By Wise                                               H.B. No. 2192
         76R7097 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the requirement that certain persons receive training
 1-3     in recognizing child abuse and neglect.
 1-5           SECTION 1.  (a)  In this section:
 1-6                 (1)  "License" means a license, certificate,
 1-7     registration, permit, or other authorization that:
 1-8                       (A)  is issued by a licensing authority;
 1-9                       (B)  is subject before expiration to suspension,
1-10     revocation, forfeiture, or termination by the issuing licensing
1-11     authority; and
1-12                       (C)  must be obtained in order for a person to
1-13     practice or engage in a particular business, occupation, or
1-14     profession.
1-15                 (2)  "Licensing authority" means a department,
1-16     commission, board, office, or other agency of the state or a
1-17     political subdivision of the state that issues a license.
1-18                 (3)  "Professional" means an individual who is licensed
1-19     by a licensing authority and who, in the normal course of duties
1-20     for which a license is required, has direct contact with children.
1-21     The term includes teachers, nurses, and physicians.
1-22           (b)  A licensing authority may not issue a license to a
1-23     professional unless the professional has attended a training
1-24     program provided by the Department of Protective and Regulatory
 2-1     Services under Section 40.0524, Human Resources Code, related to
 2-2     recognizing and reporting cases of child abuse and neglect.
 2-3           (c)  A professional who is licensed on the effective date of
 2-4     this Act must attend the training program required by this section
 2-5     not later than December 1, 2000.  If the person does not attend the
 2-6     program before December 2, 2000, the licensing authority shall take
 2-7     disciplinary action against the person.
 2-8           SECTION 2.  Subchapter C, Chapter 40, Human Resources Code,
 2-9     is amended by adding Section 40.0524 to read as follows:
2-11     ABUSE AND NEGLECT.  (a)  In this section:
2-12                 (1)  "Facility" means a facility licensed, certified,
2-13     or operated by the state.
2-14                 (2)  "Professional" has the meaning assigned by Section
2-15     261.101(b), Family Code.
2-16           (b)  A facility may not employ a professional unless the
2-17     professional has attended a training program provided by the
2-18     department related to recognizing and reporting cases of child
2-19     abuse and neglect.  A licensing or certifying agency may take
2-20     disciplinary action against a facility that employs a professional
2-21     who has not attended the training program required by this section.
2-22           (c)  The department shall create in coordination with the
2-23     department's duties under Section 40.0522(b) a training program for
2-24     professionals in recognizing and reporting cases of child abuse and
2-25     neglect.  The program must include instruction in:
2-26                 (1)  physical and behavioral signs of child abuse and
2-27     child neglect; and
 3-1                 (2)  the requirements for reporting child abuse and
 3-2     neglect.
 3-3           SECTION 3.  (a)  Except as provided by Subsection (c) of this
 3-4     section, this Act takes effect September 1, 1999.
 3-5           (b)  The Department of Protective and Regulatory Services
 3-6     shall create the training program required by Section 40.0524,
 3-7     Human Resources Code, as added by this Act, not later than January
 3-8     1, 2000.
 3-9           (c)  Section 1 of this Act takes effect June 1, 2000.
3-10           SECTION 4.  The importance of this legislation and the
3-11     crowded condition of the calendars in both houses create an
3-12     emergency and an imperative public necessity that the
3-13     constitutional rule requiring bills to be read on three several
3-14     days in each house be suspended, and this rule is hereby suspended.