain registry information accessible to certain educational and child-care entities and information required for employment in certain child-care facilities.
Relating to criminal history record information and certain registry information accessible to certain educational and child-care entities and information required for employment in certain child-care facilities.
Relating to suspending the employment of certain persons who provide care to individuals with an intellectual or developmental disability and who are alleged to have engaged in reportable conduct; providing an administrative penalty.
Relating to certain employee misconduct registries and to the imposition of a disciplinary action on a licensed nursing facility administrator; providing a penalty.
Relating to certain misconduct committed by an employee or security personnel of a public school or certain other educational entities, including the criminal offense of improper relationship with a student.
Relating to employing, terminating, and reporting the misconduct of public school personnel and related entity personnel, including creating a registry of persons ineligible for hire; creating criminal offenses.
Relating to employing, terminating, and reporting the misconduct of public school personnel and related entity personnel, including creating a registry of persons ineligible for hire; creating criminal offenses.
Relating to employing, terminating, and reporting misconduct of public school personnel and related entity personnel, including creating a registry of persons ineligible for hire; creating a criminal offense.
Relating to parental rights in public education, to the creation of the office of inspector general at the Texas Education Agency, and to the reporting of certain misconduct and child abuse and neglect; creating a criminal offense.