| 1 | 1 | | 86R13588 JG-F |
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| 2 | 2 | | By: Buckingham S.B. No. 1406 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the services provided by assisted living facilities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 247.002(1), Health and Safety Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (1) "Assisted living facility" means an establishment |
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| 12 | 12 | | that: |
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| 13 | 13 | | (A) furnishes, in one or more facilities, food |
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| 14 | 14 | | and shelter to four or more persons who are unrelated to the |
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| 15 | 15 | | proprietor of the establishment; |
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| 16 | 16 | | (B) provides: |
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| 17 | 17 | | (i) personal care services; or |
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| 18 | 18 | | (ii) administration of medication by a |
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| 19 | 19 | | person licensed or otherwise authorized in this state to administer |
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| 20 | 20 | | the medication; |
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| 21 | 21 | | (C) may provide assistance with or supervision of |
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| 22 | 22 | | the administration of medication; [and] |
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| 23 | 23 | | (D) may provide skilled nursing services for the |
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| 24 | 24 | | following limited purposes: |
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| 25 | 25 | | (i) coordination of resident care with |
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| 26 | 26 | | outside home and community support services agencies and other |
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| 27 | 27 | | health care professionals; |
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| 28 | 28 | | (ii) provision or delegation of personal |
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| 29 | 29 | | care services and medication administration as described by this |
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| 30 | 30 | | subdivision; |
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| 31 | 31 | | (iii) assessment of residents to determine |
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| 32 | 32 | | the care required; and |
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| 33 | 33 | | (iv) for periods of time as established by |
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| 34 | 34 | | department rule, delivery of temporary skilled nursing treatment |
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| 35 | 35 | | for a minor illness, injury, or emergency; and |
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| 36 | 36 | | (E) may provide health maintenance activities as |
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| 37 | 37 | | defined by rule by the Texas Board of Nursing. |
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| 38 | 38 | | SECTION 2. Section 247.025, Health and Safety Code, is |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | Sec. 247.025. ADOPTION OF RULES. (a) The executive |
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| 41 | 41 | | commissioner shall adopt rules necessary to implement this chapter, |
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| 42 | 42 | | including requirements for the issuance, renewal, denial, |
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| 43 | 43 | | suspension, and revocation of a license to operate an assisted |
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| 44 | 44 | | living facility. |
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| 45 | 45 | | (b) The executive commissioner shall adopt rules |
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| 46 | 46 | | distinguishing and providing guidelines on the scope of services |
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| 47 | 47 | | that an assisted living facility may provide under this chapter. |
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| 48 | 48 | | SECTION 3. As soon as practicable after the effective date |
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| 49 | 49 | | of this Act: |
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| 50 | 50 | | (1) the Texas Board of Nursing shall adopt the rules |
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| 51 | 51 | | necessary to implement Section 247.002(1), Health and Safety Code, |
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| 52 | 52 | | as amended by this Act; and |
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| 53 | 53 | | (2) the executive commissioner of the Health and Human |
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| 54 | 54 | | Services Commission shall adopt the rules required by Section |
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| 55 | 55 | | 247.025, Health and Safety Code, as amended by this Act. |
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| 56 | 56 | | SECTION 4. This Act takes effect September 1, 2019. |
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