By Jones of Dallas, et al.                            H.B. No. 1418
         77R11945 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain employees of nursing homes and related
 1-3     institutions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 242.0371, Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           Sec. 242.0371.  NOTICE OF CERTAIN EMPLOYMENT POLICIES [DRUG
 1-8     TESTING POLICY]. (a)  An institution licensed under this chapter
 1-9     shall prepare [provide to the following persons] a written
1-10     statement describing the institution's policy for:
1-11                 (1)  the drug testing of employees who have direct
1-12     contact with residents; and
1-13                 (2)  the conducting of criminal history record checks
1-14     of employees and applicants for employment in accordance with
1-15     Chapter 250.
1-16           (b)  The institution shall provide the statement to:
1-17                 (1)  each person applying for services from the
1-18     institution or the person's next of kin or guardian;  and
1-19                 (2)  any person requesting the information.
1-20           SECTION 2.  Subchapter B, Chapter 242, Health and Safety
1-21     Code, is amended by adding Section 242.050 to read as follows:
1-22           Sec. 242.050.  DRUG TESTING OF EMPLOYEES. (a)  An institution
1-23     may establish a drug testing policy for employees of the
1-24     institution. An institution that establishes a drug testing policy
 2-1     under this subsection may adopt the model drug testing policy
 2-2     adopted by the board or may use another drug testing policy.
 2-3           (b)  The board by rule shall adopt a model drug testing
 2-4     policy for use by institutions.  The model drug testing policy must
 2-5     be designed to ensure the safety of residents through appropriate
 2-6     drug testing and to protect the rights of employees.  The model
 2-7     drug testing policy must:
 2-8                 (1)  require at least one scheduled drug test each year
 2-9     for each employee of an institution that has direct contact with a
2-10     resident in the institution; and
2-11                 (2)  authorize random, unannounced drug testing for
2-12     employees described by Subdivision (1).
2-13           SECTION 3.  Section 250.002(c), Health and Safety Code, is
2-14     amended to read as follows:
2-15           (c)  The regulatory agency or private agency, as appropriate,
2-16     shall forward criminal history record information received under
2-17     this section to the facility requesting the information.  The
2-18     regulatory agency or private agency may use the Internet criminal
2-19     history search services provided by the Texas Department of Public
2-20     Safety to expedite requests for criminal history record
2-21     information.
2-22           SECTION 4.  Section 250.006, Health and Safety Code, is
2-23     amended to read as follows:
2-24           Sec. 250.006.  CONVICTIONS BARRING EMPLOYMENT. (a)  A person
2-25     convicted of an offense listed in this subsection [section] may not
2-26     be employed in a position the duties of which involve direct
2-27     contact with a consumer in a facility:
 3-1                 (1)  an offense under Chapter 19, Penal Code (criminal
 3-2     homicide);
 3-3                 (2)  an offense under Chapter 20, Penal Code
 3-4     (kidnapping and unlawful restraint [false imprisonment]);
 3-5                 (3)  an offense under  Section 21.11, Penal Code
 3-6     (indecency with a child);
 3-7                 (4)  an offense under  Section 22.011, Penal Code
 3-8     (sexual assault);
 3-9                 (5)  an offense under  Section 22.02, Penal Code
3-10     (aggravated assault);
3-11                 (6)  an offense under  Section 22.04, Penal Code
3-12     (injury to a child, elderly individual, or disabled individual);
3-13                 (7)  an offense under  Section 22.041, Penal Code
3-14     (abandoning or endangering child);
3-15                 (8)  an offense under  Section 22.08, Penal Code
3-16     (aiding suicide);
3-17                 (9)  an offense under  Section 25.031, Penal Code
3-18     (agreement to abduct from custody);
3-19                 (10)  an offense under  Section 25.08, Penal Code (sale
3-20     or purchase of a child);
3-21                 (11)  an offense under  Section 28.02, Penal Code
3-22     (arson);
3-23                 (12)  an offense under  Section 29.02, Penal Code
3-24     (robbery); or
3-25                 (13)  an offense under Section 29.03, Penal Code
3-26     (aggravated robbery).
3-27           (b)  A person convicted of an offense under Chapter 31, Penal
 4-1     Code, that is punishable as a felony may not be employed in a
 4-2     position the duties of which involve direct contact with a consumer
 4-3     in a facility before the fifth anniversary of the date of the
 4-4     conviction.
 4-5           SECTION 5.  (a)  This Act takes effect September 1, 2001.
 4-6           (b)  Each institution shall begin providing the notice
 4-7     required by Section 242.0371, Health and Safety Code, as amended by
 4-8     this Act, not later than January 1, 2002.
 4-9           (c)  Not later than December 1, 2001, the Texas Board of
4-10     Human Services shall adopt the model drug testing policy required
4-11     by Section 242.050, Health and Safety Code, as added by this Act.
4-12           (d)  Section 250.006(b), Health and Safety Code, as added by
4-13     this Act, applies only to a person first employed by a facility on
4-14     or after the effective date of this Act.  A person employed by a
4-15     facility before the effective date of this Act is governed by the
4-16     law as it existed before the effective date of this Act, and that
4-17     law is continued in effect for that purpose.