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.
2-39 * * * * *