By Harris S.B. No. 1059
74R7830 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the training of licensed or certified individuals
1-3 providing services to geriatric residents as employees or
1-4 volunteers of certain facilities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 242.037, Health and Safety Code, is
1-7 amended to read as follows:
1-8 Sec. 242.037. MINIMUM STANDARDS. (a) The board may adopt,
1-9 publish, and enforce minimum standards relating to:
1-10 (1) the construction of an institution, including
1-11 plumbing, heating, lighting, ventilation, and other housing
1-12 conditions, to ensure the residents' health, safety, comfort, and
1-13 protection from fire hazard;
1-14 (2) the regulation of the number and qualification of
1-15 all personnel, including management and nursing personnel,
1-16 responsible for any part of the care given to the residents;
1-17 (3) requirements for in-service education of all
1-18 employees who have any contact with the residents;
1-19 (4) training on the care of persons with Alzheimer's
1-20 disease and related disorders for employees who work with those
1-21 persons;
1-22 (5) sanitary and related conditions in an institution
1-23 and its surroundings, including water supply, sewage disposal, food
1-24 handling, and general hygiene in order to ensure the residents'
2-1 health, safety, and comfort;
2-2 (6) the dietary needs of each resident according to
2-3 good nutritional practice or the recommendations of the physician
2-4 attending the resident;
2-5 (7) equipment essential to the residents' health and
2-6 welfare; and
2-7 (8) the use and administration of medication in
2-8 conformity with applicable law and rules.
2-9 (b) The board shall adopt, publish, and enforce minimum
2-10 standards requiring appropriate training in geriatric medicine for
2-11 each individual who provides services to geriatric residents as an
2-12 employee or volunteer of an institution and who holds a license or
2-13 certificate issued by an agency of this state that authorizes the
2-14 person to provide the services. The minimum standards may require
2-15 that each licensed or certified individual complete an appropriate
2-16 program of continuing education, as determined by board rule, on a
2-17 schedule determined by board rule.
2-18 SECTION 2. Section 247.026, Health and Safety Code, is
2-19 amended by adding Subsection (e) to read as follows:
2-20 (e) The board by rule shall prescribe minimum standards
2-21 requiring appropriate training in geriatric medicine for each
2-22 individual who provides services to geriatric residents as an
2-23 employee or volunteer of a personal care facility and who holds a
2-24 license or certificate issued by an agency of this state that
2-25 authorizes the person to provide the services. The minimum
2-26 standards may require that each licensed or certified individual
2-27 complete an appropriate program of continuing education, as
3-1 determined by board rule, on a schedule determined by board rule.
3-2 SECTION 3. Before adopting minimum standards under Sections
3-3 242.037(b) and 247.026(e), Health and Safety Code, as added by this
3-4 Act, the Texas Board of Human Services shall solicit the comment of
3-5 each agency of this state that issues a license or certificate
3-6 authorizing an individual to provide the type of services that are
3-7 provided by employees and volunteers of facilities licensed under
3-8 Chapters 242 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 Sections 242.037(b) and
3-11 247.026(e), Health and Safety Code, as added by this Act, not later
3-12 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 Section 242.037(b)
3-15 or 247.026(e), Health and Safety Code, as added by this Act, before
3-16 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.