By Jones of Dallas                                    H.B. No. 1418
         77R5290 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; 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 not more than one random, unannounced
2-12     drug test each year for each employee 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 to
2-19     expedite distribution of criminal history record information
2-20     provided under this section.
2-21           SECTION 4.  Section 250.006, Health and Safety Code, is
2-22     amended to read as follows:
2-23           Sec. 250.006.  CONVICTIONS BARRING EMPLOYMENT. A person
2-24     convicted of an offense listed in this section may not be employed
2-25     in a position the duties of which involve direct contact with a
2-26     consumer in a facility:
2-27                 (1)  an offense under Chapter 19, Penal Code (criminal
 3-1     homicide);
 3-2                 (2)  an offense under Chapter 20, Penal Code
 3-3     (kidnapping and false imprisonment);
 3-4                 (3)  an offense under  Section 21.11, Penal Code
 3-5     (indecency with a child);
 3-6                 (4)  an offense under  Section 22.011, Penal Code
 3-7     (sexual assault);
 3-8                 (5)  an offense under  Section 22.02, Penal Code
 3-9     (aggravated assault);
3-10                 (6)  an offense under  Section 22.04, Penal Code
3-11     (injury to a child, elderly individual, or disabled individual);
3-12                 (7)  an offense under  Section 22.041, Penal Code
3-13     (abandoning or endangering child);
3-14                 (8)  an offense under  Section 22.08, Penal Code
3-15     (aiding suicide);
3-16                 (9)  an offense under  Section 25.031, Penal Code
3-17     (agreement to abduct from custody);
3-18                 (10)  an offense under  Section 25.08, Penal Code (sale
3-19     or purchase of a child);
3-20                 (11)  an offense under  Section 28.02, Penal Code
3-21     (arson);
3-22                 (12)  an offense under  Section 29.02, Penal Code
3-23     (robbery); [or]
3-24                 (13)  an offense under Section 29.03, Penal Code
3-25     (aggravated robbery); or
3-26                 (14)  an offense under Chapter 31, Penal Code (theft).
3-27           SECTION 5.  (a)  This Act takes effect September 1, 2001.
 4-1           (b)  Each institution shall begin providing the notice
 4-2     required by Section 242.0371, Health and Safety Code, as amended by
 4-3     this Act, not later than January 1, 2002.
 4-4           (c)  Not later than December 1, 2001, the Texas Board of
 4-5     Health shall adopt the model drug testing policy required by
 4-6     Section 242.050, Health and Safety Code, as added by this Act.