78R6097 KEG-F

By:  Hinojosa                                                     S.B. No. 1198



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.