89R9353 LRM-D
By: Lalani H.B. No. 2640
A BILL TO BE ENTITLED
AN ACT
relating to medical director certification and training
requirements at certain nursing facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 242, Health and Safety
Code, is amended by adding Section 242.0155 to read as follows:
Sec. 242.0155. MEDICAL DIRECTOR CERTIFICATION AND TRAINING
REQUIRED. (a) A medical director who is subject to the
requirements of Section 242.151(a)(2) must possess a medical
director certification from the Post-Acute and Long-Term Care
Medical Association or an equivalent certification, as determined
by commission rule.
(b) A medical director who is subject to the requirements of
Section 242.151(a)(2) shall complete a medical director training
course developed by the commission that includes instruction on:
(1) compliance with applicable local, state, and
federal laws;
(2) quality improvement processes;
(3) infection control protocols; and
(4) resident care management techniques.
SECTION 2. Section 242.151, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) An institution shall have at least one medical director
who:
(1) is licensed as a physician in this state; and
(2) subject to Subsection (a-1), possesses the medical
director certification required under Section 242.0155 and has
completed the training course required under that section.
(a-1) Notwithstanding Subsection (a)(2), an institution is
not required to have a medical director who is certified under
Section 242.0155 if the institution:
(1) is located in a medically underserved rural area,
as defined by commission rule; and
(2) demonstrates a good faith effort to comply with
Subsection (a)(2) but is unable to successfully recruit a medical
director who complies with that subsection.
SECTION 3. Not later than January 1, 2026, the executive
commissioner of the Health and Human Services Commission shall:
(1) adopt the rules necessary to implement Section
242.0155, Health and Safety Code, as added by this Act, and Section
242.151, Health and Safety Code, as amended by this Act; and
(2) develop the medical director training course
required by Section 242.0155(b), Health and Safety Code, as added
by this Act.
SECTION 4. The requirements of Section 242.0155, Health and
Safety Code, as added by this Act, and Section 242.151, Health and
Safety Code, as amended by this Act, apply only to a medical
director hired on or after March 1, 2026. A medical director hired
before March 1, 2026, is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2025.