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A BILL TO BE ENTITLED
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AN ACT
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relating to investigations and decisions regarding allegations of |
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abuse, neglect, or exploitation of persons with disabilities by |
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employees at certain facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 48, Human Resources Code, |
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is amended by adding Sections 48.257 and 48.258 to read as follows: |
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Sec. 48.257. RULES REGARDING RIGHTS OF ACCUSED EMPLOYEES. |
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(a) The executive commissioner shall adopt rules providing for the |
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protection of the rights of an employee at a facility described by |
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Section 48.252(a)(1) who is accused of abusing, neglecting, or |
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exploiting an individual with a disability receiving services in |
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the facility. |
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(b) The rules adopted under Subsection (a) must include the |
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right to: |
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(1) receive information regarding: |
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(A) the fact that an investigation is being |
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conducted; |
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(B) the specific nature of allegations made |
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against the accused employee; |
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(C) the date, time, and place of the alleged |
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incidents of abuse, neglect, or exploitation; and |
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(D) the opportunity for a hearing to contest the |
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findings of the investigation; |
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(2) employ legal counsel or obtain other legal |
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assistance for the investigation or hearing under this subchapter; |
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(3) request a hearing on the findings of the |
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investigation; and |
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(4) present evidence during the hearing, such as live |
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testimony or voluntary written statements of witnesses. |
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(c) The Department of Aging and Disability Services or the |
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Department of State Health Services, as appropriate, shall inform |
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an employee described by Subsection (a) of the employee's rights |
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under this section. |
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Sec. 48.258. RESULTS OF CERTAIN INVESTIGATIONS AND |
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DECISIONS FOLLOWING CERTAIN HEARINGS AND APPEALS. If an |
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investigation of or a hearing or appeal on a report of abuse, |
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neglect, or exploitation of an individual with a disability |
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receiving services in a facility described by Section 48.252(a)(1) |
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by an employee results in a determination that the allegation of |
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abuse, neglect, or exploitation is unfounded, unconfirmed, or |
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inconclusive: |
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(1) the Department of Aging and Disability Services or |
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the Department of State Health Services, as appropriate, shall: |
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(A) include that determination in any records |
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maintained by the department or facility relating to the allegation |
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of abuse, neglect, or exploitation by the employee, including the |
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department's or facility's client abuse and neglect records; |
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(B) compensate the employee for any lost wages; |
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(C) restore any lost benefits, including leave |
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time, to the employee; and |
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(D) on request, reinstate the employee to the |
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employee's original position or a position that is comparable in |
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terms of compensation, benefits, and other conditions of |
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employment; |
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(2) the commission shall include that determination in |
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the applicable registry if any information relating to the |
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allegation of abuse, neglect, or exploitation by the employee is |
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recorded in the employee misconduct registry under Section 253.007, |
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Health and Safety Code, or the nurse aide registry under Chapter |
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250, Health and Safety Code; and |
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(3) the Department of Family and Protective Services |
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shall include that determination in any records maintained by the |
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department relating to the allegation of abuse, neglect, or |
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exploitation by the employee. |
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SECTION 2. The executive commissioner of the Health and |
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Human Services Commission shall adopt the rules required by Section |
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48.257, Human Resources Code, as added by this Act, not later than |
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December 1, 2007. |
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SECTION 3. This Act takes effect September 1, 2007. |