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.