87R5392 EAS-D
By: Campos H.B. No. 1221
A BILL TO BE ENTITLED
AN ACT
relating to communicable disease and infection prevention and
control measures for certain long-term care facilities;
authorizing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.014, Health and Safety Code, is
amended to read as follows:
Sec. 81.014. LONG-TERM CARE FACILITY INFECTION PREVENTION
AND CONTROL PROGRAMS [PROGRAM]. (a) Each long-term care facility
shall, with advice from and subject to the approval of a quality
assessment and assurance committee designated under Subsection
(c), establish and maintain an [facility's] infection prevention
and control program designed to:
(1) provide to facility residents and staff a safe,
sanitary, and comfortable environment; and
(2) help prevent the development and transmission of
communicable diseases and infections among facility residents and
staff.
(b) A long-term care facility's infection prevention and
control program must include:
(1) monitoring of key infectious agents, including
multidrug-resistant organisms; [and]
(2) procedures for making rapid influenza diagnostic
tests available to facility residents and staff; and
(3) procedures for ensuring that rapid antigen
COVID-19 viral tests are available to facility residents and staff
as needed.
(c) Each long-term care facility shall designate a quality
assessment and assurance committee to approve and monitor the
facility's infection prevention and control program. The facility's
committee must include:
(1) the facility's director of nursing or an
equivalent consultant with the facility;
(2) the facility's medical director or the director's
designee;
(3) not less than three members of the facility's
staff, at least one of whom must be a facility administrator, a
facility board member, or another individual in a leadership
position with the facility; and
(4) the facility's primary infection preventionist
designated under Section 81.0145.
(d) A long-term care facility's quality assessment and
assurance committee shall:
(1) conduct an annual review of the facility's
infection prevention and control program and modify the program as
necessary; and
(2) present the findings of each review conducted
under Subdivision (1) to facility staff and residents at annual
meetings that are open to the public.
(e) A long-term care facility's primary infection
preventionist designated under Section 81.0145 shall:
(1) with the assistance of the facility's secondary
infection preventionist designated under that section, implement
the facility's infection prevention and control program; and
(2) submit regular reports to the facility's quality
assessment and assurance committee on the implementation of the
program.
SECTION 2. Subchapter A, Chapter 81, Health and Safety
Code, is amended by adding Sections 81.0145 and 81.0146 to read as
follows:
Sec. 81.0145. LONG-TERM CARE FACILITY INFECTION
PREVENTIONISTS. (a) Each long-term care facility shall designate
a primary and a secondary infection preventionist. The primary and
secondary infection preventionists must:
(1) have professional training or other specialized
training in nursing, medical technology, microbiology, or another
related field;
(2) have completed specialized training in infection
prevention and control;
(3) work at least part-time at the facility; and
(4) annually complete at least eight hours of training
approved by the commission related to infectious diseases and
vaccinations.
(b) A long-term care facility's primary infection
preventionist and, under the direction of the primary infection
preventionist, secondary infection preventionist shall:
(1) implement the facility's infection prevention and
control program in the manner described by Section 81.014;
(2) serve as the facility's contact for the local
health department or health authority to notify the facility of a
potential exposure to a reportable disease at the facility;
(3) notify the local health department or health
authority of a potential exposure to a reportable disease at the
facility not later than eight hours from the time of exposure;
(4) notify staff, residents, and resident
representatives not later than 12 hours from the time a reportable
disease at the facility is verified;
(5) investigate and evaluate incidents during which
facility residents or staff were or may have been exposed to a
communicable disease, using current evidence-based information on
the possible risks associated with exposure to the communicable
disease;
(6) implement control measures to prevent the spread
of infection of a communicable disease among facility residents and
staff, including:
(A) immunization;
(B) detention;
(C) restrictions;
(D) disinfection;
(E) decontamination;
(F) isolation;
(G) quarantine;
(H) disinfestation;
(I) chemoprophylaxis;
(J) preventive therapy;
(K) prevention methods; and
(L) education;
(7) in accordance with applicable law, monitor all
treatment provided to a facility resident or staff member who is
exposed to and as a result of that exposure infected with a
communicable disease at the facility;
(8) maintain records of and respond in a timely
manner, as determined by the facility, to each communicable disease
complaint made by facility staff, residents, or resident
representatives;
(9) as required by the executive commissioner, submit
to the department or the local health department or health
authority accurate information on the total number of cases of a
reportable disease among facility residents or staff; and
(10) perform other duties for the facility as assigned
by the executive commissioner.
(c) A primary or secondary infection preventionist may not
serve concurrently as an infection preventionist for more than
three long-term care facilities.
(d) Each long-term care facility shall provide to the local
health department or health authority the names and qualifications
of the facility's primary and secondary infection preventionists.
Sec. 81.0146. ADMINISTRATIVE PENALTY RELATED TO LONG-TERM
CARE FACILITY COMMUNICABLE DISEASE AND PREVENTION CONTROL
MEASURES. (a) The commission may impose an administrative penalty
against a long-term care facility that violates Section 81.014 or
81.0145 in an amount determined by the executive commissioner in
accordance with commission rules.
(b) The amount of an administrative penalty imposed under
this section shall be based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of any prohibited acts,
and the hazard or potential hazard created to the health and safety
of facility residents and staff;
(2) enforcement costs relating to the violation;
(3) the history of previous violations;
(4) the amount necessary to deter future violations;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
SECTION 3. (a) As soon as practicable after the effective
date of this Act, each long-term care facility licensed under
Chapter 242, 247, or 252, Health and Safety Code, shall:
(1) establish an infection prevention and control
program and designate a quality assessment and assurance committee
to approve the program as required by Section 81.014, Health and
Safety Code, as amended by this Act; and
(2) designate a primary and a secondary infection
preventionist as required by Section 81.0145, Health and Safety
Code, as added by this Act.
(b) As soon as practicable after the effective date of this
Act, the executive commissioner of the Health and Human Services
Commission shall adopt the rules necessary to implement the changes
in law made by this Act.
SECTION 4. This Act takes effect September 1, 2021.