Texas 2023 - 88th Regular

Texas House Bill HB1673 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1673
2	2
3	3
4	4	AN ACT
5	5	relating to training requirements for staff members of certain
6	6	assisted living facilities that provide care to persons with
7	7	Alzheimer's disease and related disorders.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter B, Chapter 247, Health and Safety
10	10	Code, is amended by adding Section 247.0291 to read as follows:
11	11	Sec. 247.0291. TRAINING REQUIREMENTS FOR STAFF MEMBERS OF
12	12	ASSISTED LIVING FACILITIES PROVIDING CARE TO RESIDENTS WITH
13	13	ALZHEIMER'S DISEASE OR RELATED DISORDERS. (a) In this section:
14	14	(1) "Assisted living manager" means an individual who
15	15	is in a senior personnel position at an assisted living facility,
16	16	including a facility administrator or manager who directly
17	17	supervises direct service staff members.
18	18	(2) "Direct service staff member" means a staff member
19	19	whose work involves extensive contact with residents, including a
20	20	certified nursing assistant, nurse aide, personal care assistant,
21	21	home health or personal care aide, licensed practical nurse,
22	22	licensed vocational nurse, registered nurse, social worker,
23	23	activity director, licensed dietitian, physician assistant, nurse
24	24	practitioner, physical therapist, speech language pathologist, and
25	25	occupational therapist.
26	26	(3) "Staff member" means a full- or part-time employee
27	27	of an assisted living facility.
28	28	(b) This section applies only to an assisted living facility
29	29	that:
30	30	(1) provides personal care services to residents with
31	31	Alzheimer's disease or related disorders; and
32	32	(2) does not hold a license classified under Section
33	33	247.029 to provide those services.
34	34	(c) An assisted living facility shall require each facility
35	35	staff member to complete training on Alzheimer's disease and
36	36	related disorders in accordance with this section. Training hours
37	37	completed by a staff member under this section may be credited
38	38	toward any applicable training requirements the executive
39	39	commissioner prescribes for assisted living facility managers or
40	40	employees.
41	41	(d) An assisted living facility shall require each direct
42	42	service staff member to successfully complete four hours of
43	43	training and pass a competency-based evaluation on:
44	44	(1) Alzheimer's disease and related disorders;
45	45	(2) the provision of person-centered care;
46	46	(3) assessment and care planning;
47	47	(4) daily life activities of residents with
48	48	Alzheimer's disease or related disorders; and
49	49	(5) common behaviors and communications associated
50	50	with residents with Alzheimer's disease and related disorders.
51	51	(e) A direct service staff member may not provide any direct
52	52	care to a resident with Alzheimer's disease or related disorders
53	53	until the staff member successfully completes the training and
54	54	passes the evaluation required under Subsection (d).
55	55	(f) An assisted living facility shall require each assisted
56	56	living manager employed by the facility to successfully complete
57	57	four hours of training and pass a competency-based evaluation on:
58	58	(1) the topics listed under Subsection (d);
59	59	(2) administrative support services related to
60	60	information for comorbidities management, care planning, and the
61	61	provision of medically appropriate education and support services
62	62	and resources in the community, including person-centered care, to
63	63	residents with Alzheimer's disease or related disorders and their
64	64	families;
65	65	(3) staffing requirements to facilitate collaboration
66	66	and cooperation among facility staff members and to ensure each
67	67	staff member obtains appropriate informational materials and
68	68	training to properly care for and interact with residents with
69	69	Alzheimer's disease or related disorders based on the staff
70	70	member's position;
71	71	(4) the establishment of a supportive and therapeutic
72	72	environment for residents with Alzheimer's disease or related
73	73	disorders to enhance the sense of community among the residents and
74	74	within the facility; and
75	75	(5) the transition of care and coordination of
76	76	services for residents with Alzheimer's disease or related
77	77	disorders.
78	78	(g) An assisted living facility shall require each staff
79	79	member who is not required to complete the training or pass the
80	80	evaluation under Subsection (d) or (f), including housekeeping
81	81	staff, front desk staff, maintenance staff, and other staff members
82	82	with incidental but recurring contact with residents with
83	83	Alzheimer's disease or related disorders, to successfully complete
84	84	training and pass a competency-based evaluation on the topics
85	85	listed under Subsections (d)(1), (2), and (5).
86	86	(h) An assisted living facility shall provide a certificate
87	87	of completion to and maintain records of each certificate, in
88	88	accordance with applicable records retention policies the
89	89	commission prescribes, for each staff member who successfully
90	90	completes the training and passes the evaluation required under
91	91	Subsection (d), (f), or (g).
92	92	(i) Each direct service staff member and assisted living
93	93	manager who successfully completes the training and passes the
94	94	evaluation required under Subsection (d) or (f) must annually
95	95	complete two hours of continuing education on best practices
96	96	related to the treatment of and provision of care to residents with
97	97	Alzheimer's disease or related disorders.
98	98	(j) Except as provided by Subsection (k), an assisted living
99	99	facility staff member who successfully completes the training and
100	100	passes the evaluation required under Subsection (d), (f), or (g)
101	101	and who transfers to another facility is not required to complete
102	102	those requirements for the other facility.
103	103	(k) An assisted living facility may require a staff member
104	104	who has had a lapse of employment with facilities to which this
105	105	section applies for a period of two years or more to successfully
106	106	complete the training and pass the evaluation required under
107	107	Subsection (d), (f), or (g) even if the staff member previously
108	108	completed those requirements.
109	109	(l) Each assisted living facility staff member who
110	110	successfully completes the training, including continuing
111	111	education requirements, and passes an evaluation required under
112	112	this section must maintain documentation regarding the training and
113	113	evaluation.
114	114	(m) The executive commissioner shall adopt rules necessary
115	115	to implement this section.
116	116	SECTION 2. As soon as practicable after the effective date
117	117	of this Act, the executive commissioner of the Health and Human
118	118	Services Commission shall adopt any rules necessary to implement
119	119	the changes in law made by this Act.
120	120	SECTION 3. Notwithstanding Section 247.0291, Health and
121	121	Safety Code, as added by this Act, an assisted living facility staff
122	122	member to which that section applies is not required to complete the
123	123	training or pass the competency-based evaluation required under
124	124	that section until December 31, 2024.
125	125	SECTION 4. This Act takes effect September 1, 2023.
126	126	______________________________ ______________________________
127	127	President of the Senate Speaker of the House
128	128	I certify that H.B. No. 1673 was passed by the House on April
129	129	28, 2023, by the following vote: Yeas 131, Nays 14, 2 present, not
130	130	voting.
131	131	______________________________
132	132	Chief Clerk of the House
133	133	I certify that H.B. No. 1673 was passed by the Senate on May
134	134	24, 2023, by the following vote: Yeas 28, Nays 2.
135	135	______________________________
136	136	Secretary of the Senate
137	137	APPROVED: _____________________
138	138	Date
139	139	_____________________
140	140	Governor