78R6097 KEG-F
By: Luna H.B. No. 1187
A BILL TO BE ENTITLED
AN ACT
relating to investigations and decisions regarding allegations of
abuse, neglect, or exploitation by employees at certain facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 48, Human Resources Code,
is amended by adding Sections 48.257 and 48.258 to read as follows:
Sec. 48.257. RULES REGARDING RIGHTS OF ACCUSED EMPLOYEES.
(a) The department and the Texas Department of Mental Health and
Mental Retardation shall jointly adopt rules specifying for an
investigation, hearing, and appeal under this subchapter the rights
of an employee at a facility operated by the Texas Department of
Mental Health and Mental Retardation who is accused of abusing,
neglecting, or exploiting an individual with a disability receiving
services in the facility.
(b) The rules adopted under Subsection (a) must include the
right to:
(1) receive information regarding:
(A) the fact that an investigation is being
conducted;
(B) the specific nature of allegations made
against the accused employee;
(C) the date, time, and place of the alleged
incidents of abuse, neglect, or exploitation; and
(D) the opportunity for a hearing to contest the
findings of the investigation;
(2) employ legal counsel or obtain other legal
assistance for the investigation, hearing, or appeal under this
subchapter;
(3) present evidence during a hearing or appeal, such
as live testimony or voluntary written statements of witnesses; and
(4) appeal the decision of a hearing examiner to a
neutral third party.
(c) The Texas Department of Mental Health and Mental
Retardation shall inform an employee described by Subsection (a) of
the employee's rights under this section.
Sec. 48.258. RESULTS OF CERTAIN INVESTIGATIONS AND
DECISIONS FOLLOWING CERTAIN HEARINGS AND APPEALS. (a) If, after
an investigation of a report of the abuse, neglect, or exploitation
of an individual with a disability receiving services in a facility
operated by the Texas Department of Mental Health and Mental
Retardation, the investigator determines that a reported incident
was not the result of abuse, neglect, or exploitation but may be
attributable to an inadequate staff-to-patient ratio, the
investigator shall note the concern in the investigation report.
(b) If an investigation of or a hearing or appeal on a report
of abuse, neglect, or exploitation of an individual with a
disability receiving services in a facility operated by the Texas
Department of Mental Health and Mental Retardation by an employee
of that department results in a determination that the allegation
of abuse, neglect, or exploitation is unfounded or inconclusive:
(1) the Texas Department of Mental Health and Mental
Retardation shall:
(A) remove all evidence of the allegation from
the accused employee's personnel file;
(B) compensate the employee for any lost wages
and restore any lost benefits, including leave time, to the
employee;
(C) on request, reinstate the employee to the
employee's original position or a position that is comparable in
terms of compensation, benefits, and other conditions of
employment; and
(D) remove any information related to the
allegation of abuse, neglect, or exploitation by the employee from
the department's client abuse and neglect records;
(2) the Texas Department of Human Services shall
remove any information related to the allegation of abuse, neglect,
or exploitation by the employee from the employee misconduct
registry under Section 253.007, Health and Safety Code, and, as
applicable, the nurse aide registry under Chapter 250, Health and
Safety Code; and
(3) the Department of Protective and Regulatory
Services shall remove any information related to the allegation of
abuse, neglect, or exploitation by the employee from the
department's child and adult protective services records.
SECTION 2. The Texas Department of Mental Health and Mental
Retardation and the Department of Protective and Regulatory
Services shall jointly adopt the rules required by Section 48.257,
Human Resources Code, as added by this Act, not later than December
1, 2003.
SECTION 3. This Act takes effect September 1, 2003.