BILL ANALYSIS


Public Health Committee
S.B. 1059
By: Harris (Goodman)
05-09-95
Committee Report (Amended)


BACKGROUND

The care of older people with multiple chronic health problems in
nursing homes is very complex and requires nurses with additional
educational preparation in the specialty of gerontological nursing;
however, the majority of currently licensed registered nurses have
had little or no preparation in the specific theories, knowledge,
and skills needed to care for older persons as part of basic
nursing educational programs.

PURPOSE

S.B. 1059 would require the Texas Board of Health to prescribe and
enforce standards requiring certain geriatric service providers to
undergo appropriate training in geriatric medicine.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants
additional rulemaking authority to   to the Texas Board of Health
in Section 1 (Sec. 242.037, Health and Safety Code) and
Section 2 (Section 247.026, Health and Safety Code). 

SECTION BY SECTION ANALYSIS

SECTION 1. Adds Section 242.037(b), Health and Safety Code, to
require the Texas Board of Health (board) to adopt, publish, and
enforce minimum standards requiring the  appropriate training in
geriatric care for each licensed or certified employee of an
institution who provides authorized services to geriatric
residents. Authorizes the minimum standards to require that each
licensed or certified individual complete an appropriate program of
continuing education or in-service training as determined by board
rule, on a schedule determined by board rule.

SECTION 2. Adds Section 247.026(e), Health and Safety Code, to
require the board, by rule, to prescribe minimum standards
requiring appropriate training in geriatric care for each licensed
or certified employee who provides services to geriatric residents
of an institution. Authorizes the minimum standards to require that
each licensed or certified individual complete an appropriate
program of continuing education or in-service training as
determined by board rule, on a schedule determined by board rule.

SECTION 3. Requires the Texas Board of Human Services, before
adopting minimum standards under Sections 242.037(b) and
247.026(e), Health and Safety Code, to solicit the comment of each
agency of this state that issues a license or certificate
authorizing an individual to provide services as licensed under
Chapters 242 and 247, Health and Safety Code.

SECTION 4. (a) Requires the Texas Board of Human Services to adopt
minimum standards as required by Sections 242.037(b) and
247.026(e), Health and Safety Code, not later than December 31,
1995.

     (b) States that a person is not required to complete the
     specified required training before January 1, 1997.
     
     SECTION 5.     Emergency clause.
           Effective date: upon passage.

EXPLANATION OF AMENDMENTS

The amendment to S.B. 1059 removes volunteers from the bill because
they cannot be included in this certified training as volunteers.
Additionally, the term "geriatric medicine" is changed to
"geriatric care" to better reflect the services to be provided,
because many of the services do not include medical care. In-service training will be allowed as a qualification for
certification, and therefore was added to the bill by this
amendment.

SUMMARY OF COMMITTEE ACTION

S.B. 1059 was considered by the Public Health Committee in a public
hearing on May 9, 1995. The committee considered one amendment to
the bill. The amendment was adopted without objection. 

The following persons testified in favor of the bill: 
Representative Goodman, sponsor of the bill.
Sid Rich, representing self and Texas Association of Retirement
Communities.

The bill was reported favorably as amended, with the recommendation
that it do pass and be printed and sent to the Committee on Local
and Consent Calendars, by a record vote of 6 AYES, 0 NAYS, 0 PNV,
and 3 ABSENT.