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.