S.B. No. 1059
AN ACT
1-1 relating to the training of licensed or certified individuals
1-2 providing services to geriatric residents as employees of certain
1-3 facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 242.037, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 242.037. MINIMUM STANDARDS. (a) The board may adopt,
1-8 publish, and enforce minimum standards relating to:
1-9 (1) the construction of an institution, including
1-10 plumbing, heating, lighting, ventilation, and other housing
1-11 conditions, to ensure the residents' health, safety, comfort, and
1-12 protection from fire hazard;
1-13 (2) the regulation of the number and qualification of
1-14 all personnel, including management and nursing personnel,
1-15 responsible for any part of the care given to the residents;
1-16 (3) requirements for in-service education of all
1-17 employees who have any contact with the residents;
1-18 (4) training on the care of persons with Alzheimer's
1-19 disease and related disorders for employees who work with those
1-20 persons;
1-21 (5) sanitary and related conditions in an institution
1-22 and its surroundings, including water supply, sewage disposal, food
1-23 handling, and general hygiene in order to ensure the residents'
1-24 health, safety, and comfort;
2-1 (6) the dietary needs of each resident according to
2-2 good nutritional practice or the recommendations of the physician
2-3 attending the resident;
2-4 (7) equipment essential to the residents' health and
2-5 welfare; and
2-6 (8) the use and administration of medication in
2-7 conformity with applicable law and rules.
2-8 (b) The board shall adopt, publish, and enforce minimum
2-9 standards requiring appropriate training in geriatric care for each
2-10 individual who provides services to geriatric residents as an
2-11 employee of an institution and who holds a license or certificate
2-12 issued by an agency of this state that authorizes the person to
2-13 provide the services. The minimum standards may require that each
2-14 licensed or certified individual complete an appropriate program of
2-15 continuing education or in-service training, as determined by board
2-16 rule, on a schedule determined by board rule.
2-17 SECTION 2. Section 247.026, Health and Safety Code, is
2-18 amended by adding Subsection (e) to read as follows:
2-19 (e) The board by rule shall prescribe minimum standards
2-20 requiring appropriate training in geriatric care for each
2-21 individual who provides services to geriatric residents as an
2-22 employee of a personal care facility and who holds a license or
2-23 certificate issued by an agency of this state that authorizes the
2-24 person to provide the services. The minimum standards may require
2-25 that each licensed or certified individual complete an appropriate
2-26 program of continuing education or in-service training, as
2-27 determined by board rule, on a schedule determined by board rule.
3-1 SECTION 3. Before adopting minimum standards under
3-2 Subsection (b), Section 242.037, and Subsection (e), Section
3-3 247.026, Health and Safety Code, as added by this Act, the Texas
3-4 Board of Human Services shall solicit the comment of each agency of
3-5 this state that issues a license or certificate authorizing an
3-6 individual to provide the type of services that are provided by
3-7 employees and volunteers of facilities licensed under Chapters 242
3-8 and 247, Health and Safety Code.
3-9 SECTION 4. (a) The Texas Board of Human Services shall
3-10 adopt minimum standards as required by Subsection (b), Section
3-11 242.037, and Subsection (e), Section 247.026, Health and Safety
3-12 Code, as added by this Act, not later than December 31, 1995.
3-13 (b) A person is not required to complete the training
3-14 required by the minimum standards adopted under Subsection (b),
3-15 Section 242.037, or Subsection (e), Section 247.026, Health and
3-16 Safety Code, as added by this Act, before January 1, 1997.
3-17 SECTION 5. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended,
3-22 and that this Act take effect and be in force from and after its
3-23 passage, and it is so enacted.