88R6664 EAS-F
By: Capriglione H.B. No. 1673
A BILL TO BE ENTITLED
AN ACT
relating to training requirements for staff members of certain
assisted living facilities that provide care to persons with
Alzheimer's disease and related disorders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 247, Health and Safety
Code, is amended by adding Section 247.0291 to read as follows:
Sec. 247.0291. TRAINING REQUIREMENTS FOR STAFF MEMBERS OF
ASSISTED LIVING FACILITIES PROVIDING CARE TO RESIDENTS WITH
ALZHEIMER'S DISEASE OR RELATED DISORDERS. (a) In this section:
(1) "Administrative staff member" means an individual
who is in a senior personnel position at an assisted living
facility, including a facility administrator or manager who
directly supervises direct service staff members.
(2) "Direct service staff member" means a staff member
whose work involves extensive contact with residents, including a
certified nursing assistant, nurse aide, personal care assistant,
home health or personal care aide, licensed practical nurse,
licensed vocational nurse, registered nurse, social worker,
activity director, licensed dietitian, physician assistant, nurse
practitioner, physical therapist, speech language pathologist, and
occupational therapist.
(3) "Staff member" means:
(A) a full- or part-time employee of an assisted
living facility; or
(B) an independent consultant, contractor, or
subcontractor of an assisted living facility, including an employee
of the consultant, contractor, or subcontractor.
(b) This section applies only to an assisted living facility
that:
(1) provides personal care services to residents with
Alzheimer's disease or related disorders; and
(2) does not hold a license classified under Section
247.029 to provide those services.
(c) An assisted living facility shall require each facility
staff member to complete training approved by the commission on
Alzheimer's disease and related disorders in accordance with this
section.
(d) An assisted living facility shall require each direct
service staff member to successfully complete four hours of
training and pass an examination on:
(1) Alzheimer's disease and related disorders;
(2) the provision of person-centered care;
(3) assessment and care planning;
(4) daily life activities of residents with
Alzheimer's disease or related disorders; and
(5) common behaviors and communications associated
with residents with Alzheimer's disease and related disorders.
(e) A direct service staff member may not provide any direct
care to a resident with Alzheimer's disease or related disorders
until the staff member successfully completes the training and
passes the examination required under Subsection (d).
(f) An assisted living facility shall require each
administrative staff member employed by the facility to
successfully complete four hours of training and pass an
examination on:
(1) the topics listed under Subsection (d);
(2) administrative support services related to
medical information management and the provision of medically
appropriate education and support services, including holistic
person-centered care, to residents with Alzheimer's disease or
related disorders and their families;
(3) staffing requirements to facilitate collaboration
and cooperation among facility staff members and to ensure each
staff member obtains appropriate informational materials and
training to properly care for and interact with residents with
Alzheimer's disease or related disorders based on the staff
member's position;
(4) the establishment of a supportive and therapeutic
environment for residents with Alzheimer's disease or related
disorders to enhance the sense of community among the residents and
within the facility; and
(5) the transition of care and coordination of
services for residents with Alzheimer's disease or related
disorders.
(g) An assisted living facility shall require each staff
member who is not required to complete the training or pass the
examination under Subsection (d) or (f), including housekeeping
staff, front desk staff, maintenance staff, and other staff members
with incidental but recurring contact with residents with
Alzheimer's disease or related disorders, to successfully complete
training and pass an examination on the topics listed under
Subsections (d)(1), (2), and (5).
(h) An assisted living facility shall provide a certificate
of completion to each staff member who successfully completes the
training and passes the examination required under Subsection (d),
(f), or (g).
(i) Each direct service staff member and administrative
staff member who successfully completes the training and passes the
examination required under Subsection (d) or (f) must annually
complete two hours of continuing education on best practices
related to the treatment of and provision of care to residents with
Alzheimer's disease or related disorders.
(j) Except as provided by Subsection (k), an assisted living
facility staff member who successfully completes the training and
passes the examination required under Subsection (d), (f), or (g)
and who transfers to another facility is not required to complete
those requirements for the other facility.
(k) An assisted living facility may require a staff member
who has had a lapse of employment with facilities to which this
section applies for a period of two years or more to successfully
complete the training and pass the examination required under
Subsection (d), (f), or (g) even if the staff member previously
completed those requirements.
(l) Each assisted living facility staff member who
successfully completes the training, including continuing
education requirements, and passes an examination required under
this section must maintain documentation regarding the training and
examination.
(m) The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt any rules necessary to implement
the changes in law made by this Act.
SECTION 3. Notwithstanding Section 247.0291, Health and
Safety Code, as added by this Act, an assisted living facility staff
member to which that section applies is not required to complete the
training or pass the examination required under that section until
September 1, 2024.
SECTION 4. This Act takes effect September 1, 2023.