SRC-HRD S.B. 84 75(R) BILL ANALYSIS
Senate Research CenterS.B. 84
By: Moncrief
Health and Human Services
3-27-97
As Filed
DIGEST
Currently, the Texas Board of Nursing Facility Administrators is
responsible for the licensure and regulation of the nursing facility
administrator profession. The board was reconstructed following a 1993
review of the agency by the Sunset Commission and there is a dispute as to
whether the board has adequately performed its function. This bill
abolishes the board and transfers the authority, duties, obligations, and
responsibilities to the Texas Department of Human Services.
SRC-HRD D.B. 6
PURPOSE
As proposed, S.B. 84 abolishes the Texas Board of Nursing Facility
Administrators and transfers all authority, duties, obligations, and
responsibility to Texas Department of Human Services.
RULEMAKING AUTHORITY
Rulemaking authority is granted to the Texas Board of Health under SECTION
1 (Sections 242.302(a)-(b), 242.303(a), 242.305(b), 242.306(d),
242.307(d)-(e), 242.310(a), 242.311(c), (e), and (f), 242.312(d),
242.316(a), 316.317, Chapter 242I, Health and Safety Code), of this bill.
SECTION BY SECTION ANALYSIS
SRC-HRD S.B. 84
SECTION 1. Amends Chapter 242, Health and Safety Code, to include
Subchapter I, as follows:
SUBCHAPTER I. NURSING FACILITY ADMINISTRATION
Sec. 242.301. DEFINITIONS. Defines "nursing facility," "nursing facility
administrator," and "practice of nursing facility administration."
Sec. 242.302. POWERS AND DUTIES OF DEPARTMENT. Requires the Texas Board
of Health (board) to adopt rules consistent with this subchapter.
Sec. 242.303. FEES; FUNDS. Requires the board, by rule, to set reasonable
and necessary fees to cover the cost of administering this subchapter.
Requires the Texas Department of Human Services (department) to receive
and account for funds received under this subchapter. Sets forth the
provisions regarding receiving, depositing, and accounting of funds.
Sec. 242.304. PRACTICING WITHOUT A LICENSE. Prohibits any person from
acting as a nursing facility administrator or representing to others that
the person is a nursing facility administrator unless the person is
licensed under this subchapter.
Sec. 242.305. LICENSE APPLICATION; QUALIFICATIONS. Sets forth the
conditions for submitting an application. Requires the board to prescribe
the form of the application and may, by rule, establish dates by which
applications and fees must be received. Sets forth the educational,
training, and experience prerequisites for taking the licensing
examination. Requires an applicant who has not completed the course of
instruction and training to present evidence of having completed
sufficient education to enable the applicant to engage in nursing facility
administration, prior to taking the examination.
Sec. 242.306. EXAMINATION. Sets forth requirements for licensing
examinations including authorizing the board, by rule, to establish
additional educational requirements to be met by an applicant who fails
the examination three times.
Sec. 244.307. LICENSES; TEMPORARY LICENSE; INACTIVE STATUS. Sets forth
the requirements for a license and temporary license under this
subchapter. Authorizes the board, by rule, to provide for the issuance of
a temporary license. Requires rules adopted under this section to include
time limit for practicing under a temporary license. Authorizes the
board, by rule, to provide for inactive status.
Sec. 242.308. PROVISIONAL LICENSE. Requires the department to grant a
provisional license upon application. Sets forth the qualifications for
an applicant for provisional license. Requires the department to process
the application within a specified time.
Sec. 242.309. LICENSE RENEWAL. Sets forth the procedures and
requirements for renewing a license.
Sec. 242.310. MANDATORY CONTINUING EDUCATION. Requires the board, by
rule, to establish a minimum number of hours of continuing education
required to renew a license under this subchapter. Authorizes the
department to assess the continuing education needs of license holders and
to require license holders to attend continuing education courses
specified by the board. Requires the board to identify the key factors
for the competent performance of a license holder's duties. Requires the
department to adopt a procedure to assess a license holder's participation
in continuing education programs.
Sec. 242.311. COMPLAINT RECEIPT, INVESTIGATION, AND DISPOSITION. Sets
forth the requirements for the department regarding complaints and the
investigation of complaints. Requires the board, by rule, to establish
certain guidelines concerning investigation of complaints filed with the
department.
Sec. 242.312. SANCTIONS. Establishes the conditions under which the
board is authorized to revoke, suspend, or refuse to renew a nursing
facility administrator's license, assess an administrative penalty, issue
a written reprimand, require participation in continuing education, or
place an administrator on probation. Requires the board, by rule, to
adopt a broad schedule of sanctions for violations under this subchapter.
Sec. 242.313. WRITTEN REPRIMAND AND CONTINUING EDUCATION AS SANCTIONS.
Authorizes the department to issue a written reprimand to a license holder
who violates this subchapter or require the violator to participate in
continuing education programs. Requires the department to specify which
continuing education programs may be attended and the number of hours that
must be completed.
Sec. 242.314. ADMINISTRATIVE PENALTY AS SANCTIONS. Sets forth the
requirements for an administrative penalty against a person licensed or
regulated under this subchapter, who violated this subchapter or a rule
adopted by the board.
Sec. 242.315. NOTICE AND HEARING. Requires the department to notify
the person who allegedly committed the violation, if the department
determines a violation has occurred. Sets forth the requirements for
notification of the violation. Sets forth the procedures by which a
person can, upon notification, request a hearing or accept the penalty.
Requires the department to notify the person and hold a hearing, if the
person does not respond to the notice regarding the violation. Sets forth
the requirements for notification of the hearing.
Sec. 242.316. INFORMAL PROCEEDINGS. Requires the department, by rule, to
adopt procedures governing informal proceedings. Requires rules adopted
under this section to provide the complainant and license holder an
opportunity to be heard.
Sec. 242.317. MONITORING OF LICENSE HOLDER. Requires the department,
by rule, to develop a system for monitoring a license holder's compliance
with the requirements of this subchapter. Requires rules adopted under
this section to include procedures for monitoring a license holder who is
ordered by the board to perform certain acts to ascertain that the license
holder performs the required acts and to identify and monitor license
holders who represent a risk to the public.
Sec. 242.318. CIVIL PENALTY. Requires a person who violates this
subchapter to be liable to the state for a civil penalty of $1,000 for
each day of the violation. Requires the attorney general to bring an
action to recover a civil penalty, at the request of the department.
Sec. 242.319. ASSISTANCE OF ATTORNEY GENERAL. Requires the attorney
general to provide legal assistance as necessary in enforcing the
provisions of the subchapter. Provides that this requirement does not
relieve a local prosecuting officer of any of the prosecuting officer's
duties under the law.
Sec. 242.320. OFFENSE. Provides that a person commits a Class B
misdemeanor if the person knowingly or intentionally violated Section
242.304.
SECTION 2. Amends Section 232.002, Family Code, to make conforming and
nonsubstantive changes.
SECTION 3. Repealer: Article 4512q, V.T.C.S. ( Texas Nursing Facility
Administrators Licensure Act).
SECTION 4. Effective date: September 1, 1997.
SECTION 5. Abolishes the Texas Board of Nursing Facility Administrators
(TBNFA). Provides that the department assumes all functions, duties,
obligations, and responsibilities of TBNFA on the effective date of this
Act. Provides that all rulemaking authority previously granted to TBNFA
is transferred to the department until superseded by rule of the
department.
SECTION 6. Emergency clause.