1-1 By: Harris S.B. No. 1059
1-2 (In the Senate - Filed March 9, 1995; March 9, 1995, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 20, 1995, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 20, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the training of licensed or certified individuals
1-9 providing services to geriatric residents as employees or
1-10 volunteers of certain facilities.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 242.037, Health and Safety Code, is
1-13 amended to read as follows:
1-14 Sec. 242.037. MINIMUM STANDARDS. (a) The board may adopt,
1-15 publish, and enforce minimum standards relating to:
1-16 (1) the construction of an institution, including
1-17 plumbing, heating, lighting, ventilation, and other housing
1-18 conditions, to ensure the residents' health, safety, comfort, and
1-19 protection from fire hazard;
1-20 (2) the regulation of the number and qualification of
1-21 all personnel, including management and nursing personnel,
1-22 responsible for any part of the care given to the residents;
1-23 (3) requirements for in-service education of all
1-24 employees who have any contact with the residents;
1-25 (4) training on the care of persons with Alzheimer's
1-26 disease and related disorders for employees who work with those
1-27 persons;
1-28 (5) sanitary and related conditions in an institution
1-29 and its surroundings, including water supply, sewage disposal, food
1-30 handling, and general hygiene in order to ensure the residents'
1-31 health, safety, and comfort;
1-32 (6) the dietary needs of each resident according to
1-33 good nutritional practice or the recommendations of the physician
1-34 attending the resident;
1-35 (7) equipment essential to the residents' health and
1-36 welfare; and
1-37 (8) the use and administration of medication in
1-38 conformity with applicable law and rules.
1-39 (b) The board shall adopt, publish, and enforce minimum
1-40 standards requiring appropriate training in geriatric medicine for
1-41 each individual who provides services to geriatric residents as an
1-42 employee or volunteer of an institution and who holds a license or
1-43 certificate issued by an agency of this state that authorizes the
1-44 person to provide the services. The minimum standards may require
1-45 that each licensed or certified individual complete an appropriate
1-46 program of continuing education, as determined by board rule, on a
1-47 schedule determined by board rule.
1-48 SECTION 2. Section 247.026, Health and Safety Code, is
1-49 amended by adding Subsection (e) to read as follows:
1-50 (e) The board by rule shall prescribe minimum standards
1-51 requiring appropriate training in geriatric medicine for each
1-52 individual who provides services to geriatric residents as an
1-53 employee or volunteer of a personal care facility and who holds a
1-54 license or certificate issued by an agency of this state that
1-55 authorizes the person to provide the services. The minimum
1-56 standards may require that each licensed or certified individual
1-57 complete an appropriate program of continuing education, as
1-58 determined by board rule, on a schedule determined by board rule.
1-59 SECTION 3. Before adopting minimum standards under
1-60 Subsection (b), Section 242.037, and Subsection (e), Section
1-61 247.026, Health and Safety Code, as added by this Act, the Texas
1-62 Board of Human Services shall solicit the comment of each agency of
1-63 this state that issues a license or certificate authorizing an
1-64 individual to provide the type of services that are provided by
1-65 employees and volunteers of facilities licensed under Chapters 242
1-66 and 247, Health and Safety Code.
1-67 SECTION 4. (a) The Texas Board of Human Services shall
1-68 adopt minimum standards as required by Subsection (b), Section
2-1 242.037, and Subsection (e), Section 247.026, Health and Safety
2-2 Code, as added by this Act, not later than December 31, 1995.
2-3 (b) A person is not required to complete the training
2-4 required by the minimum standards adopted under Subsection (b),
2-5 Section 242.037, or Subsection (e), Section 247.026, Health and
2-6 Safety Code, as added by this Act, before January 1, 1997.
2-7 SECTION 5. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended,
2-12 and that this Act take effect and be in force from and after its
2-13 passage, and it is so enacted.
2-14 * * * * *