Texas 2025 - 89th Regular

Texas Senate Bill SB2356 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8277 KRM-F
2	2	By: Perry S.B. No. 2356
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to hospital staffing report processes and to retaliation
10	10	and mandatory overtime protections for nurses; providing
11	11	administrative penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 257.001, Health and Safety Code, is
14	14	amended by amending Subdivision (1) and adding Subdivision (1-a) to
15	15	read as follows:
16	16	(1) "Commission" means the Health and Human Services
17	17	Commission.
18	18	(1-a) "Committee" means a nurse staffing committee
19	19	required by this chapter.
20	20	SECTION 2. Section 257.005, Health and Safety Code, is
21	21	amended by amending Subsection (c) and adding Subsection (d) to
22	22	read as follows:
23	23	(c) The [To the extent possible, the] department shall
24	24	develop a mandatory reporting process to collect the data required
25	25	under Subsection (a) [as part of a survey required by the department
26	26	under other law].
27	27	(d) The department shall provide the data reported under
28	28	Subsection (a) to the commission for enforcement purposes.
29	29	SECTION 3. Chapter 257, Health and Safety Code, is amended
30	30	by adding Section 257.006 to read as follows:
31	31	Sec. 257.006. PROHIBITED RETALIATION. (a) A hospital may
32	32	not retaliate against a nurse who provides information to the
33	33	committee or reports violations of this chapter to hospital
34	34	management or the commission.
35	35	(b) A violation of this section constitutes a violation of
36	36	Section 161.134, and a nurse may seek any appropriate remedy
37	37	provided by that section.
38	38	SECTION 4. Subtitle B, Title 4, Health and Safety Code, is
39	39	amended by adding Chapter 258A to read as follows:
40	40	CHAPTER 258A. ENFORCEMENT OF HOSPITAL NURSE STAFFING AND OVERTIME
41	41	REQUIREMENTS
42	42	Sec. 258A.001. DEFINITIONS. In this chapter:
43	43	(1) "Commission" means the Health and Human Services
44	44	Commission.
45	45	(2) "Executive commissioner" means the executive
46	46	commissioner of the commission.
47	47	Sec. 258A.002. REPORT OF VIOLATION. The commission shall:
48	48	(1) develop and maintain a web page accessible on the
49	49	commission's Internet website through which a nurse may report a
50	50	violation of Chapter 257 or 258;
51	51	(2) investigate each report of an alleged violation;
52	52	(3) develop procedures to notify a hospital of an
53	53	alleged violation and provide due process during an investigation;
54	54	and
55	55	(4) issue a corrective action plan and any appropriate
56	56	penalties under Section 258A.003.
57	57	Sec. 258A.003. ADMINISTRATIVE PENALTY. (a) The commission
58	58	in accordance with the authority granted under other law may impose
59	59	an administrative penalty on a hospital that:
60	60	(1) knowingly submits false information to the
61	61	Department of State Health Services under Section 257.005(a); or
62	62	(2) violates Chapter 257 or 258 or rules adopted under
63	63	those chapters.
64	64	(b) The executive commissioner by rule shall develop an
65	65	administrative penalty schedule for penalties imposed under this
66	66	section based on the impact of the violation on patient care, nurse
67	67	satisfaction, and the public interest.
68	68	(c) The attorney general may sue to collect the penalty.
69	69	SECTION 5. Not later than December 31, 2025, the executive
70	70	commissioner of the Health and Human Services Commission shall
71	71	adopt any rules necessary to implement the changes in law made by
72	72	this Act.
73	73	SECTION 6. This Act takes effect September 1, 2025.