Enrolled Bill Summary

            Senate Bill 84 amends the Health and Safety Code to abolish the Texas Board of Nursing Facility Administrators and transfer the functions, property, and unexpended funds of the board to the Texas Department of Human Services (department). All property, employees, and unexpended funds of the Texas Department of Health formerly employed in the licensing and regulation of nursing facility administrators also are transferred to the department, and the department is established as the licensing agency for the healing arts for purposes of federal law. A Nursing Facility Administrators Advisory Committee is created to advise the Texas Board of Human Services on licensing issues related to nursing facility administrators. A person is prohibited from disciplining or discriminating against an administrator if the administrator refuses to violate a regulatory provision and has notified the person that this is the reason for refusal. A violation of this prohibition is established as an unlawful employment practice, and an administrator is authorized to bring a civil action against a person for the violation.

            Senate Bill 84 further provides that if the federal government issues a ruling that these provisions do not comply with federal regulations, the Texas Board of Nursing Facility Administrators is reestablished in the Texas Department of Health. The composition of the board, if reestablished, would be revised, and the prohibition against disciplining or discriminating against an administrator who refuses to violate a regulation is retained. In addition, the department, rather than the board, is required to administer licensing activities and funding. The department is required to establish criteria to determine whether deficiencies from a facility's survey warrant action against an administrator, and the department is authorized to impose an administrative penalty.