1-1     By:  Jones of Dallas, et al.                          H.B. No. 1418
 1-2          (Senate Sponsor - Carona)
 1-3           (In the Senate - Received from the House May 11, 2001;
 1-4     May 11, 2001, read first time and referred to Committee on Health
 1-5     and Human Services; May 11, 2001, reported favorably by the
 1-6     following vote:  Yeas 7, Nays 0; May 11, 2001, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to certain employees of nursing homes and related
1-10     institutions.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 242.0371, Health and Safety Code, is
1-13     amended to read as follows:
1-14           Sec. 242.0371.  NOTICE OF CERTAIN EMPLOYMENT POLICIES [DRUG
1-15     TESTING POLICY]. (a)  An institution licensed under this chapter
1-16     shall prepare [provide to the following persons] a written
1-17     statement describing the institution's policy for:
1-18                 (1)  the drug testing of employees who have direct
1-19     contact with residents; and
1-20                 (2)  the conducting of criminal history record checks
1-21     of employees and applicants for employment in accordance with
1-22     Chapter 250.
1-23           (b)  The institution shall provide the statement to:
1-24                 (1)  each person applying for services from the
1-25     institution or the person's next of kin or guardian;  and
1-26                 (2)  any person requesting the information.
1-27           SECTION 2.  Subchapter B, Chapter 242, Health and Safety
1-28     Code, is amended by adding Section 242.050 to read as follows:
1-29           Sec. 242.050.  DRUG TESTING OF EMPLOYEES. (a)  An institution
1-30     may establish a drug testing policy for employees of the
1-31     institution. An institution that establishes a drug testing policy
1-32     under this subsection may adopt the model drug testing policy
1-33     adopted by the board or may use another drug testing policy.
1-34           (b)  The board by rule shall adopt a model drug testing
1-35     policy for use by institutions.  The model drug testing policy must
1-36     be designed to ensure the safety of residents through appropriate
1-37     drug testing and to protect the rights of employees.  The model
1-38     drug testing policy must:
1-39                 (1)  require at least one scheduled drug test each year
1-40     for each employee of an institution that has direct contact with a
1-41     resident in the institution; and
1-42                 (2)  authorize random, unannounced drug testing for
1-43     employees described by Subdivision (1).
1-44           SECTION 3.  Section 250.002(c), Health and Safety Code, is
1-45     amended to read as follows:
1-46           (c)  The regulatory agency or private agency, as appropriate,
1-47     shall forward criminal history record information received under
1-48     this section to the facility requesting the information.  The
1-49     regulatory agency or private agency may use the Internet criminal
1-50     history search services provided by the Texas Department of Public
1-51     Safety to expedite requests for criminal history record
1-52     information.
1-53           SECTION 4.  Section 250.006, Health and Safety Code, is
1-54     amended to read as follows:
1-55           Sec. 250.006.  CONVICTIONS BARRING EMPLOYMENT. (a)  A person
1-56     convicted of an offense listed in this subsection [section] may not
1-57     be employed in a position the duties of which involve direct
1-58     contact with a consumer in a facility:
1-59                 (1)  an offense under Chapter 19, Penal Code (criminal
1-60     homicide);
1-61                 (2)  an offense under Chapter 20, Penal Code
1-62     (kidnapping and unlawful restraint [false imprisonment]);
1-63                 (3)  an offense under  Section 21.11, Penal Code
1-64     (indecency with a child);
 2-1                 (4)  an offense under  Section 22.011, Penal Code
 2-2     (sexual assault);
 2-3                 (5)  an offense under  Section 22.02, Penal Code
 2-4     (aggravated assault);
 2-5                 (6)  an offense under  Section 22.04, Penal Code
 2-6     (injury to a child, elderly individual, or disabled individual);
 2-7                 (7)  an offense under  Section 22.041, Penal Code
 2-8     (abandoning or endangering child);
 2-9                 (8)  an offense under  Section 22.08, Penal Code
2-10     (aiding suicide);
2-11                 (9)  an offense under  Section 25.031, Penal Code
2-12     (agreement to abduct from custody);
2-13                 (10)  an offense under  Section 25.08, Penal Code (sale
2-14     or purchase of a child);
2-15                 (11)  an offense under  Section 28.02, Penal Code
2-16     (arson);
2-17                 (12)  an offense under  Section 29.02, Penal Code
2-18     (robbery); or
2-19                 (13)  an offense under Section 29.03, Penal Code
2-20     (aggravated robbery).
2-21           (b)  A person convicted of an offense under Chapter 31, Penal
2-22     Code, that is punishable as a felony may not be employed in a
2-23     position the duties of which involve direct contact with a consumer
2-24     in a facility before the fifth anniversary of the date of the
2-25     conviction.
2-26           SECTION 5.  (a)  This Act takes effect September 1, 2001.
2-27           (b)  Each institution shall begin providing the notice
2-28     required by Section 242.0371, Health and Safety Code, as amended by
2-29     this Act, not later than January 1, 2002.
2-30           (c)  Not later than December 1, 2001, the Texas Board of
2-31     Human Services shall adopt the model drug testing policy required
2-32     by Section 242.050, Health and Safety Code, as added by this Act.
2-33           (d)  Section 250.006(b), Health and Safety Code, as added by
2-34     this Act, applies only to a person first employed by a facility on
2-35     or after the effective date of this Act.  A person employed by a
2-36     facility before the effective date of this Act is governed by the
2-37     law as it existed before the effective date of this Act, and that
2-38     law is continued in effect for that purpose.
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