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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, hearing, or appeal under this |
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subchapter; |
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(3) request a hearing on the findings of the |
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investigation; |
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(4) present evidence during a hearing or appeal, such |
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as live testimony or voluntary written statements of witnesses; and |
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(5) appeal the decision of a hearing examiner to a |
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neutral third party. |
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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. (a) If, after |
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an investigation of a report of the abuse, neglect, or exploitation |
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of an individual with a disability receiving services in a facility |
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described by Section 48.252(a)(1), the investigator determines |
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that a reported incident was not the result of abuse, neglect, or |
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exploitation but may be attributable to an inadequate |
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staff-to-patient ratio, the investigator shall note the concern in |
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the investigation report. |
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(b) If an investigation of or a hearing or appeal on a report |
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of abuse, neglect, or e |
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xploitation of an individual with a |
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disability receiving services in a facility described by Section |
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48.252(a)(1) by an employee results in a determination that the |
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allegation of abuse, neglect, or exploitation is unfounded, |
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unconfirmed, or 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) remove all evidence of the allegation from |
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the accused employee's personnel file; |
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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; |
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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; and |
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(E) remove any information related to the |
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allegation of abuse, neglect, or exploitation by the employee from |
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the department's or entity's client abuse and neglect records; |
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(2) the commission shall remove any information |
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related to the allegation of abuse, neglect, or exploitation by the |
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employee from the employee misconduct registry under Section |
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253.007, Health and Safety Code, and, as applicable, the nurse aide |
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registry under Chapter 250, Health and Safety Code; and |
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(3) the Department of Family and Protective Services |
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shall remove any information related to the allegation of abuse, |
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neglect, or exploitation by the employee from the department's |
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child and adult protective services records. |
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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. |