86R14155 GCB-F
By: Lucio S.B. No. 1552
A BILL TO BE ENTITLED
AN ACT
relating to state supported living centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 555, Health and Safety
Code, is amended by adding Section 555.004 to read as follows:
Sec. 555.004. ADDITIONAL METHODS TO PROTECT RIGHTS OF
CENTER RESIDENTS AND CLIENTS. In addition to other methods
required by law, rule, or policy to protect the rights of residents
and clients in centers, the executive commissioner shall:
(1) develop formal methods to more fully educate
executives, administrators, supervisors, and direct care employees
of centers and residents, clients, and guardians on:
(A) the rights of residents and clients;
(B) the health and medical obligations and
responsibilities and the legal obligations and responsibilities
toward residents and clients of executives, administrators, and
direct care employees of centers;
(C) the categories and types of specific needs
and complex behavioral challenges of various populations of
residents and clients that may require additional attention and
specialized training, including:
(i) alleged criminal offenders, including
sexual offenders;
(ii) residents and clients living with
dementia;
(iii) aging or geriatric residents and
clients; and
(iv) adolescent residents and clients;
(D) the circumstances under which a resident's or
client's rights may be restricted, the circumstances under which a
resident's or client's rights may not be restricted, and the
processes and procedures that must be followed to restrict a right;
and
(E) the manner in which a person may file a
complaint; and
(2) specify processes and procedures, including the
use of flowcharts, that centers and direct care employees must use
and the specialized training direct care employees must receive to
ensure that centers comply fully with laws, rules, and policies
relating to:
(A) the rights of residents and clients;
(B) the circumstances under which a resident's or
client's rights may be restricted, the circumstances under which a
resident's or client's rights may not be restricted, and the
processes and procedures that must be followed to restrict a right;
(C) the categories and types of specific needs
and complex behavioral challenges of various populations of
residents and clients that may require additional attention and
specialized training, including:
(i) alleged criminal offenders, including
sexual offenders;
(ii) residents and clients living with
dementia;
(iii) aging or geriatric residents and
clients; and
(iv) adolescent residents and clients; and
(D) the manner in which a person may file a
complaint.
SECTION 2. Section 555.024, Health and Safety Code, is
amended by adding Subsections (d-1) and (f) to read as follows:
(d-1) In addition to the training provided to direct care
employees under Subsections (a), (c), and (d), each center shall
develop and implement additional initial and refresher specialized
training for all executives, administrators, supervisors, and
direct care employees to support populations of residents and
clients that may require additional attention and specialized
training, including:
(1) alleged criminal offenders, including sexual
offenders;
(2) residents and clients living with dementia;
(3) aging or geriatric residents and clients; and
(4) adolescent residents and clients.
(f) The executive commissioner by rule shall develop
standards for the training provided to executives, administrators,
supervisors, and direct care employees under this section,
including the length of the training and the manner in which the
training is provided. In developing standards relating to the
manner in which training is provided, the executive commissioner
shall ensure that the training is competency-based and, to the
extent possible, provided in an interactive manner such as on a
one-on-one basis, by a group discussion, or by a demonstration.
SECTION 3. The executive commissioner of the Health and
Human Services Commission shall comply with Section 555.004, Health
and Safety Code, as added by this Act, as soon as possible after the
effective date of this Act.
SECTION 4. (a) Not later than January 1, 2020, each state
supported living center shall develop and implement the additional
training required by Section 555.024(d-1), Health and Safety Code,
as added by this Act. Each state supported living center shall
ensure that each direct care employee receives the additional
training, regardless of when the employee was hired, not later than
September 1, 2020.
(b) Not later than January 1, 2020, the executive
commissioner of the Health and Human Services Commission shall
develop the training standards required by Section 555.024(f),
Health and Safety Code, as added by this Act. The executive
commissioner shall ensure that each state supported living center
implements the training standards as soon as possible.
SECTION 5. 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, 2019.