By: Lucio S.B. No. 1552
(Hinojosa)
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. In addition to other methods required by law,
rule, or policy to protect the rights of residents in centers, the
executive commissioner shall:
(1) develop formal methods to more fully educate
executives, administrators, supervisors, and direct care
professionals working at centers, residents of centers, guardians
of those residents, and other actively involved persons on:
(A) the rights of residents;
(B) the health and medical obligations and
responsibilities and the legal obligations and responsibilities
toward residents of a center's executives, administrators,
supervisors, and direct care professionals;
(C) the types of specific needs and complex
behavioral challenges of various populations of residents that may
require additional support services, attention, and specialized
training, including:
(i) alleged criminal offenders, including
sex offenders;
(ii) residents living with dementia;
(iii) residents living with trauma;
(iv) aging or older residents; and
(v) adolescent residents;
(D) the circumstances under which a resident's or
other person's rights may be restricted, the circumstances under
which a resident's or other person's rights may not be restricted,
and the processes and procedures that must be followed by the center
and center staff to restrict a right; and
(E) the manner in which a person may file a
complaint;
(2) specify processes and procedures that center staff
must follow, including the completed and documented training center
staff must receive to ensure that centers fully comply with laws,
rules, and policies relating to:
(A) the rights of residents;
(B) the circumstances under which a resident's or
other person's rights may be restricted, the circumstances under
which a resident's or other person's rights may not be restricted,
and the processes and procedures that must be followed by the center
and center staff to restrict a right;
(C) the types of specific needs and complex
behavioral challenges of various populations of residents that may
require additional support services, attention, and specialized
training, including:
(i) alleged criminal offenders, including
sex offenders;
(ii) residents living with dementia;
(iii) residents living with trauma;
(iv) aging or older residents; and
(v) adolescent residents; and
(D) the manner in which a person may file a
complaint; and
(3) establish formal practices, processes, and
policies to implement statewide and local recruitment strategies
for hiring direct care professionals, including the evaluation of
recruiting practices for hiring center staff statewide and at each
center and the development of action plans for when vacancy levels
for direct care professional positions reach an established
threshold, to ensure:
(A) adequate staff coverage and an adequate ratio
of direct care professionals to residents;
(B) residents' protection and safety; and
(C) residents' ability to exercise their rights.
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 professionals to support populations of residents that
may require additional support services, attention, and
specialized training, including:
(1) alleged criminal offenders, including sex
offenders;
(2) residents living with dementia;
(3) residents living with trauma;
(4) aging or older residents; and
(5) adolescent residents.
(f) The executive commissioner by rule shall develop
standards for the training provided to executives, administrators,
supervisors, and direct care professionals 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 person-centered thinking is used as a foundation
for all training, and that all training is competency-based,
trauma-informed, 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 professional receives the additional
training, regardless of when the professional 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.