1-1     By:  Hilderbran (Senate Sponsor - Zaffirini)          H.B. No. 2510

 1-2           (In the Senate - Received from the House April 27, 1997;

 1-3     April 29, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 9, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 11, Nays 0;

 1-6     May 9, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2510               By:  Zaffirini

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the regulation of certain personal care facilities.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Subchapter B, Chapter 247, Health and Safety

1-13     Code, is amended by adding Section 247.029 to read as follows:

1-14           Sec. 247.029.  FACILITIES FOR PERSONS WITH ALZHEIMER'S

1-15     DISEASE.  (a)  The board by rule shall establish a classification

1-16     and license for a facility that advertises, markets, or otherwise

1-17     promotes that the facility provides personal care services to

1-18     residents who have Alzheimer's disease or related disorders.  A

1-19     facility is not required to be classified under this section to

1-20     provide care or treatment to residents who have Alzheimer's disease

1-21     or related disorders.

1-22           (b)  A personal care facility classified under this section

1-23     may not keep residents in a locked room or other locked environment

1-24     except as allowed by department rules applicable to a personal care

1-25     facility.

1-26           (c)  A personal care facility classified under this section

1-27     may not chemically or physically restrain a resident except in an

1-28     emergency.

1-29           (d)  The board shall adopt minimum standards for a personal

1-30     care facility classified under this section for:

1-31                 (1)  staff-resident ratios and staff training

1-32     requirements;

1-33                 (2)  required personnel and duties, including the

1-34     availability of a licensed social worker who serves as a

1-35     community-family support coordinator;

1-36                 (3)  activity and social programs for residents;

1-37                 (4)  provision of care to and performance of

1-38     assessments of residents with dementia;

1-39                 (5)  admissions;

1-40                 (6)  operations;

1-41                 (7)  record-keeping;

1-42                 (8)  assistance with or supervision of the

1-43     administration of medications;

1-44                 (9)  advertising; and

1-45                 (10)  building facilities.

1-46           SECTION 2.  This Act takes effect September 1, 1997.  The

1-47     Texas Board of Human Services shall adopt rules required under

1-48     Section 247.029, Health and Safety Code, as added by this Act, not

1-49     later than December 1, 1997.

1-50           SECTION 3.  The importance of this legislation and the

1-51     crowded condition of the calendars in both houses create an

1-52     emergency and an imperative public necessity that the

1-53     constitutional rule requiring bills to be read on three several

1-54     days in each house be suspended, and this rule is hereby suspended.

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