Texas 2019 - 86th Regular

Texas Senate Bill SB1212 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R8866 EAS-D
2	2	By: Hancock S.B. No. 1212
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to verification of employability of and consent to
8	8	prescription medications obtained by certain nursing facility
9	9	employees; authorizing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 411.1106(b), Government Code, is amended
12	12	to read as follows:
13	13	(b) The executive commissioner of the commission, or the
14	14	executive commissioner's designee, is entitled to obtain from the
15	15	department criminal history record information maintained by the
16	16	department that relates to a person who is:
17	17	(1) an applicant for employment for a position in
18	18	which the person, as an employee, would have access to sensitive
19	19	personal or financial information, as determined by the executive
20	20	commissioner, in:
21	21	(A) the eligibility services division of the
22	22	commission; or
23	23	(B) the commission's office of inspector
24	24	general; [or]
25	25	(2) an employee of the commission who has access to
26	26	sensitive personal or financial information, as determined by the
27	27	executive commissioner; or
28	28	(3) a medication aide or nurse aide who is the subject
29	29	of a verification of employability request submitted under Section
30	30	242.053, Health and Safety Code.
31	31	SECTION 2. Subchapter B, Chapter 242, Health and Safety
32	32	Code, is amended by adding Section 242.053 to read as follows:
33	33	Sec. 242.053. VERIFICATION OF EMPLOYABILITY OF CERTAIN
34	34	FACILITY EMPLOYEES REQUIRED; FEE. (a) In this section:
35	35	(1) "Medication aide" means an individual who
36	36	administers medication to nursing facility residents and holds a
37	37	permit issued under Section 242.610.
38	38	(2) "Nurse aide" means an individual who provides
39	39	nursing or nursing-related services to nursing facility residents
40	40	under the delegated authority of a nurse. The term includes an
41	41	individual who is required to be listed in the nurse aide registry
42	42	under Chapter 250. The term does not include an individual licensed
43	43	under Chapter 301, Occupations Code.
44	44	(b) A nursing facility may not employ a medication aide or
45	45	nurse aide or contract for medication aide or nurse aide services
46	46	with a medication aide or nurse aide unless the facility obtains
47	47	from the commission a verification of employability for the
48	48	medication aide or nurse aide under this section. The executive
49	49	commissioner by rule shall establish standards for verification of
50	50	employability under this section as necessary to protect facility
51	51	residents.
52	52	(c) A nursing facility shall request, in the form and manner
53	53	prescribed by commission rule, the commission to verify the
54	54	employability of a medication aide or nurse aide who is applying for
55	55	employment or requesting a contract with the facility. The
56	56	commission may not verify the employability of a medication aide or
57	57	nurse aide unless the commission obtains the criminal history
58	58	record information described by Subdivision (2) for the medication
59	59	aide or nurse aide and determines that nothing in the information
60	60	would disqualify the individual from employment as a medication
61	61	aide or nurse aide. In determining whether to verify the
62	62	employability of a medication aide or nurse aide, the commission
63	63	shall:
64	64	(1) consider the information provided to the
65	65	commission by the facility;
66	66	(2) consider the information made available to the
67	67	commission by the Department of Public Safety of the State of Texas
68	68	under Section 411.1106, Government Code, or by the Federal Bureau
69	69	of Investigation or another criminal justice agency under Section
70	70	411.087, Government Code;
71	71	(3) consider the commission's records, including any
72	72	information included in a registry maintained by the commission;
73	73	and
74	74	(4) require the medication aide or nurse aide to
75	75	submit a complete set of fingerprints to the commission for
76	76	purposes of conducting a criminal history background check.
77	77	(d) The commission may require a nursing facility
78	78	requesting the commission to verify employability under Subsection
79	79	(c) to pay to the commission a fee set by commission rule in an
80	80	amount not to exceed the administrative costs the commission incurs
81	81	in complying with a request under Subsection (c).
82	82	SECTION 3. Section 242.505, Health and Safety Code, is
83	83	amended by amending Subsection (c) and adding Subsections (g), (h),
84	84	and (i) to read as follows:
85	85	(c) Subject to Subsection (g), consent [Consent] to the
86	86	prescription of psychoactive medication given by a resident or by a
87	87	person authorized by law to consent on behalf of the resident is
88	88	valid only if:
89	89	(1) the consent is given voluntarily and without
90	90	coercive or undue influence;
91	91	(2) the person prescribing the medication or that
92	92	person's designee provided the following information, in a standard
93	93	format approved by the commission [department], to the resident
94	94	and, if applicable, to the person authorized by law to consent on
95	95	behalf of the resident:
96	96	(A) the specific condition to be treated;
97	97	(B) the beneficial effects on that condition
98	98	expected from the medication;
99	99	(C) the probable clinically significant side
100	100	effects and risks associated with the medication; and
101	101	(D) the proposed course of the medication;
102	102	(3) the resident and, if appropriate, the person
103	103	authorized by law to consent on behalf of the resident are informed
104	104	in writing that consent may be revoked; and
105	105	(4) the consent is evidenced in the resident's
106	106	clinical record by:
107	107	(A) a signed form prescribed by the facility or
108	108	by a statement of the person prescribing the medication or that
109	109	person's designee that documents that consent was given by the
110	110	appropriate person and the circumstances under which the consent
111	111	was obtained; and
112	112	(B) if applicable, the original or a copy of the
113	113	written consent required by Subsection (g).
114	114	(g) In addition to the requirements of Subsection (c),
115	115	consent to the prescription of an antipsychotic or neuroleptic
116	116	medication is valid only if:
117	117	(1) the consent to the prescription of that medication
118	118	is given in writing by the resident for whom the medication is
119	119	prescribed or by a person authorized by law to consent on behalf of
120	120	the resident; and
121	121	(2) the person prescribing the medication or that
122	122	person's designee provides the information listed in Subsection
123	123	(h), in a standard format approved by the commission, to the
124	124	resident and, if applicable, to the person authorized by law to
125	125	consent on behalf of the resident.
126	126	(h) The information required under Subsection (g)(2) must
127	127	include:
128	128	(1) the nature of the medication;
129	129	(2) the means of administering the medication,
130	130	including:
131	131	(A) the dosage;
132	132	(B) the administration schedule;
133	133	(C) the method of delivery; and
134	134	(D) the expected duration of administration;
135	135	(3) the right of the resident or a person authorized by
136	136	law to consent on behalf of the resident to refuse medication;
137	137	(4) the potential medical and clinical consequences of
138	138	refusing the medication; and
139	139	(5) an explanation of treatment alternatives and the
140	140	right of the resident or a person authorized by law to consent on
141	141	behalf of the resident to choose such treatments.
142	142	(i) In addition to other requirements of this section,
143	143	before administering an antipsychotic or neuroleptic medication,
144	144	the nursing facility shall inform the resident or a person
145	145	authorized by law to consent on behalf of the resident about
146	146	facility policies and procedures relating to consent and, on
147	147	request of the resident or authorized person, shall make available
148	148	a written copy of those policies and procedures.
149	149	SECTION 4. (a) As soon as practicable after the effective
150	150	date of this Act, the executive commissioner of the Health and Human
151	151	Services Commission shall adopt rules necessary to implement
152	152	Section 242.053, Health and Safety Code, as added by this Act.
153	153	(b) Notwithstanding Section 242.053, Health and Safety
154	154	Code, as added by this Act, a nursing facility licensed under
155	155	Chapter 242, Health and Safety Code, is not required to comply with
156	156	that section or rules adopted under that section until January 1,
157	157	2020.
158	158	SECTION 5. Section 242.053, Health and Safety Code, as
159	159	added by this Act, applies only to the employment of a medication
160	160	aide or nurse aide or a contract entered into with a medication aide
161	161	or nurse aide on or after the effective date of this Act.
162	162	SECTION 6. This Act takes effect September 1, 2019.