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Texas Senate Bill SB152

Texas 2013 - 83rd Regular

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11 By: Nelson, et al. S.B. No. 152
22 (Kolkhorst)
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the protection and care of persons who are elderly or
88 disabled or who are children.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subsection (b), Section 532.001, Health and
1111 Safety Code, is amended to read as follows:
1212 (b) The Department of Aging and Disability Services and the
1313 Department of State Health Services also include community services
1414 operated by those departments and the following facilities, as
1515 appropriate:
1616 (1) the central office of each department;
1717 (2) the Austin State Hospital;
1818 (3) the Big Spring State Hospital;
1919 (4) the Kerrville State Hospital;
2020 (5) the Rusk State Hospital;
2121 (6) the San Antonio State Hospital;
2222 (7) the Terrell State Hospital;
2323 (8) the North Texas State Hospital;
2424 (9) the Abilene State Supported Living Center;
2525 (10) the Austin State Supported Living Center;
2626 (11) the Brenham State Supported Living Center;
2727 (12) the Corpus Christi State Supported Living Center;
2828 (13) the Denton State Supported Living Center;
2929 (14) the Lubbock State Supported Living Center;
3030 (15) the Lufkin State Supported Living Center;
3131 (16) the Mexia State Supported Living Center;
3232 (17) the Richmond State Supported Living Center;
3333 (18) the San Angelo State Supported Living Center;
3434 (19) the San Antonio State Supported Living Center;
3535 (20) the El Paso State Supported Living Center;
3636 (21) the Rio Grande State Center; [and]
3737 (22) the Waco Center for Youth; and
3838 (23) the El Paso Psychiatric Center.
3939 SECTION 2. Subchapter A, Chapter 552, Health and Safety
4040 Code, is amended by adding Section 552.0011 to read as follows:
4141 Sec. 552.0011. DEFINITIONS. In this chapter:
4242 (1) "Commission" means the Health and Human Services
4343 Commission.
4444 (2) "Department" means the Department of State Health
4545 Services.
4646 (3) "Direct care employee" means a state hospital
4747 employee who provides direct delivery of services to a patient.
4848 (4) "Direct supervision" means supervision of the
4949 employee by the employee's supervisor with the supervisor
5050 physically present and providing the employee with direction and
5151 assistance while the employee performs his or her duties.
5252 (5) "Executive commissioner" means the executive
5353 commissioner of the Health and Human Services Commission.
5454 (6) "Inspector general" means the Health and Human
5555 Services Commission's office of inspector general.
5656 (7) "Patient" means an individual who is receiving
5757 voluntary or involuntary mental health services at a state
5858 hospital.
5959 (8) "State hospital" means a hospital operated by the
6060 department primarily to provide inpatient care and treatment for
6161 persons with mental illness.
6262 SECTION 3. Chapter 552, Health and Safety Code, is amended
6363 by adding Subchapters C and D to read as follows:
6464 SUBCHAPTER C. POWERS AND DUTIES OF DEPARTMENT RELATING TO STATE
6565 HOSPITALS
6666 Sec. 552.051. REPORTS OF ILLEGAL DRUG USE; POLICY. The
6767 executive commissioner shall adopt a policy requiring a state
6868 hospital employee who knows or reasonably suspects that another
6969 state hospital employee is illegally using or under the influence
7070 of a controlled substance, as defined by Section 481.002, to report
7171 that knowledge or reasonable suspicion to the superintendent of the
7272 state hospital.
7373 Sec. 552.052. STATE HOSPITAL EMPLOYEE TRAINING.
7474 (a) Before a state hospital employee begins to perform the
7575 employee's duties without direct supervision, the department shall
7676 provide the employee with competency training and a course of
7777 instruction about the general duties of a state hospital employee.
7878 Upon completion of such training and instruction, the department
7979 shall evaluate the employee for competency. The department shall
8080 ensure the basic state hospital employee competency course focuses
8181 on:
8282 (1) the uniqueness of the individuals the state
8383 hospital employee serves;
8484 (2) techniques for improving quality of life for and
8585 promoting the health and safety of individuals with mental illness;
8686 and
8787 (3) the conduct expected of state hospital employees.
8888 (b) The department shall ensure the training required by
8989 Subsection (a) provides instruction and information regarding
9090 topics relevant to providing care for individuals with mental
9191 illness, including:
9292 (1) the general operation and layout of the state
9393 hospital at which the person is employed, including armed intruder
9494 lockdown procedures;
9595 (2) an introduction to mental illness;
9696 (3) an introduction to substance abuse;
9797 (4) an introduction to dual diagnosis;
9898 (5) the rights of individuals with mental illness who
9999 receive services from the department;
100100 (6) respecting personal choices made by patients;
101101 (7) the safe and proper use of restraints;
102102 (8) recognizing and reporting:
103103 (A) evidence of abuse, neglect, and exploitation
104104 of individuals with mental illness;
105105 (B) unusual incidents;
106106 (C) reasonable suspicion of illegal drug use in
107107 the workplace;
108108 (D) workplace violence; or
109109 (E) sexual harassment in the workplace;
110110 (9) preventing and treating infection;
111111 (10) first aid;
112112 (11) cardiopulmonary resuscitation;
113113 (12) the Health Insurance Portability and
114114 Accountability Act of 1996 (Pub. L. No. 104-191); and
115115 (13) the rights of state hospital employees.
116116 (c) In addition to the training required by Subsection (a)
117117 and before a direct care employee begins to perform the direct care
118118 employee's duties without direct supervision, the department shall
119119 provide the direct care employee with training and instructional
120120 information regarding implementation of the interdisciplinary
121121 treatment program for each patient for whom the direct care
122122 employee will provide direct care, including the following topics:
123123 (1) prevention and management of aggressive or violent
124124 behavior;
125125 (2) observing and reporting changes in behavior,
126126 appearance, or health of patients;
127127 (3) positive behavior support;
128128 (4) emergency response;
129129 (5) person-directed plans;
130130 (6) self-determination; and
131131 (7) trauma-informed care.
132132 (d) In addition to the training required by Subsection (c),
133133 the department shall provide, in accordance with the specialized
134134 needs of the population being served, a direct care employee with
135135 training and instructional information as necessary regarding:
136136 (1) seizure safety;
137137 (2) techniques for:
138138 (A) lifting;
139139 (B) positioning; and
140140 (C) movement and mobility;
141141 (3) working with aging patients;
142142 (4) assisting patients:
143143 (A) who have a visual impairment;
144144 (B) who have a hearing deficit; or
145145 (C) who require the use of adaptive devices and
146146 specialized equipment;
147147 (5) communicating with patients who use augmentative
148148 and alternative devices for communication;
149149 (6) assisting patients with personal hygiene;
150150 (7) recognizing appropriate food textures;
151151 (8) using proper feeding techniques to assist patients
152152 with meals; and
153153 (9) physical and nutritional management plans.
154154 (e) The executive commissioner shall adopt rules that
155155 require a state hospital to provide refresher training courses to
156156 employees at least annually, unless the department determines in
157157 good faith and with good reason a particular employee's performance
158158 will not be adversely affected in the absence of such refresher
159159 training.
160160 Sec. 552.053. INFORMATION MANAGEMENT, REPORTING, AND
161161 TRACKING SYSTEM. The department shall develop an information
162162 management, reporting, and tracking system for each state hospital
163163 to provide the department with information necessary to monitor
164164 serious allegations of abuse, neglect, or exploitation.
165165 Sec. 552.054. RISK ASSESSMENT PROTOCOLS. The department
166166 shall develop risk assessment protocols for state hospital
167167 employees for use in identifying and assessing possible instances
168168 of abuse or neglect.
169169 SUBCHAPTER D. INSPECTOR GENERAL DUTIES
170170 Sec. 552.101. ASSISTING LAW ENFORCEMENT AGENCIES WITH
171171 CERTAIN INVESTIGATIONS. The inspector general shall employ and
172172 commission peace officers for the purpose of assisting a state or
173173 local law enforcement agency in the investigation of an alleged
174174 criminal offense involving a patient of a state hospital. A peace
175175 officer employed and commissioned by the inspector general is a
176176 peace officer for purposes of Article 2.12, Code of Criminal
177177 Procedure.
178178 Sec. 552.102. SUMMARY REPORT. (a) The inspector general
179179 shall prepare a summary report for each investigation conducted
180180 with the assistance of the inspector general under this subchapter.
181181 The inspector general shall ensure that the report does not contain
182182 personally identifiable information of an individual mentioned in
183183 the report.
184184 (b) The summary report must include:
185185 (1) a summary of the activities performed during an
186186 investigation for which the inspector general provided assistance;
187187 (2) a statement regarding whether the investigation
188188 resulted in a finding that an alleged criminal offense was
189189 committed; and
190190 (3) a description of the alleged criminal offense that
191191 was committed.
192192 (c) The inspector general shall deliver the summary report
193193 to the:
194194 (1) executive commissioner;
195195 (2) commissioner of state health services;
196196 (3) commissioner of the Department of Family and
197197 Protective Services;
198198 (4) State Health Services Council;
199199 (5) governor;
200200 (6) lieutenant governor;
201201 (7) speaker of the house of representatives;
202202 (8) standing committees of the senate and house of
203203 representatives with primary jurisdiction over state hospitals;
204204 (9) state auditor; and
205205 (10) alleged victim or the alleged victim's legally
206206 authorized representative.
207207 (d) A summary report regarding an investigation is subject
208208 to required disclosure under Chapter 552, Government Code. All
209209 information and materials compiled by the inspector general in
210210 connection with an investigation are confidential, not subject to
211211 disclosure under Chapter 552, Government Code, and not subject to
212212 disclosure, discovery, subpoena, or other means of legal compulsion
213213 for their release to anyone other than the inspector general or the
214214 inspector general's employees or agents involved in the
215215 investigation, except that this information may be disclosed to the
216216 Department of Family and Protective Services, the office of the
217217 attorney general, the state auditor's office, and law enforcement
218218 agencies.
219219 Sec. 552.103. ANNUAL STATUS REPORT. (a) The inspector
220220 general shall prepare an annual status report of the inspector
221221 general's activities under this subchapter. The annual report may
222222 not contain personally identifiable information of an individual
223223 mentioned in the report.
224224 (b) The annual status report must include information that
225225 is aggregated and disaggregated by individual state hospital
226226 regarding:
227227 (1) the number and type of investigations conducted
228228 with the assistance of the inspector general;
229229 (2) the number and type of investigations involving a
230230 state hospital employee;
231231 (3) the relationship of an alleged victim to an
232232 alleged perpetrator, if any;
233233 (4) the number of investigations conducted that
234234 involve the suicide, death, or hospitalization of an alleged
235235 victim; and
236236 (5) the number of completed investigations in which
237237 commission of an alleged offense was confirmed or unsubstantiated
238238 or in which the investigation was inconclusive, and a description
239239 of the reason that allegations were unsubstantiated or the
240240 investigation was inconclusive.
241241 (c) The inspector general shall submit the annual status
242242 report to the:
243243 (1) executive commissioner;
244244 (2) commissioner of state health services;
245245 (3) commissioner of the Department of Family and
246246 Protective Services;
247247 (4) State Health Services Council;
248248 (5) Family and Protective Services Council;
249249 (6) governor;
250250 (7) lieutenant governor;
251251 (8) speaker of the house of representatives;
252252 (9) standing committees of the senate and house of
253253 representatives with primary jurisdiction over state hospitals;
254254 (10) state auditor; and
255255 (11) comptroller.
256256 (d) An annual status report submitted under this section is
257257 public information under Chapter 552, Government Code.
258258 Sec. 552.104. RETALIATION PROHIBITED. The department or a
259259 state hospital may not retaliate against a department employee, a
260260 state hospital employee, or any other person who in good faith
261261 cooperates with the inspector general under this subchapter.
262262 SECTION 4. Section 261.101, Family Code, is amended by
263263 adding Subsection (b-1) and amending Subsection (c) to read as
264264 follows:
265265 (b-1) In addition to the duty to make a report under
266266 Subsection (a) or (b), a person or professional shall make a report
267267 in the manner required by Subsection (a) or (b), as applicable, if
268268 the person or professional has cause to believe that an adult was a
269269 victim of abuse or neglect as a child and the person or professional
270270 determines in good faith that disclosure of the information is
271271 necessary to protect the health and safety of:
272272 (1) another child; or
273273 (2) an elderly or disabled person as defined by
274274 Section 48.002, Human Resources Code.
275275 (c) The requirement to report under this section applies
276276 without exception to an individual whose personal communications
277277 may otherwise be privileged, including an attorney, a member of the
278278 clergy, a medical practitioner, a social worker, a mental health
279279 professional, an employee or member of a board that licenses or
280280 certifies a professional, and an employee of a clinic or health care
281281 facility that provides reproductive services.
282282 SECTION 5. Subchapter F, Chapter 411, Government Code, is
283283 amended by adding Section 411.1103 to read as follows:
284284 Sec. 411.1103. ACCESS TO CRIMINAL HISTORY RECORD
285285 INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES. (a) The
286286 Department of State Health Services is entitled to obtain from the
287287 department criminal history record information maintained by the
288288 department that relates to a person:
289289 (1) who is:
290290 (A) an applicant for employment at a state
291291 hospital;
292292 (B) an employee of a state hospital;
293293 (C) a person who contracts or may contract to
294294 provide goods or services to the Department of State Health
295295 Services at a state hospital or an employee of or applicant for
296296 employment with that person;
297297 (D) a volunteer with a state hospital; or
298298 (E) an applicant for a volunteer position with a
299299 state hospital; and
300300 (2) who would be placed in direct contact with a
301301 patient at a state hospital.
302302 (b) Criminal history record information obtained by the
303303 Department of State Health Services under this section may not be
304304 released or disclosed to any person except:
305305 (1) on court order;
306306 (2) with the consent of the person who is the subject
307307 of the criminal history record information;
308308 (3) for purposes of an administrative hearing held by
309309 the Department of State Health Services concerning the person who
310310 is the subject of the criminal history record information; or
311311 (4) as provided by Subsection (c).
312312 (c) The Department of State Health Services is not
313313 prohibited from releasing criminal history record information
314314 obtained under this section to the person who is the subject of the
315315 criminal history record information.
316316 (d) Subject to Section 411.087, the Department of State
317317 Health Services is entitled to:
318318 (1) obtain through the Federal Bureau of Investigation
319319 criminal history record information maintained or indexed by that
320320 bureau that pertains to a person described by Subsection (a); and
321321 (2) obtain from any other criminal justice agency in
322322 this state criminal history record information maintained by that
323323 criminal justice agency that relates to a person described by
324324 Subsection (a).
325325 (e) This section does not prohibit the Department of State
326326 Health Services from obtaining and using criminal history record
327327 information as provided by other law.
328328 SECTION 6. Subsection (c), Section 48.051, Human Resources
329329 Code, is amended to read as follows:
330330 (c) The duty imposed by Subsections (a) and (b) applies
331331 without exception to a person whose knowledge concerning possible
332332 abuse, neglect, or exploitation is obtained during the scope of the
333333 person's employment or whose professional communications are
334334 generally confidential, including an attorney, clergy member,
335335 medical practitioner, social worker, employee or member of a board
336336 that licenses or certifies a professional, and mental health
337337 professional.
338338 SECTION 7. Section 552.011, Health and Safety Code, is
339339 repealed.
340340 SECTION 8. Not later than December 1, 2013, the executive
341341 commissioner of the Health and Human Services Commission shall
342342 adopt rules necessary to implement Subchapter C, Chapter 552,
343343 Health and Safety Code, as added by this Act.
344344 SECTION 9. (a) Not later than May 1, 2014, the Health and
345345 Human Services Commission's office of inspector general shall begin
346346 employing and commissioning peace officers as required by Section
347347 552.101, Health and Safety Code, as added by this Act.
348348 (b) Not later than January 1, 2014, the Department of State
349349 Health Services shall develop the training required by Section
350350 552.052, Health and Safety Code, as added by this Act.
351351 (c) The Department of State Health Services shall ensure
352352 that each state hospital employee receives the training required by
353353 Section 552.052, Health and Safety Code, as added by this Act,
354354 regardless of when the employee was hired, not later than September
355355 1, 2014.
356356 SECTION 10. Section 411.1103, Government Code, as added by
357357 this Act, applies only to background and criminal history checks
358358 performed on or after the effective date of this Act.
359359 SECTION 11. If before implementing any provision of this
360360 Act a state agency determines that a waiver or authorization from a
361361 federal agency is necessary for implementation of that provision,
362362 the agency affected by the provision shall request the waiver or
363363 authorization and may delay implementing that provision until the
364364 waiver or authorization is granted.
365365 SECTION 12. This Act takes effect immediately if it
366366 receives a vote of two-thirds of all the members elected to each
367367 house, as provided by Section 39, Article III, Texas Constitution.
368368 If this Act does not receive the vote necessary for immediate
369369 effect, this Act takes effect September 1, 2013.