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A BILL TO BE ENTITLED
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AN ACT
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relating to training requirements for staff members of certain |
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assisted living facilities that provide care to persons with |
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Alzheimer's disease and related disorders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.0291 to read as follows: |
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Sec. 247.0291. TRAINING REQUIREMENTS FOR STAFF MEMBERS OF |
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ASSISTED LIVING FACILITIES PROVIDING CARE TO RESIDENTS WITH |
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ALZHEIMER'S DISEASE OR RELATED DISORDERS. (a) In this section: |
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(1) "Administrative staff member" means an individual |
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who is in a senior personnel position at an assisted living |
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facility, including a facility administrator or manager who |
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directly supervises direct service staff members. |
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(2) "Direct service staff member" means a staff member |
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whose work involves extensive contact with residents, including a |
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certified nursing assistant, nurse aide, personal care assistant, |
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home health or personal care aide, licensed practical nurse, |
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licensed vocational nurse, registered nurse, social worker, |
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activity director, licensed dietitian, physician assistant, nurse |
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practitioner, physical therapist, speech language pathologist, and |
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occupational therapist. |
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(3) "Staff member" means: |
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(A) a full- or part-time employee of an assisted |
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living facility; or |
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(B) an independent consultant, contractor, or |
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subcontractor of an assisted living facility, including an employee |
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of the consultant, contractor, or subcontractor. |
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(b) This section applies only to an assisted living facility |
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that: |
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(1) provides personal care services to residents with |
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Alzheimer's disease or related disorders; and |
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(2) does not hold a license classified under Section |
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247.029 to provide those services. |
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(c) An assisted living facility shall require each facility |
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staff member to complete training approved by the commission on |
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Alzheimer's disease and related disorders in accordance with this |
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section. |
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(d) An assisted living facility shall require each direct |
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service staff member to successfully complete four hours of |
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training and pass an examination on: |
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(1) Alzheimer's disease and related disorders; |
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(2) the provision of person-centered care; |
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(3) assessment and care planning; |
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(4) daily life activities of residents with |
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Alzheimer's disease or related disorders; and |
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(5) common behaviors and communications associated |
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with residents with Alzheimer's disease and related disorders. |
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(e) A direct service staff member may not provide any direct |
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care to a resident with Alzheimer's disease or related disorders |
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until the staff member successfully completes the training and |
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passes the examination required under Subsection (d). |
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(f) An assisted living facility shall require each |
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administrative staff member employed by the facility to |
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successfully complete four hours of training and pass an |
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examination on: |
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(1) the topics listed under Subsection (d); |
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(2) administrative support services related to |
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medical information management and the provision of medically |
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appropriate education and support services, including holistic |
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person-centered care, to residents with Alzheimer's disease or |
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related disorders and their families; |
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(3) staffing requirements to facilitate collaboration |
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and cooperation among facility staff members and to ensure each |
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staff member obtains appropriate informational materials and |
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training to properly care for and interact with residents with |
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Alzheimer's disease or related disorders based on the staff |
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member's position; |
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(4) the establishment of a supportive and therapeutic |
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environment for residents with Alzheimer's disease or related |
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disorders to enhance the sense of community among the residents and |
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within the facility; and |
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(5) the transition of care and coordination of |
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services for residents with Alzheimer's disease or related |
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disorders. |
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(g) An assisted living facility shall require each staff |
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member who is not required to complete the training or pass the |
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examination under Subsection (d) or (f), including housekeeping |
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staff, front desk staff, maintenance staff, and other staff members |
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with incidental but recurring contact with residents with |
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Alzheimer's disease or related disorders, to successfully complete |
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training and pass an examination on the topics listed under |
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Subsections (d)(1), (2), and (5). |
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(h) An assisted living facility shall provide a certificate |
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of completion to each staff member who successfully completes the |
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training and passes the examination required under Subsection (d), |
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(f), or (g). |
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(i) Each direct service staff member and administrative |
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staff member who successfully completes the training and passes the |
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examination required under Subsection (d) or (f) must annually |
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complete two hours of continuing education on best practices |
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related to the treatment of and provision of care to residents with |
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Alzheimer's disease or related disorders. |
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(j) Except as provided by Subsection (k), an assisted living |
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facility staff member who successfully completes the training and |
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passes the examination required under Subsection (d), (f), or (g) |
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and who transfers to another facility is not required to complete |
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those requirements for the other facility. |
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(k) An assisted living facility may require a staff member |
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who has had a lapse of employment with facilities to which this |
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section applies for a period of two years or more to successfully |
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complete the training and pass the examination required under |
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Subsection (d), (f), or (g) even if the staff member previously |
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completed those requirements. |
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(l) Each assisted living facility staff member who |
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successfully completes the training, including continuing |
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education requirements, and passes an examination required under |
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this section must maintain documentation regarding the training and |
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examination. |
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(m) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt any rules necessary to implement |
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the changes in law made by this Act. |
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SECTION 3. Notwithstanding Section 247.0291, Health and |
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Safety Code, as added by this Act, an assisted living facility staff |
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member to which that section applies is not required to complete the |
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training or pass the examination required under that section until |
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September 1, 2024. |
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SECTION 4. This Act takes effect September 1, 2023. |