By Hill H.B. No. 1261
76R1112 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to listing certain incidents of abuse or neglect by a
1-3 nurse's aide in a convalescent or nursing home or related
1-4 institution.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter E, Chapter 242, Health and Safety
1-7 Code, is amended by adding Section 242.1301 to read as follows:
1-8 Sec. 242.1301. CENTRAL REGISTRY TREATMENT OF CERTAIN REPORTS
1-9 OF ABUSE, NEGLECT, OR MISTREATMENT; NURSE AIDES. (a) In this
1-10 section, "nurse aide registry" has the meaning assigned by Section
1-11 250.001.
1-12 (b) The department shall list as a separate category in the
1-13 central registry maintained under Section 242.130 the names and any
1-14 other necessary identifying information of all nurse aides involved
1-15 in a report of abuse or neglect of a resident in which the
1-16 proceedings, if any, and the investigation conducted by the
1-17 department in relation to the report:
1-18 (1) do not warrant designating in the nurse aide
1-19 registry that the nurse aide has been found by the department to
1-20 have committed an act of abuse, neglect, or mistreatment of the
1-21 resident; but
1-22 (2) do warrant a finding by the department that at
1-23 least two of the following three factors were present in the nurse
1-24 aide's treatment of the resident:
2-1 (A) the nurse aide's treatment of the resident
2-2 was unlawful and either intentional or reckless;
2-3 (B) the nurse aide knew or should have known
2-4 that the nurse aide's treatment of the resident was unlawful; and
2-5 (C) the resident was harmed by the nurse aide's
2-6 treatment of the resident.
2-7 (c) The department shall allow a nurse aide to petition the
2-8 department to remove the nurse aide's name and other necessary
2-9 identifying information from the central registry category
2-10 established under Subsection (b). The department shall use the same
2-11 standards and procedures that are required or used under federal
2-12 law for a petition to remove a designation of a finding of abuse,
2-13 neglect, or mistreatment from the nurse aide registry.
2-14 (d) The department shall maintain the central registry
2-15 category established under Subsection (b) in such a manner that it
2-16 is clearly indicated to a person who inspects or receives a copy of
2-17 all or part of the information in the central registry category
2-18 that:
2-19 (1) the central registry category is distinct from the
2-20 nurse aide registry;
2-21 (2) inspection of information in the central registry
2-22 category does not satisfy any legal requirement to verify whether
2-23 information is contained in the nurse aide registry; and
2-24 (3) Section 250.003, Health and Safety Code, applies
2-25 only in relation to information that is contained in the nurse aide
2-26 registry.
2-27 SECTION 2. This Act takes effect September 1, 1999.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.