By Hilderbran                                         H.B. No. 2510

         75R9950 SKB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of certain personal care facilities.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter B, Chapter 247, Health and Safety

 1-5     Code, is amended by adding Section 247.029 to read as follows:

 1-6           Sec. 247.029.  FACILITIES FOR PERSONS WITH ALZHEIMER'S

 1-7     DISEASE.  (a)  The board by rule shall establish a classification

 1-8     and license for a facility to provide personal care services to

 1-9     residents who have Alzheimer's disease or other related dementia

1-10     and require constant staff assistance or supervision.

1-11           (b)  A personal care facility classified under this section

1-12     may not keep residents in a locked room or other environment

1-13     except:

1-14                 (1)  during nighttime sleeping hours; or

1-15                 (2)  in a ward or facility in which all residents are

1-16     in an advanced stage of dementia.

1-17           (c)  A personal care facility classified under this section

1-18     shall electronically monitor residents when monitoring is

1-19     appropriate.  A personal care facility classified under this

1-20     section may not chemically or physically restrain a resident except

1-21     in an emergency.

1-22           (d)  The board shall adopt minimum standards for a personal

1-23     care facility classified under this section for:

1-24                 (1)  staff-resident ratios and staff training

 2-1     requirements;

 2-2                 (2)  required personnel and duties, including the

 2-3     availability of a licensed social worker who serves as a

 2-4     community-family support coordinator;

 2-5                 (3)  activity and social programs for residents;

 2-6                 (4)  provision of care to and performance of

 2-7     assessments of residents with dementia;

 2-8                 (5)  admissions;

 2-9                 (6)  operations;

2-10                 (7)  record-keeping;

2-11                 (8)  administering of medications;

2-12                 (9)  advertising; and

2-13                 (10)  building facilities.

2-14           SECTION 2.  This Act takes effect September 1, 1997.  The

2-15     Texas Board of Human Services shall adopt rules required under

2-16     Section 247.029, Health and Safety Code, as added by this Act, not

2-17     later than December 1, 1997.

2-18           SECTION 3.  The importance of this legislation and the

2-19     crowded condition of the calendars in both houses create an

2-20     emergency and an imperative public necessity that the

2-21     constitutional rule requiring bills to be read on three several

2-22     days in each house be suspended, and this rule is hereby suspended.