By: Nelson  S.B. No. 345
         (In the Senate - Filed December 8, 2008; February 11, 2009,
  read first time and referred to Committee on Health and Human
  Services; March 17, 2009, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  March 17, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 345 By:  Nelson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to screening health care personnel of home and community
  support services agencies for tuberculosis.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b), Section 142.012, Health and
  Safety Code, is amended to read as follows:
         (b)  Department rules must [The board by rule shall] set
  minimum standards for home and community support services agencies
  licensed under this chapter that relate to:
               (1)  qualifications for professional and
  nonprofessional personnel, including volunteers;
               (2)  supervision of professional and nonprofessional
  personnel, including volunteers;
               (3)  the implementation, for professional and
  nonprofessional personnel, including volunteers, who have direct
  contact with the agency's clients, of a tuberculosis surveillance
  program, based on the most current guidelines for preventing the
  transmission of Mycobacterium tuberculosis in health care
  facilities published by the Centers for Disease Control and
  Prevention of the United States Public Health Service;
               (4)  the provision and coordination of treatment and
  services, including support and bereavement services, as
  appropriate;
               (5) [(4)]  the management, ownership, and
  organizational structure, including lines of authority and
  delegation of responsibility and, as appropriate, the composition
  of an interdisciplinary team;
               (6) [(5)]  clinical and business records;
               (7) [(6)]  financial ability to carry out the functions
  as proposed;
               (8) [(7)]  safety, fire prevention, and sanitary
  standards for residential units and inpatient units; and
               (9) [(8)]  any other aspects of home health, hospice,
  or personal assistance services as necessary to protect the public.
         SECTION 2.  The executive commissioner of the Health and
  Human Services Commission shall adopt rules required by Subsection
  (b), Section 142.012, Health and Safety Code, as amended by this
  Act, not later than January 1, 2010.
         SECTION 3.  This Act takes effect September 1, 2009.
 
  * * * * *