89R8277 KRM-F
By: Perry S.B. No. 2356
A BILL TO BE ENTITLED
AN ACT
relating to hospital staffing report processes and to retaliation
and mandatory overtime protections for nurses; providing
administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 257.001, Health and Safety Code, is
amended by amending Subdivision (1) and adding Subdivision (1-a) to
read as follows:
(1) "Commission" means the Health and Human Services
Commission.
(1-a) "Committee" means a nurse staffing committee
required by this chapter.
SECTION 2. Section 257.005, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) The [To the extent possible, the] department shall
develop a mandatory reporting process to collect the data required
under Subsection (a) [as part of a survey required by the department
under other law].
(d) The department shall provide the data reported under
Subsection (a) to the commission for enforcement purposes.
SECTION 3. Chapter 257, Health and Safety Code, is amended
by adding Section 257.006 to read as follows:
Sec. 257.006. PROHIBITED RETALIATION. (a) A hospital may
not retaliate against a nurse who provides information to the
committee or reports violations of this chapter to hospital
management or the commission.
(b) A violation of this section constitutes a violation of
Section 161.134, and a nurse may seek any appropriate remedy
provided by that section.
SECTION 4. Subtitle B, Title 4, Health and Safety Code, is
amended by adding Chapter 258A to read as follows:
CHAPTER 258A. ENFORCEMENT OF HOSPITAL NURSE STAFFING AND OVERTIME
REQUIREMENTS
Sec. 258A.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Executive commissioner" means the executive
commissioner of the commission.
Sec. 258A.002. REPORT OF VIOLATION. The commission shall:
(1) develop and maintain a web page accessible on the
commission's Internet website through which a nurse may report a
violation of Chapter 257 or 258;
(2) investigate each report of an alleged violation;
(3) develop procedures to notify a hospital of an
alleged violation and provide due process during an investigation;
and
(4) issue a corrective action plan and any appropriate
penalties under Section 258A.003.
Sec. 258A.003. ADMINISTRATIVE PENALTY. (a) The commission
in accordance with the authority granted under other law may impose
an administrative penalty on a hospital that:
(1) knowingly submits false information to the
Department of State Health Services under Section 257.005(a); or
(2) violates Chapter 257 or 258 or rules adopted under
those chapters.
(b) The executive commissioner by rule shall develop an
administrative penalty schedule for penalties imposed under this
section based on the impact of the violation on patient care, nurse
satisfaction, and the public interest.
(c) The attorney general may sue to collect the penalty.
SECTION 5. Not later than December 31, 2025, 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 6. This Act takes effect September 1, 2025.