BILL ANALYSIS



H.B. 3059
By: Van de Putte
05-02-95
Committee Report (Unamended)


BACKGROUND

Safety in nursing facilities has been an issue of great public
concern for several years, and recent reports, including those on
television shows such as "60 Minutes" and "20/20," demonstrate a
need for greater safety for nursing home residents, the employees
caring for them, and the families and friends who visit people in
nursing facilities.

The use of surveillance equipment in the public areas of nursing
facilities could provide an additional level of security as it
would identify everyone going into and out of the facility, patient
rooms, and all public areas of the facility.  This would be a
deterrent to anyone who would potentially abuse or exploit anyone
in the facility. Additionally, the tapes could be utilized by the
facility to monitor the activities within the facility on a 24-hour
basis and for the identification  of potential safety hazards. The
administrator would have the opportunity to monitor all aspects of
the facility more closely and be able to take necessary actions
when problems or potential problems are observed on the videotapes
and cameras.

PURPOSE

H.B. 3059 would allow the use of surveillance equipment in the
public areas of nursing facilities and would provide an additional
level of security. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants additional
rulemaking authority to the department in Section 1 (Section 242,
V,T.C.A., Health and Safety Code). 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 242 of V.T.C.A., Health and Safety Code,
by adding Section 242.0395, entitled "Safety," as follows:

     (1) Requires the Texas Department of Health (TDH) to conduct
     a pilot project on the use of surveillance equipment in the
     public areas of nursing facilities and to prepare a report of
     the results of the pilot project, including cost and
     reimbursement methodology, for the 75th Legislature.

     (2) States that a facility using video surveillance equipment
     shall not be prohibited from introducing the videotapes as
     evidence in a hearing involving licensure and/or certification
     of the facility.

     (3) Allows the TDH to make rules relating to the use of
     surveillance equipment in public areas of a nursing facility. 

     (4) Allows the TDH to require and promulgate rules for a
     training program in the use of video surveillance equipment in
     the public areas of a nursing facility.

SECTION 2.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

H.B. 3059 was considered by the Public Health Committee on May 2,
1995. 

The following persons testified in favor of the bill:
Representative Van de Putte, author of the bill.
Chet Brooks, representing self.
Nelda Majors, representing self and Institutional Safety Advocates.
Georgia Wright Holmes, representing self.
Catherine Swilley, representing self and Institutional Safety
Advocates.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
5 AYES, 0 NAYS, 0 PNV, and 4 ABSENT.