Texas 2021 - 87th Regular

Texas Senate Bill SB1847 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Powell, Alvarado S.B. No. 1847
	1	+	By: Powell S.B. No. 1847
	2	+	(In the Senate - Filed March 12, 2021; March 26, 2021, read
	3	+	first time and referred to Committee on Health & Human Services;
	4	+	May 3, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 0; May 3, 2021, sent
	6	+	to printer.)
	7	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1847 By: Perry
2	8
3	9
4	10		A BILL TO BE ENTITLED
5	11		AN ACT
6	12		relating to training requirements for certain individuals for
7	13		inclusion in the nurse aide registry.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 250.001, Health and Safety Code, is
10	16		amended by adding Subdivisions (6), (7), and (8) to read as follows:
11	17		(6) "Commission" means the Health and Human Services
12	18		Commission.
13	19		(7) "Executive commissioner" means the executive
14	20		commissioner of the commission.
15	21		(8) "Nurse aide training program" means a nurse aide
16	22		training and competency evaluation program that:
17	23		(A) is approved by the commission to train and
18	24		evaluate an individual's ability to work as a nurse aide in a
19	25		facility; and
20	26		(B) meets the requirements of Section
21	27		250.0035(a).
22	28		SECTION 2. Section 250.0035(a), Health and Safety Code, is
23	29		amended to read as follows:
24	30		(a) To be listed on the nurse aide registry, an applicant
25	31		must complete a nurse aide training program approved by the
26	32		commission [Department of Aging and Disability Services] that
27	33		includes:
28	34		(1) not less than 100 hours of course work as specified
29	35		by rule; and
30	36		(2) a competency evaluation on completion of the
31	37		training program.
32	38		SECTION 3. Chapter 250, Health and Safety Code, is amended
33	39		by adding Section 250.00351 to read as follows:
34	40		Sec. 250.00351. TRAINING REQUIREMENTS FOR CERTAIN
35	41		INDIVIDUALS; EXPEDITED TRAINING PROGRAM. (a) In this section,
36	42		"temporary nurse aide" means an individual who performs nurse aide
37	43		services under a waiver issued by the Centers for Medicare and
38	44		Medicaid Services during the coronavirus disease (COVID-19)
39	45		pandemic.
40	46		(b) The commission shall develop a process that allows a
41	47		temporary nurse aide to complete in an expedited manner a required
42	48		nurse aide training program. In developing the process, the
43	49		commission shall either:
44	50		(1) seek a waiver from the Centers for Medicare and
45	51		Medicaid Services under Subsection (c); or
46	52		(2) develop an expedited nurse aide training program
47	53		under Subsection (i).
48	54		(c) The executive commissioner may seek a waiver from the
49	55		Centers for Medicare and Medicaid Services that allows an
50	56		individual in accordance with this section to partly or wholly
51	57		satisfy the classroom training and clinical training hours required
52	58		for completion of a nurse aide training program with classroom and
53	59		clinical hours completed as a temporary nurse aide at a nursing
54	60		facility licensed under Chapter 242.
55	61		(d) An individual who works as a temporary nurse aide may
56	62		substitute:
57	63		(1) one hour of training accrued as a temporary nurse
58	64		aide at a nursing facility for one hour of required classroom
59	65		training through a nurse aide training program;
60	66		(2) two hours of work experience accrued as a
61	67		temporary nurse aide at a nursing facility for one hour of required
62	68		classroom training through a nurse aide training program; and
63	69		(3) one hour of work experience accrued as a temporary
64	70		nurse aide at a nursing facility for one hour of required clinical
65	71		training through a nurse aide training program.
66	72		(e) A nursing facility shall document the number of hours of
67	73		nurse aide training and work experience accrued by a temporary
68	74		nurse aide at the facility and provide the documentation to that
69	75		individual on request.
70	76		(f) A nurse aide training program shall accept a nursing
71	77		facility's documentation of the number of hours of training and
72	78		work experience accrued by a temporary nurse aide at the facility
73	79		and apply the documented hours toward the classroom training and
74	80		clinical training hours required by the training program in
75	81		accordance with Subsection (d).
76	82		(g) If an individual does not accrue a sufficient number of
77	83		training or work experience hours as a temporary nurse aide under
78	84		Subsection (d) to satisfy the total number of classroom training
79	85		and clinical training hours required to successfully complete the
80	86		nurse aide training program, the individual must complete the
81	87		remaining number of required hours through a nurse aide training
82	88		program.
83	89		(h) If an individual satisfies the total number of classroom
84	90		training and clinical training hours prescribed by Section
85	91		250.0035(a)(1) through training and work experience as a temporary
86	92		nurse aide under Subsection (d) and any training and clinical hours
87	93		completed under a nurse aide training program, a nurse aide
88	94		training program shall allow the individual to sit for the
89	95		competency evaluation required by Section 250.0035(a)(2). The
90	96		commission shall list in the nurse aide registry under Section
91	97		250.0035 each individual who passes the evaluation.
92	98		(i) In lieu of seeking a waiver from the Centers for
93	99		Medicare and Medicaid Services as provided by Subsection (c), the
94	100		executive commissioner by rule may develop and implement a nurse
95	101		aide training program that allows a temporary nurse aide to
96	102		complete in an expedited manner a required nurse aide training
97	103		program.
98	104		SECTION 4. To the extent allowed by federal law, a nursing
99	105		facility licensed under Chapter 242, Health and Safety Code, may
100	106		continue to employ an individual who performed nurse aide services
101	107		under a waiver issued by the Centers for Medicare and Medicaid
102	108		Services during the coronavirus disease (COVID-19) pandemic on or
103	109		before the effective date of this Act until the 60th day after the
104	110		date the waiver expires.
105	111		SECTION 5. This Act takes effect immediately if it receives
106	112		a vote of two-thirds of all the members elected to each house, as
107	113		provided by Section 39, Article III, Texas Constitution. If this
108	114		Act does not receive the vote necessary for immediate effect, this
109	115		Act takes effect September 1, 2021.
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