Texas 2019 - 86th Regular

Texas House Bill HB3428 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3428
	1	+	By: Capriglione, et al. (Senate Sponsor - Perry) H.B. No. 3428
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 7, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 20, 2019, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 20, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to training on Alzheimer's disease and dementia for
6	12		certain Department of Family and Protective Services employees and
7	13		area agencies on aging employees and volunteers.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subchapter B, Chapter 40, Human Resources Code,
10	16		is amended by adding Section 40.036 to read as follows:
11	17		Sec. 40.036. ALZHEIMER'S DISEASE AND DEMENTIA TRAINING.
12	18		(a) In this section:
13	19		(1) "Adult protective services employee" means a
14	20		division employee who performs a function described by Section
15	21		40.035(a).
16	22		(2) "Division" means the department's adult protective
17	23		services division.
18	24		(b) Except as provided by Subsections (c) and (d), the
19	25		department shall develop a training program for adult protective
20	26		services employees on identifying and interacting with individuals
21	27		who have Alzheimer's disease or dementia. The program must include
22	28		an initial four-hour training requirement and an annual two-hour
23	29		continuing education requirement. The requirements are in addition
24	30		to the training required by Section 40.035, but may be provided in
25	31		conjunction with that training. The training program must cover,
26	32		at a minimum, information about:
27	33		(1) dementia, including behavioral and psychiatric
28	34		symptoms;
29	35		(2) interaction with an individual who has impaired
30	36		communication skills, including effective and respectful
31	37		communication techniques;
32	38		(3) techniques for understanding and approaching an
33	39		individual's behavioral symptoms;
34	40		(4) specific aspects of safety, including wandering by
35	41		an individual;
36	42		(5) abuse, neglect, and exploitation, as defined by
37	43		Section 48.002, of an individual with Alzheimer's disease or
38	44		dementia, including:
39	45		(A) identifying the most common types of abuse;
40	46		(B) recognizing signs of abuse, neglect, and
41	47		exploitation; and
42	48		(C) identifying when it is necessary to contact a
43	49		law enforcement agency about potential criminal behavior toward an
44	50		individual with Alzheimer's disease or dementia that is committed
45	51		by a family member or caretaker of the individual or that occurs in
46	52		an institution;
47	53		(6) identification of self-neglect by an individual
48	54		with Alzheimer's disease or dementia; and
49	55		(7) protocols for connecting an individual with
50	56		Alzheimer's disease or dementia to local care resources or
51	57		professionals who are skilled in dementia care to encourage
52	58		cross-referring the individual for services and increase reporting
53	59		of incidents of abuse, neglect, or exploitation.
54	60		(c) The division may use a training program developed or
55	61		adopted by the Health and Human Services Commission or the
56	62		Department of State Health Services if the program is equivalent to
57	63		or more extensive than the program requirements under Subsection
58	64		(b).
59	65		(d) If another state law or a federal law or regulation
60	66		requires training on Alzheimer's disease or dementia that is more
61	67		rigorous or extensive than the training required by Subsection (b),
62	68		the division shall provide training to adult protective services
63	69		employees that complies with that law or regulation.
64	70		(e) An area agency on aging must ensure that the agency's
65	71		employees or volunteers who provide services directly to an elderly
66	72		individual or the individual's family members or caregivers receive
67	73		training on Alzheimer's disease and dementia. The training must:
68	74		(1) be evidence-based or evidence-informed; and
69	75		(2) focus on:
70	76		(A) recognizing the signs and symptoms of
71	77		cognitive impairments caused by Alzheimer's disease or dementia;
72	78		and
73	79		(B) understanding how the cognitive impairments
74	80		may affect the screening of and service planning for an elderly
75	81		individual.
76	82		(f) An area agency on aging may provide the training
77	83		described by Subsection (b) through:
78	84		(1) a course developed by the agency; or
79	85		(2) a course that is available from the department,
80	86		the Health and Human Services Commission, the Department of State
81	87		Health Services, or an entity that is involved in education or
82	88		services relating to Alzheimer's disease or dementia, including the
83	89		Alzheimer's Association and caregiver organizations.
84	90		SECTION 2. As soon as practicable after the effective date
85	91		of this Act, the Department of Family and Protective Services
86	92		shall:
87	93		(1) develop or approve the Alzheimer's disease and
88	94		dementia training program required by Section 40.036, Human
89	95		Resources Code, as added by this Act; and
90	96		(2) begin providing the initial training required by
91	97		that section to all existing and newly hired adult protective
92	98		services employees, as defined by that section.
93	99		SECTION 3. This Act takes effect September 1, 2019.
94		-	______________________________ ______________________________
95		-	President of the Senate Speaker of the House
96		-	I certify that H.B. No. 3428 was passed by the House on May 3,
97		-	2019, by the following vote: Yeas 139, Nays 1, 2 present, not
98		-	voting.
99		-	______________________________
100		-	Chief Clerk of the House
101		-	I certify that H.B. No. 3428 was passed by the Senate on May
102		-	22, 2019, by the following vote: Yeas 31, Nays 0.
103		-	______________________________
104		-	Secretary of the Senate
105		-	APPROVED: _____________________
106		-	Date
107		-	_____________________
108		-	Governor
	100	+	* * * * *