86R8093 LED-D
By: Davis of Dallas H.B. No. 1715
A BILL TO BE ENTITLED
AN ACT
relating to registration of certain establishments providing
assisted living services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle B, Title 4, Health and
Safety Code, is amended to read as follows:
SUBTITLE B. LICENSING AND REGULATION OF HEALTH FACILITIES
SECTION 2. The heading to Chapter 247, Health and Safety
Code, is amended to read as follows:
CHAPTER 247. ASSISTED LIVING FACILITIES AND SIMILAR ASSISTED
LIVING SERVICE ESTABLISHMENTS
SECTION 3. Subchapter D, Chapter 247, Health and Safety
Code, is amended by adding Section 247.072 to read as follows:
Sec. 247.072. REGISTRATION OF ASSISTED LIVING SERVICE
ESTABLISHMENTS. (a) In this section, "assisted living service
establishment" means an establishment that:
(1) furnishes, in one or more facilities, food and
shelter to three or fewer persons who are unrelated to the
proprietor of the establishment;
(2) provides:
(A) personal care services; or
(B) administration of medication by a person
licensed or otherwise authorized in this state to administer the
medication;
(3) may provide assistance with or supervision of the
administration of medication; and
(4) may provide skilled nursing services for the
following limited purposes:
(A) coordination of resident care with outside
home and community support services agencies and other health care
professionals;
(B) provision or delegation of personal care
services and medication administration as described by Subdivision
(2);
(C) assessment of residents to determine the care
required; and
(D) for periods of time as established by
commission rule, delivery of temporary skilled nursing treatment
for a minor illness, injury, or emergency.
(b) A person may not establish or operate an assisted living
service establishment unless the person registers the
establishment with the commission and complies with commission
rules related to the establishment.
(c) The executive commissioner shall adopt rules necessary
to protect the public health and safety and to implement this
section.
(d) A person who violates this section and rules adopted
under this section is subject to the enforcement provisions of
Subchapter C.
SECTION 4. Not later than December 1, 2019, the executive
commissioner of the Health and Human Services Commission shall
adopt any rules necessary to implement Section 247.072, Health and
Safety Code, as added by this Act.
SECTION 5. Notwithstanding Section 247.072, Health and
Safety Code, as added by this Act, a person is not required to
register an establishment to which that section applies until
January 1, 2020.
SECTION 6. This Act takes effect September 1, 2019.