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, Health and Safety Code, is
2-14     amended to read as follows:
2-15           Sec. 250.002.  INFORMATION OBTAINED BY FACILITY, REGULATORY
2-16     AGENCY, OR PRIVATE AGENCY.  (a)  A facility, a regulatory agency,
2-17     or a private agency on behalf of a facility is entitled to obtain
2-18     from the Department of Public Safety of the State of Texas criminal
2-19     history record information maintained by the Department of Public
2-20     Safety that relates to a person who is:
2-21                 (1)  an applicant for employment at a facility other
2-22     than a facility licensed under Chapter 142;
2-23                 (2)  [licensed, certified, or under contract with the
2-24     agency, as specified by Section 250.001(3), or who is] an employee
2-25     of a [that] facility other than a facility licensed under Chapter
2-26     142; or
2-27                 (3)  an applicant for employment at or an employee of a
 3-1     facility licensed under Chapter 142[, and] whose employment duties
 3-2     would or do involve direct contact with a consumer in the [a]
 3-3     facility.
 3-4           (b)  A facility may:
 3-5                 (1)  pay a private agency to obtain criminal history
 3-6     record information for an applicant or employee described by
 3-7     Subsection (a) directly from the Department of Public Safety of the
 3-8     State of Texas; or
 3-9                 (2)  obtain the information directly from the
3-10     Department of Public Safety [from the regulatory agency that
3-11     obtains the information from the Department of Public Safety of the
3-12     State of Texas regarding that facility].
3-13           (c)  The [regulatory agency or] private agency[, as
3-14     appropriate,] shall forward criminal history record information
3-15     received under this section to the facility requesting the
3-16     information.
3-17           (d)  A regulatory agency may adopt rules relating to the
3-18     processing of information requested or obtained under this chapter.
3-19           SECTION 4.  Section 250.003, Health and Safety Code, is
3-20     amended to read as follows:
3-21           Sec. 250.003.  VERIFICATION OF EMPLOYABILITY; DISCHARGE.
3-22     (a)  A facility may not employ a person [in a position the duties
3-23     of which involve direct contact with a consumer in the facility] if
3-24     the facility determines, as a result of a criminal history check,
3-25     that a person has been convicted of an offense listed in this
3-26     chapter that bars employment or that a conviction is a
3-27     contraindication to employment with the consumers the facility
 4-1     serves, and if the applicant is a nurse aide, until the facility
 4-2     further verifies that the applicant is listed in the nurse aide
 4-3     registry and verifies that the applicant is not designated in the
 4-4     registry as having a finding entered into the registry concerning
 4-5     abuse, neglect, or mistreatment of a consumer of a facility, or
 4-6     misappropriation of a consumer's property.  A person licensed under
 4-7     another law of this state is exempt from the requirements of this
 4-8     chapter.
 4-9           (b)  The facility may not employ an applicant covered by
4-10     Subsection (a), except that in an emergency requiring immediate
4-11     employment, a facility may hire on a temporary or interim basis a
4-12     person not listed in the registry pending the results of a criminal
4-13     conviction check, which must be requested within 72 hours of
4-14     employment.  [The request shall be mailed, sent by telephonic
4-15     facsimile machine, sent by electronic means, or otherwise forwarded
4-16     to the facility's regulatory agency by the facility or a private
4-17     agency working with the facility, or to the Department of Public
4-18     Safety of the State of Texas by a private agency working with the
4-19     facility.]
4-20           (c)  A facility shall immediately discharge any employee [in
4-21     a position the duties of which involve direct contact with a
4-22     consumer in the facility] who is designated in the nurse aide
4-23     registry or the employee misconduct registry established under
4-24     Chapter 253 as having committed an act of abuse, neglect, or
4-25     mistreatment of a consumer of a facility, or misappropriation of a
4-26     consumer's property, or whose criminal history check reveals
4-27     conviction of a crime that bars employment or that the facility
 5-1     determines is a contraindication to employment as provided by this
 5-2     chapter.
 5-3           SECTION 5.  Section 250.004(a), Health and Safety Code, is
 5-4     amended to read as follows:
 5-5           (a)  Identifying information of an employee [in direct
 5-6     contact with a consumer] in a covered facility shall be submitted
 5-7     electronically, on disk, or on a typewritten form to the Department
 5-8     of Public Safety to obtain the person's criminal conviction record
 5-9     when the person applies for employment and at other times as the
5-10     facility may determine appropriate.  In this subsection,
5-11     "identifying information" includes:
5-12                 (1)  the complete name, race, and sex of the employee;
5-13                 (2)  any known identifying number of the employee,
5-14     including social security number, driver's license number, or state
5-15     identification number; and
5-16                 (3)  the employee's date of birth.
5-17           SECTION 6.  Section 250.006, Health and Safety Code, is
5-18     amended to read as follows:
5-19           Sec. 250.006.  CONVICTIONS BARRING EMPLOYMENT. (a)  A person
5-20     for whom the facility is entitled to obtain criminal history record
5-21     information may not be employed in a facility if the person has
5-22     been convicted of an offense listed in this subsection [section may
5-23     not be employed in a position the duties of which involve direct
5-24     contact with a consumer in a facility]:
5-25                 (1)  an offense under Chapter 19, Penal Code (criminal
5-26     homicide);
5-27                 (2)  an offense under Chapter 20, Penal Code
 6-1     (kidnapping and unlawful restraint [false imprisonment]);
 6-2                 (3)  an offense under Section 21.11, Penal Code
 6-3     (indecency with a child);
 6-4                 (4)  an offense under Section 22.011, Penal Code
 6-5     (sexual assault);
 6-6                 (5)  an offense under Section 22.02, Penal Code
 6-7     (aggravated assault);
 6-8                 (6)  an offense under Section 22.04, Penal Code (injury
 6-9     to a child, elderly individual, or disabled individual);
6-10                 (7)  an offense under Section 22.041, Penal Code
6-11     (abandoning or endangering child);
6-12                 (8)  an offense under Section 22.08, Penal Code (aiding
6-13     suicide);
6-14                 (9)  an offense under Section 25.031, Penal Code
6-15     (agreement to abduct from custody);
6-16                 (10)  an offense under Section 25.08, Penal Code (sale
6-17     or purchase of a child);
6-18                 (11)  an offense under Section 28.02, Penal Code
6-19     (arson);
6-20                 (12)  an offense under Section 29.02, Penal Code
6-21     (robbery); [or]
6-22                 (13)  an offense under Section 29.03, Penal Code
6-23     (aggravated robbery); or
6-24                 (14)  a conviction under the laws of another state,
6-25     federal law, or the Uniform Code of Military Justice for an offense
6-26     containing elements that are substantially similar to the elements
6-27     of an offense listed under Subdivisions (1)-(13).
 7-1           (b)  A person convicted of an offense under Chapter 31, Penal
 7-2     Code, that is punishable as a felony may not be employed in a
 7-3     position the duties of which involve direct contact with a consumer
 7-4     in a facility before the fifth anniversary of the date of the
 7-5     conviction.
 7-6           SECTION 7.  (a)  This Act takes effect September 1, 2001.
 7-7           (b)  Each institution shall begin providing the notice
 7-8     required by Section 242.0371, Health and Safety Code, as amended by
 7-9     this Act, not later than January 1, 2002.
7-10           (c)  Not later than December 1, 2001, the Texas Board of
7-11     Human Services shall adopt the model drug testing policy required
7-12     by Section 242.050, Health and Safety Code, as added by this Act.
7-13           (d)  Section 250.006(b), Health and Safety Code, as added by
7-14     this Act, applies only to a person first employed by a facility on
7-15     or after the effective date of this Act.  A person employed by a
7-16     facility before the effective date of this Act is governed by the
7-17     law as it existed before the effective date of this Act, and that
7-18     law is continued in effect for that purpose.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1418 was passed by the House on May
         11, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1418 on May 24, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1418 was passed by the Senate, with
         amendments, on May 17, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor