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. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 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: 2-10 Sec. 40.0524. EMPLOYEE TRAINING IN RECOGNIZING AND REPORTING 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.