Texas 2021 - 87th Regular

Texas House Bill HB1221 Compare Versions

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

Old	New	Differences
1	1	87R5392 EAS-D
2	2	By: Campos H.B. No. 1221
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to communicable disease and infection prevention and
8	8	control measures for certain long-term care facilities;
9	9	authorizing an administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 81.014, Health and Safety Code, is
12	12	amended to read as follows:
13	13	Sec. 81.014. LONG-TERM CARE FACILITY INFECTION PREVENTION
14	14	AND CONTROL PROGRAMS [PROGRAM]. (a) Each long-term care facility
15	15	shall, with advice from and subject to the approval of a quality
16	16	assessment and assurance committee designated under Subsection
17	17	(c), establish and maintain an [facility's] infection prevention
18	18	and control program designed to:
19	19	(1) provide to facility residents and staff a safe,
20	20	sanitary, and comfortable environment; and
21	21	(2) help prevent the development and transmission of
22	22	communicable diseases and infections among facility residents and
23	23	staff.
24	24	(b) A long-term care facility's infection prevention and
25	25	control program must include:
26	26	(1) monitoring of key infectious agents, including
27	27	multidrug-resistant organisms; [and]
28	28	(2) procedures for making rapid influenza diagnostic
29	29	tests available to facility residents and staff; and
30	30	(3) procedures for ensuring that rapid antigen
31	31	COVID-19 viral tests are available to facility residents and staff
32	32	as needed.
33	33	(c) Each long-term care facility shall designate a quality
34	34	assessment and assurance committee to approve and monitor the
35	35	facility's infection prevention and control program. The facility's
36	36	committee must include:
37	37	(1) the facility's director of nursing or an
38	38	equivalent consultant with the facility;
39	39	(2) the facility's medical director or the director's
40	40	designee;
41	41	(3) not less than three members of the facility's
42	42	staff, at least one of whom must be a facility administrator, a
43	43	facility board member, or another individual in a leadership
44	44	position with the facility; and
45	45	(4) the facility's primary infection preventionist
46	46	designated under Section 81.0145.
47	47	(d) A long-term care facility's quality assessment and
48	48	assurance committee shall:
49	49	(1) conduct an annual review of the facility's
50	50	infection prevention and control program and modify the program as
51	51	necessary; and
52	52	(2) present the findings of each review conducted
53	53	under Subdivision (1) to facility staff and residents at annual
54	54	meetings that are open to the public.
55	55	(e) A long-term care facility's primary infection
56	56	preventionist designated under Section 81.0145 shall:
57	57	(1) with the assistance of the facility's secondary
58	58	infection preventionist designated under that section, implement
59	59	the facility's infection prevention and control program; and
60	60	(2) submit regular reports to the facility's quality
61	61	assessment and assurance committee on the implementation of the
62	62	program.
63	63	SECTION 2. Subchapter A, Chapter 81, Health and Safety
64	64	Code, is amended by adding Sections 81.0145 and 81.0146 to read as
65	65	follows:
66	66	Sec. 81.0145. LONG-TERM CARE FACILITY INFECTION
67	67	PREVENTIONISTS. (a) Each long-term care facility shall designate
68	68	a primary and a secondary infection preventionist. The primary and
69	69	secondary infection preventionists must:
70	70	(1) have professional training or other specialized
71	71	training in nursing, medical technology, microbiology, or another
72	72	related field;
73	73	(2) have completed specialized training in infection
74	74	prevention and control;
75	75	(3) work at least part-time at the facility; and
76	76	(4) annually complete at least eight hours of training
77	77	approved by the commission related to infectious diseases and
78	78	vaccinations.
79	79	(b) A long-term care facility's primary infection
80	80	preventionist and, under the direction of the primary infection
81	81	preventionist, secondary infection preventionist shall:
82	82	(1) implement the facility's infection prevention and
83	83	control program in the manner described by Section 81.014;
84	84	(2) serve as the facility's contact for the local
85	85	health department or health authority to notify the facility of a
86	86	potential exposure to a reportable disease at the facility;
87	87	(3) notify the local health department or health
88	88	authority of a potential exposure to a reportable disease at the
89	89	facility not later than eight hours from the time of exposure;
90	90	(4) notify staff, residents, and resident
91	91	representatives not later than 12 hours from the time a reportable
92	92	disease at the facility is verified;
93	93	(5) investigate and evaluate incidents during which
94	94	facility residents or staff were or may have been exposed to a
95	95	communicable disease, using current evidence-based information on
96	96	the possible risks associated with exposure to the communicable
97	97	disease;
98	98	(6) implement control measures to prevent the spread
99	99	of infection of a communicable disease among facility residents and
100	100	staff, including:
101	101	(A) immunization;
102	102	(B) detention;
103	103	(C) restrictions;
104	104	(D) disinfection;
105	105	(E) decontamination;
106	106	(F) isolation;
107	107	(G) quarantine;
108	108	(H) disinfestation;
109	109	(I) chemoprophylaxis;
110	110	(J) preventive therapy;
111	111	(K) prevention methods; and
112	112	(L) education;
113	113	(7) in accordance with applicable law, monitor all
114	114	treatment provided to a facility resident or staff member who is
115	115	exposed to and as a result of that exposure infected with a
116	116	communicable disease at the facility;
117	117	(8) maintain records of and respond in a timely
118	118	manner, as determined by the facility, to each communicable disease
119	119	complaint made by facility staff, residents, or resident
120	120	representatives;
121	121	(9) as required by the executive commissioner, submit
122	122	to the department or the local health department or health
123	123	authority accurate information on the total number of cases of a
124	124	reportable disease among facility residents or staff; and
125	125	(10) perform other duties for the facility as assigned
126	126	by the executive commissioner.
127	127	(c) A primary or secondary infection preventionist may not
128	128	serve concurrently as an infection preventionist for more than
129	129	three long-term care facilities.
130	130	(d) Each long-term care facility shall provide to the local
131	131	health department or health authority the names and qualifications
132	132	of the facility's primary and secondary infection preventionists.
133	133	Sec. 81.0146. ADMINISTRATIVE PENALTY RELATED TO LONG-TERM
134	134	CARE FACILITY COMMUNICABLE DISEASE AND PREVENTION CONTROL
135	135	MEASURES. (a) The commission may impose an administrative penalty
136	136	against a long-term care facility that violates Section 81.014 or
137	137	81.0145 in an amount determined by the executive commissioner in
138	138	accordance with commission rules.
139	139	(b) The amount of an administrative penalty imposed under
140	140	this section shall be based on:
141	141	(1) the seriousness of the violation, including the
142	142	nature, circumstances, extent, and gravity of any prohibited acts,
143	143	and the hazard or potential hazard created to the health and safety
144	144	of facility residents and staff;
145	145	(2) enforcement costs relating to the violation;
146	146	(3) the history of previous violations;
147	147	(4) the amount necessary to deter future violations;
148	148	(5) efforts to correct the violation; and
149	149	(6) any other matter that justice may require.
150	150	SECTION 3. (a) As soon as practicable after the effective
151	151	date of this Act, each long-term care facility licensed under
152	152	Chapter 242, 247, or 252, Health and Safety Code, shall:
153	153	(1) establish an infection prevention and control
154	154	program and designate a quality assessment and assurance committee
155	155	to approve the program as required by Section 81.014, Health and
156	156	Safety Code, as amended by this Act; and
157	157	(2) designate a primary and a secondary infection
158	158	preventionist as required by Section 81.0145, Health and Safety
159	159	Code, as added by this Act.
160	160	(b) As soon as practicable after the effective date of this
161	161	Act, the executive commissioner of the Health and Human Services
162	162	Commission shall adopt the rules necessary to implement the changes
163	163	in law made by this Act.
164	164	SECTION 4. This Act takes effect September 1, 2021.