By: Nelson, et al. S.B. No. 152
(Kolkhorst)
A BILL TO BE ENTITLED
AN ACT
relating to the protection and care of persons who are elderly or
disabled or who are children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 532.001, Health and
Safety Code, is amended to read as follows:
(b) The Department of Aging and Disability Services and the
Department of State Health Services also include community services
operated by those departments and the following facilities, as
appropriate:
(1) the central office of each department;
(2) the Austin State Hospital;
(3) the Big Spring State Hospital;
(4) the Kerrville State Hospital;
(5) the Rusk State Hospital;
(6) the San Antonio State Hospital;
(7) the Terrell State Hospital;
(8) the North Texas State Hospital;
(9) the Abilene State Supported Living Center;
(10) the Austin State Supported Living Center;
(11) the Brenham State Supported Living Center;
(12) the Corpus Christi State Supported Living Center;
(13) the Denton State Supported Living Center;
(14) the Lubbock State Supported Living Center;
(15) the Lufkin State Supported Living Center;
(16) the Mexia State Supported Living Center;
(17) the Richmond State Supported Living Center;
(18) the San Angelo State Supported Living Center;
(19) the San Antonio State Supported Living Center;
(20) the El Paso State Supported Living Center;
(21) the Rio Grande State Center; [and]
(22) the Waco Center for Youth; and
(23) the El Paso Psychiatric Center.
SECTION 2. Subchapter A, Chapter 552, Health and Safety
Code, is amended by adding Section 552.0011 to read as follows:
Sec. 552.0011. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Department" means the Department of State Health
Services.
(3) "Direct care employee" means a state hospital
employee who provides direct delivery of services to a patient.
(4) "Direct supervision" means supervision of the
employee by the employee's supervisor with the supervisor
physically present and providing the employee with direction and
assistance while the employee performs his or her duties.
(5) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(6) "Inspector general" means the Health and Human
Services Commission's office of inspector general.
(7) "Patient" means an individual who is receiving
voluntary or involuntary mental health services at a state
hospital.
(8) "State hospital" means a hospital operated by the
department primarily to provide inpatient care and treatment for
persons with mental illness.
SECTION 3. Chapter 552, Health and Safety Code, is amended
by adding Subchapters C and D to read as follows:
SUBCHAPTER C. POWERS AND DUTIES OF DEPARTMENT RELATING TO STATE
HOSPITALS
Sec. 552.051. REPORTS OF ILLEGAL DRUG USE; POLICY. The
executive commissioner shall adopt a policy requiring a state
hospital employee who knows or reasonably suspects that another
state hospital employee is illegally using or under the influence
of a controlled substance, as defined by Section 481.002, to report
that knowledge or reasonable suspicion to the superintendent of the
state hospital.
Sec. 552.052. STATE HOSPITAL EMPLOYEE TRAINING.
(a) Before a state hospital employee begins to perform the
employee's duties without direct supervision, the department shall
provide the employee with competency training and a course of
instruction about the general duties of a state hospital employee.
Upon completion of such training and instruction, the department
shall evaluate the employee for competency. The department shall
ensure the basic state hospital employee competency course focuses
on:
(1) the uniqueness of the individuals the state
hospital employee serves;
(2) techniques for improving quality of life for and
promoting the health and safety of individuals with mental illness;
and
(3) the conduct expected of state hospital employees.
(b) The department shall ensure the training required by
Subsection (a) provides instruction and information regarding
topics relevant to providing care for individuals with mental
illness, including:
(1) the general operation and layout of the state
hospital at which the person is employed, including armed intruder
lockdown procedures;
(2) an introduction to mental illness;
(3) an introduction to substance abuse;
(4) an introduction to dual diagnosis;
(5) the rights of individuals with mental illness who
receive services from the department;
(6) respecting personal choices made by patients;
(7) the safe and proper use of restraints;
(8) recognizing and reporting:
(A) evidence of abuse, neglect, and exploitation
of individuals with mental illness;
(B) unusual incidents;
(C) reasonable suspicion of illegal drug use in
the workplace;
(D) workplace violence; or
(E) sexual harassment in the workplace;
(9) preventing and treating infection;
(10) first aid;
(11) cardiopulmonary resuscitation;
(12) the Health Insurance Portability and
Accountability Act of 1996 (Pub. L. No. 104-191); and
(13) the rights of state hospital employees.
(c) In addition to the training required by Subsection (a)
and before a direct care employee begins to perform the direct care
employee's duties without direct supervision, the department shall
provide the direct care employee with training and instructional
information regarding implementation of the interdisciplinary
treatment program for each patient for whom the direct care
employee will provide direct care, including the following topics:
(1) prevention and management of aggressive or violent
behavior;
(2) observing and reporting changes in behavior,
appearance, or health of patients;
(3) positive behavior support;
(4) emergency response;
(5) person-directed plans;
(6) self-determination; and
(7) trauma-informed care.
(d) In addition to the training required by Subsection (c),
the department shall provide, in accordance with the specialized
needs of the population being served, a direct care employee with
training and instructional information as necessary regarding:
(1) seizure safety;
(2) techniques for:
(A) lifting;
(B) positioning; and
(C) movement and mobility;
(3) working with aging patients;
(4) assisting patients:
(A) who have a visual impairment;
(B) who have a hearing deficit; or
(C) who require the use of adaptive devices and
specialized equipment;
(5) communicating with patients who use augmentative
and alternative devices for communication;
(6) assisting patients with personal hygiene;
(7) recognizing appropriate food textures;
(8) using proper feeding techniques to assist patients
with meals; and
(9) physical and nutritional management plans.
(e) The executive commissioner shall adopt rules that
require a state hospital to provide refresher training courses to
employees at least annually, unless the department determines in
good faith and with good reason a particular employee's performance
will not be adversely affected in the absence of such refresher
training.
Sec. 552.053. INFORMATION MANAGEMENT, REPORTING, AND
TRACKING SYSTEM. The department shall develop an information
management, reporting, and tracking system for each state hospital
to provide the department with information necessary to monitor
serious allegations of abuse, neglect, or exploitation.
Sec. 552.054. RISK ASSESSMENT PROTOCOLS. The department
shall develop risk assessment protocols for state hospital
employees for use in identifying and assessing possible instances
of abuse or neglect.
SUBCHAPTER D. INSPECTOR GENERAL DUTIES
Sec. 552.101. ASSISTING LAW ENFORCEMENT AGENCIES WITH
CERTAIN INVESTIGATIONS. The inspector general shall employ and
commission peace officers for the purpose of assisting a state or
local law enforcement agency in the investigation of an alleged
criminal offense involving a patient of a state hospital. A peace
officer employed and commissioned by the inspector general is a
peace officer for purposes of Article 2.12, Code of Criminal
Procedure.
Sec. 552.102. SUMMARY REPORT. (a) The inspector general
shall prepare a summary report for each investigation conducted
with the assistance of the inspector general under this subchapter.
The inspector general shall ensure that the report does not contain
personally identifiable information of an individual mentioned in
the report.
(b) The summary report must include:
(1) a summary of the activities performed during an
investigation for which the inspector general provided assistance;
(2) a statement regarding whether the investigation
resulted in a finding that an alleged criminal offense was
committed; and
(3) a description of the alleged criminal offense that
was committed.
(c) The inspector general shall deliver the summary report
to the:
(1) executive commissioner;
(2) commissioner of state health services;
(3) commissioner of the Department of Family and
Protective Services;
(4) State Health Services Council;
(5) governor;
(6) lieutenant governor;
(7) speaker of the house of representatives;
(8) standing committees of the senate and house of
representatives with primary jurisdiction over state hospitals;
(9) state auditor; and
(10) alleged victim or the alleged victim's legally
authorized representative.
(d) A summary report regarding an investigation is subject
to required disclosure under Chapter 552, Government Code. All
information and materials compiled by the inspector general in
connection with an investigation are confidential, not subject to
disclosure under Chapter 552, Government Code, and not subject to
disclosure, discovery, subpoena, or other means of legal compulsion
for their release to anyone other than the inspector general or the
inspector general's employees or agents involved in the
investigation, except that this information may be disclosed to the
Department of Family and Protective Services, the office of the
attorney general, the state auditor's office, and law enforcement
agencies.
Sec. 552.103. ANNUAL STATUS REPORT. (a) The inspector
general shall prepare an annual status report of the inspector
general's activities under this subchapter. The annual report may
not contain personally identifiable information of an individual
mentioned in the report.
(b) The annual status report must include information that
is aggregated and disaggregated by individual state hospital
regarding:
(1) the number and type of investigations conducted
with the assistance of the inspector general;
(2) the number and type of investigations involving a
state hospital employee;
(3) the relationship of an alleged victim to an
alleged perpetrator, if any;
(4) the number of investigations conducted that
involve the suicide, death, or hospitalization of an alleged
victim; and
(5) the number of completed investigations in which
commission of an alleged offense was confirmed or unsubstantiated
or in which the investigation was inconclusive, and a description
of the reason that allegations were unsubstantiated or the
investigation was inconclusive.
(c) The inspector general shall submit the annual status
report to the:
(1) executive commissioner;
(2) commissioner of state health services;
(3) commissioner of the Department of Family and
Protective Services;
(4) State Health Services Council;
(5) Family and Protective Services Council;
(6) governor;
(7) lieutenant governor;
(8) speaker of the house of representatives;
(9) standing committees of the senate and house of
representatives with primary jurisdiction over state hospitals;
(10) state auditor; and
(11) comptroller.
(d) An annual status report submitted under this section is
public information under Chapter 552, Government Code.
Sec. 552.104. RETALIATION PROHIBITED. The department or a
state hospital may not retaliate against a department employee, a
state hospital employee, or any other person who in good faith
cooperates with the inspector general under this subchapter.
SECTION 4. Section 261.101, Family Code, is amended by
adding Subsection (b-1) and amending Subsection (c) to read as
follows:
(b-1) In addition to the duty to make a report under
Subsection (a) or (b), a person or professional shall make a report
in the manner required by Subsection (a) or (b), as applicable, if
the person or professional has cause to believe that an adult was a
victim of abuse or neglect as a child and the person or professional
determines in good faith that disclosure of the information is
necessary to protect the health and safety of:
(1) another child; or
(2) an elderly or disabled person as defined by
Section 48.002, Human Resources Code.
(c) The requirement to report under this section applies
without exception to an individual whose personal communications
may otherwise be privileged, including an attorney, a member of the
clergy, a medical practitioner, a social worker, a mental health
professional, an employee or member of a board that licenses or
certifies a professional, and an employee of a clinic or health care
facility that provides reproductive services.
SECTION 5. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1103 to read as follows:
Sec. 411.1103. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES. (a) The
Department of State Health Services is entitled to obtain from the
department criminal history record information maintained by the
department that relates to a person:
(1) who is:
(A) an applicant for employment at a state
hospital;
(B) an employee of a state hospital;
(C) a person who contracts or may contract to
provide goods or services to the Department of State Health
Services at a state hospital or an employee of or applicant for
employment with that person;
(D) a volunteer with a state hospital; or
(E) an applicant for a volunteer position with a
state hospital; and
(2) who would be placed in direct contact with a
patient at a state hospital.
(b) Criminal history record information obtained by the
Department of State Health Services under this section may not be
released or disclosed to any person except:
(1) on court order;
(2) with the consent of the person who is the subject
of the criminal history record information;
(3) for purposes of an administrative hearing held by
the Department of State Health Services concerning the person who
is the subject of the criminal history record information; or
(4) as provided by Subsection (c).
(c) The Department of State Health Services is not
prohibited from releasing criminal history record information
obtained under this section to the person who is the subject of the
criminal history record information.
(d) Subject to Section 411.087, the Department of State
Health Services is entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described by Subsection (a); and
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained by that
criminal justice agency that relates to a person described by
Subsection (a).
(e) This section does not prohibit the Department of State
Health Services from obtaining and using criminal history record
information as provided by other law.
SECTION 6. Subsection (c), Section 48.051, Human Resources
Code, is amended to read as follows:
(c) The duty imposed by Subsections (a) and (b) applies
without exception to a person whose knowledge concerning possible
abuse, neglect, or exploitation is obtained during the scope of the
person's employment or whose professional communications are
generally confidential, including an attorney, clergy member,
medical practitioner, social worker, employee or member of a board
that licenses or certifies a professional, and mental health
professional.
SECTION 7. Section 552.011, Health and Safety Code, is
repealed.
SECTION 8. Not later than December 1, 2013, the executive
commissioner of the Health and Human Services Commission shall
adopt rules necessary to implement Subchapter C, Chapter 552,
Health and Safety Code, as added by this Act.
SECTION 9. (a) Not later than May 1, 2014, the Health and
Human Services Commission's office of inspector general shall begin
employing and commissioning peace officers as required by Section
552.101, Health and Safety Code, as added by this Act.
(b) Not later than January 1, 2014, the Department of State
Health Services shall develop the training required by Section
552.052, Health and Safety Code, as added by this Act.
(c) The Department of State Health Services shall ensure
that each state hospital employee receives the training required by
Section 552.052, Health and Safety Code, as added by this Act,
regardless of when the employee was hired, not later than September
1, 2014.
SECTION 10. Section 411.1103, Government Code, as added by
this Act, applies only to background and criminal history checks
performed on or after the effective date of this Act.
SECTION 11. If before implementing any provision of this
Act a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 12. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2013.