78R6733 DLF-D

By:  West                                                         S.B. No. 1074


A BILL TO BE ENTITLED
AN ACT
relating to reports and investigations of abuse and neglect in nursing facilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 242.125, Health and Safety Code, is amended to read as follows: Sec. 242.125. PROCESSING OF REPORTS. (a) A report of abuse or neglect shall be made to the department or a local or state law enforcement agency. A report made by an owner or employee of an institution shall be made to the department and to the law enforcement agency described by Section 242.135(a). (b) Except as provided by Section 242.135, a [A] local or state law enforcement agency that receives a report of abuse or neglect shall refer the report to the department or the designated agency. SECTION 2. Section 242.126, Health and Safety Code, is amended by amending Subsections (c), (e), and (g) and adding Subsection (l) to read as follows: (c) The agency shall begin the investigation: (1) within 24 hours of receipt of the report or other allegation, if the report of abuse or neglect or other complaint alleges that: (A) a resident's health or safety is in imminent danger; (B) a resident has recently died because of conduct alleged in the report of abuse or neglect or other complaint; [or] (C) a resident has been hospitalized or been treated in an emergency room because of conduct alleged in the report of abuse or neglect or other complaint; (D) a resident has been a victim of any act or attempted act described by Section 21.11, 22.011, 22.021, or 25.02, Penal Code; or (E) a resident has suffered bodily injury, as that term is defined by Section 1.07, Penal Code, as a result of abuse or neglect; or (2) before the end of the next working day after the date of receipt of the report of abuse or neglect or other complaint, if the report or complaint alleges the existence of circumstances that could result in abuse or neglect and that could place a resident's health or safety in imminent danger. (e) In investigating the report of abuse or neglect or other complaint, the investigator for the investigating agency shall: (1) make an unannounced visit to the institution to determine the nature and cause of the alleged abuse or neglect of the resident; (2) interview each available witness, including the resident that suffered the alleged abuse or neglect, identified by any source as having personal knowledge relevant to the report of abuse or neglect or other complaint; (3) personally inspect any physical circumstance that is relevant and material to the report of abuse or neglect or other complaint and that may be objectively observed; (4) make a photographic record of any injury to a resident, after obtaining any consent required under state or federal law; and (5) [(4)] write an investigation report that includes: (A) the investigator's personal observations; (B) a review of relevant documents and records; (C) a summary of each witness statement, including the statement of the resident that suffered the alleged abuse or neglect; and (D) a statement of the factual basis for the findings for each incident or problem alleged in the report or other allegation. (g) Not later than the 30th day after the date the investigation is complete, the investigator shall prepare the written report required by Subsection (e). The department shall make the investigation report available to the public on request after the date the department's letter of determination is complete. The department shall delete from any copy made available to the public: (1) the name of: (A) [(1)] any resident, unless the department receives written authorization from a resident or the resident's legal representative requesting the resident's name be left in the report; (B) [(2)] the person making the report of abuse or neglect or other complaint; and (C) [(3)] an individual interviewed in the investigation; and (2) photographs of any injury to the resident. (l) The department or designated agency shall report each report of abuse or neglect or other complaint described by Subsection (c)(1) to the law enforcement agency described by Section 242.135(a) and shall cooperate with that law enforcement agency in the investigation of the report or complaint. SECTION 3. Section 242.127, Health and Safety Code, is amended to read as follows: Sec. 242.127. CONFIDENTIALITY. A report, record, or working paper used or developed in an investigation made under this subchapter and the name, address, and phone number of any person making a report under this subchapter are confidential and may be disclosed only for purposes consistent with the rules adopted by the board or the designated agency. The report, record, or working paper, and the name, address, and phone number of the person making the report, shall be disclosed to a law enforcement agency as necessary to permit the law enforcement agency to investigate a report of abuse or neglect or other complaint in accordance with Section 242.135. SECTION 4. Subchapter E, Chapter 242, Health and Safety Code, is amended by adding Section 242.135 to read as follows: Sec. 242.135. DUTIES OF LAW ENFORCEMENT. (a) A department or designated agency shall investigate a report of abuse or neglect or other complaint described by Section 242.126(c)(1) jointly with: (1) the municipal law enforcement agency, if the institution is located within the territorial boundaries of a municipality; or (2) the sheriff's department of the county in which the institution is located, if the institution is not located within the territorial boundaries of a municipality. (b) The law enforcement agency described by Subsection (a) shall investigate the report of abuse or neglect or other complaint, cooperate with the department or designated agency, and report to the department or designated agency the results of the investigation. SECTION 5. This Act takes effect September 1, 2003.