Texas 2019 - 86th Regular

Texas Senate Bill SB1552 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Lucio S.B. No. 1552
2		-	(Hinojosa)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to state supported living centers.
8	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	8		SECTION 1. Subchapter A, Chapter 555, Health and Safety
10	9		Code, is amended by adding Section 555.004 to read as follows:
11	10		Sec. 555.004. ADDITIONAL METHODS TO PROTECT RIGHTS OF
12	11		CENTER RESIDENTS. In addition to other methods required by law,
13	12		rule, or policy to protect the rights of residents in centers, the
14	13		executive commissioner shall:
15	14		(1) develop formal methods to more fully educate
16	15		executives, administrators, supervisors, and direct care
17	16		professionals working at centers, residents of centers, guardians
18	17		of those residents, and other actively involved persons on:
19	18		(A) the rights of residents;
20	19		(B) the health and medical obligations and
21	20		responsibilities and the legal obligations and responsibilities
22	21		toward residents of a center's executives, administrators,
23	22		supervisors, and direct care professionals;
24	23		(C) the types of specific needs and complex
25	24		behavioral challenges of various populations of residents that may
26	25		require additional support services, attention, and specialized
27	26		training, including:
28	27		(i) alleged criminal offenders, including
29	28		sex offenders;
30	29		(ii) residents living with dementia;
31	30		(iii) residents living with trauma;
32	31		(iv) aging or older residents; and
33	32		(v) adolescent residents;
34	33		(D) the circumstances under which a resident's or
35	34		other person's rights may be restricted, the circumstances under
36	35		which a resident's or other person's rights may not be restricted,
37	36		and the processes and procedures that must be followed by the center
38	37		and center staff to restrict a right; and
39	38		(E) the manner in which a person may file a
40	39		complaint;
41	40		(2) specify processes and procedures that center staff
42	41		must follow, including the completed and documented training center
43	42		staff must receive to ensure that centers fully comply with laws,
44	43		rules, and policies relating to:
45	44		(A) the rights of residents;
46	45		(B) the circumstances under which a resident's or
47	46		other person's rights may be restricted, the circumstances under
48	47		which a resident's or other person's rights may not be restricted,
49	48		and the processes and procedures that must be followed by the center
50	49		and center staff to restrict a right;
51	50		(C) the types of specific needs and complex
52	51		behavioral challenges of various populations of residents that may
53	52		require additional support services, attention, and specialized
54	53		training, including:
55	54		(i) alleged criminal offenders, including
56	55		sex offenders;
57	56		(ii) residents living with dementia;
58	57		(iii) residents living with trauma;
59	58		(iv) aging or older residents; and
60	59		(v) adolescent residents; and
61	60		(D) the manner in which a person may file a
62	61		complaint; and
63	62		(3) establish formal practices, processes, and
64	63		policies to implement statewide and local recruitment strategies
65	64		for hiring direct care professionals, including the evaluation of
66	65		recruiting practices for hiring center staff statewide and at each
67	66		center and the development of action plans for when vacancy levels
68	67		for direct care professional positions reach an established
69	68		threshold, to ensure:
70	69		(A) adequate staff coverage and an adequate ratio
71	70		of direct care professionals to residents;
72	71		(B) residents' protection and safety; and
73	72		(C) residents' ability to exercise their rights.
74	73		SECTION 2. Section 555.024, Health and Safety Code, is
75	74		amended by adding Subsections (d-1) and (f) to read as follows:
76	75		(d-1) In addition to the training provided to direct care
77	76		employees under Subsections (a), (c), and (d), each center shall
78	77		develop and implement additional initial and refresher specialized
79	78		training for all executives, administrators, supervisors, and
80	79		direct care professionals to support populations of residents that
81	80		may require additional support services, attention, and
82	81		specialized training, including:
83	82		(1) alleged criminal offenders, including sex
84	83		offenders;
85	84		(2) residents living with dementia;
86	85		(3) residents living with trauma;
87	86		(4) aging or older residents; and
88	87		(5) adolescent residents.
89	88		(f) The executive commissioner by rule shall develop
90	89		standards for the training provided to executives, administrators,
91	90		supervisors, and direct care professionals under this section,
92	91		including the length of the training and the manner in which the
93	92		training is provided. In developing standards relating to the
94	93		manner in which training is provided, the executive commissioner
95	94		shall ensure that person-centered thinking is used as a foundation
96	95		for all training, and that all training is competency-based,
97	96		trauma-informed, and, to the extent possible, provided in an
98	97		interactive manner such as on a one-on-one basis, by a group
99	98		discussion, or by a demonstration.
100	99		SECTION 3. The executive commissioner of the Health and
101	100		Human Services Commission shall comply with Section 555.004, Health
102	101		and Safety Code, as added by this Act, as soon as possible after the
103	102		effective date of this Act.
104	103		SECTION 4. (a) Not later than January 1, 2020, each state
105	104		supported living center shall develop and implement the additional
106	105		training required by Section 555.024(d-1), Health and Safety Code,
107	106		as added by this Act. Each state supported living center shall
108	107		ensure that each direct care professional receives the additional
109	108		training, regardless of when the professional was hired, not later
110	109		than September 1, 2020.
111	110		(b) Not later than January 1, 2020, the executive
112	111		commissioner of the Health and Human Services Commission shall
113	112		develop the training standards required by Section 555.024(f),
114	113		Health and Safety Code, as added by this Act. The executive
115	114		commissioner shall ensure that each state supported living center
116	115		implements the training standards as soon as possible.
117	116		SECTION 5. This Act takes effect immediately if it receives
118	117		a vote of two-thirds of all the members elected to each house, as
119	118		provided by Section 39, Article III, Texas Constitution. If this
120	119		Act does not receive the vote necessary for immediate effect, this
121	120		Act takes effect September 1, 2019.