88R6329 EAS-F
By: Clardy H.B. No. 4146
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of health care employment agencies;
authorizing a fee; providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 2, Health and Safety Code, is
amended by adding Chapter 148 to read as follows:
CHAPTER 148. HEALTH CARE EMPLOYMENT AGENCIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 148.001. DEFINITIONS. In this chapter:
(1) "Agency employee" means an individual who
contracts with or is employed by a health care employment agency to
provide a direct health care service or nursing service to health
care entity patients.
(2) "Direct health care service" means a health care
service provided in person to a health care entity patient. The
term does not include the practice of medicine, the practice of
osteopathic medicine, or the practice of nursing by an advanced
practice registered nurse.
(3) "Health care employment agency" means an agency
that contracts with a health care entity to provide to a person,
firm, corporation, partnership, or association agency employees
for temporary employment, temporary-to-hire employment,
direct-hire employment, or any other contract or employee placement
type.
(4) "Health care entity" means:
(A) an ambulatory surgical center licensed under
Chapter 243;
(B) an assisted living facility licensed under
Chapter 247;
(C) an emergency medical services provider
licensed under Chapter 773;
(D) a health services district created under
Chapter 287;
(E) a home and community support services agency
licensed under Chapter 142;
(F) a person licensed under Chapter 142 to
provide hospice services, as defined by Section 142.001;
(G) a hospital licensed under Chapter 241;
(H) a system of hospitals and other health care
providers located in this state that are under the common
governance or control of a corporate parent;
(I) an intermediate care facility licensed under
Chapter 252;
(J) a home and community-based services waiver
program for individuals with an intellectual disability adopted in
accordance with Section 1915(c) of the federal Social Security Act
(42 U.S.C. Section 1396n(c)), as amended;
(K) a nursing home licensed under Chapter 242; or
(L) an end stage renal disease facility licensed
under Chapter 251.
(5) "Nursing service" means a health care service that
may only be provided by or under the supervision of a nurse licensed
under Chapter 301, Occupations Code. The term does not include the
practice of nursing by an advanced practice registered nurse.
Sec. 148.002. RULES. The executive commissioner shall
adopt rules to implement this chapter.
SUBCHAPTER B. REGISTRATION REQUIREMENTS
Sec. 148.051. ANNUAL REGISTRATION REQUIRED. A health care
employment agency:
(1) shall annually register each place of business
owned or operated by the agency with the commission in accordance
with this subchapter; and
(2) may not establish or operate a place of business
described by Subdivision (1) unless the person registers the place
of business with the commission in accordance with this subchapter.
Sec. 148.052. REGISTRATION FEE. A health care employment
agency shall annually pay a separate $500 registration fee for each
place of business owned or operated by the agency at the time the
agency registers with the commission under Section 148.051.
Sec. 148.053. REGISTRATION CERTIFICATE. The commission
shall issue a separate registration certificate to each place of
business owned or operated by a health care employment agency that
satisfies the registration requirements under this subchapter.
SUBCHAPTER C. GENERAL DUTIES
Sec. 148.101. HEALTH CARE EMPLOYMENT AGENCY DUTIES RELATED
TO AGENCY EMPLOYEES. (a) A health care employment agency:
(1) shall ensure that each agency employee satisfies
the personnel qualifications applicable to the position for which
the employee is placed with a health care entity;
(2) shall maintain records documenting that each
agency employee meets minimum licensing, certification, training,
and continuing education requirements applicable to the position
for which the employee is placed with a health care entity;
(3) shall report, file, or otherwise provide to the
applicable regulatory authority any required documentation of an
agency employee that would otherwise be reported, filed, or
provided by a health care entity on behalf of the entity's
employees; and
(4) may not restrict in any manner, by contract or
otherwise, an agency employee's employment opportunities.
(b) A health care employment agency may not place an agency
employee with a health care entity if the agency knows the employee
illegally or fraudulently:
(1) obtained or misrepresented that the employee was
issued a diploma, registration, license, or certification; or
(2) misrepresented that the employee passed a
background check or presented false information to pass a
background check.
SUBCHAPTER D. ENFORCEMENT
Sec. 148.151. REGISTRATION DENIAL OR REVOCATION;
ADMINISTRATIVE PENALTY. (a) Except as provided by Subsection (b),
if a health care employment agency is found to have violated this
chapter or a rule adopted under this chapter, the commission shall:
(1) deny or revoke the agency's registration of each
place of business owned or operated by the health care employment
agency for a period of one year; and
(2) assess an administrative penalty against the
agency in the amount of:
(A) $500 for the first violation; and
(B) $5,000 for each subsequent violation.
(b) The commission may not assess an administrative penalty
against a health care employment agency under Subsection (a)(2) for
a violation of Section 148.101(b).
(c) The commission must provide 30 days' notice before
denying or revoking a health care employment agency's registration
under this section.
Sec. 148.152. HEALTH CARE EMPLOYMENT AGENCY PROHIBITED FROM
REGISTRATION. A health care employment agency that is subject to a
registration denial or revocation under this subchapter may not
register or renew the registration of another place of business
under Section 148.051 during the one-year period following the date
of the denial or revocation.
Sec. 148.153. COMPLAINT PROCESS. The commission shall:
(1) establish a system for the public to file
complaints against a health care employment agency or agency
employee;
(2) investigate complaints described by Subdivision
(1); and
(3) report the commission's findings to:
(A) the person who filed the complaint; and
(B) the health care employment agency that is the
subject of the complaint or that contracts with or employs the
agency employee that is the subject of the complaint, as
applicable.
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 rules as necessary to implement
Chapter 148, Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.