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.
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