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 * * * * *