| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the imposition of a disciplinary action on a licensed |
|
|
nursing facility administrator; providing a penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 242.002, Health and Safety Code, is |
|
|
amended by amending Subdivision (4) and adding Subdivision (5-a) to |
|
|
read as follows: |
|
|
(4) "Department" means the [Texas] Department of Aging |
|
|
and Disability [Human] Services. |
|
|
(5-a) "Executive commissioner" means the executive |
|
|
commissioner of the Health and Human Services Commission. |
|
|
SECTION 2. Sections 242.313(a), (c), (d), and (e), Health |
|
|
and Safety Code, as added by Section 1.01, Chapter 1280 (S.B. 84), |
|
|
Acts of the 75th Legislature, Regular Session, 1997, are amended to |
|
|
read as follows: |
|
|
(a) The department may revoke, suspend, or refuse to renew a |
|
|
nursing facility administrator's license, assess an administrative |
|
|
penalty, issue a written reprimand, require participation in |
|
|
continuing education, or place an administrator on probation, after |
|
|
due notice and hearing, on proof of any of the following grounds: |
|
|
(1) the license holder has wilfully or repeatedly |
|
|
violated a provision of this subchapter or a rule adopted under this |
|
|
subchapter; |
|
|
(2) the license holder has wilfully or repeatedly |
|
|
acted in a manner inconsistent with the health and safety of the |
|
|
residents of a facility of which the license holder is an |
|
|
administrator; |
|
|
(3) the license holder obtained or attempted to obtain |
|
|
a license through misrepresentation or deceit or by making a |
|
|
material misstatement of fact on a license application; |
|
|
(4) the license holder's use of alcohol or drugs |
|
|
creates a hazard to the residents of a facility; |
|
|
(5) a judgment of a court of competent jurisdiction |
|
|
finds that the license holder is mentally incapacitated; |
|
|
(6) the license holder has been convicted in a court of |
|
|
competent jurisdiction of a misdemeanor or felony involving moral |
|
|
turpitude; [or] |
|
|
(7) the license holder has been convicted in a court of |
|
|
competent jurisdiction of an offense listed in Section 250.006; or |
|
|
(8) the license holder has been negligent or |
|
|
incompetent in the license holder's duties as a nursing facility |
|
|
administrator. |
|
|
(c) A license holder is entitled to a hearing in accordance |
|
|
with rules adopted [promulgated] by the executive commissioner |
|
|
[board] before a sanction is imposed under this section. |
|
|
(d) The executive commissioner [board] by rule shall adopt a |
|
|
broad schedule of sanctions for violations under this subchapter. |
|
|
The department shall use the schedule for any sanction imposed as |
|
|
the result of a hearing conducted in accordance with the rules. |
|
|
(e) The executive commissioner [department] shall by rule |
|
|
establish criteria to determine whether deficiencies from a |
|
|
facility's survey warrant action against an administrator. The |
|
|
criteria shall include a determination of whether the survey |
|
|
indicates substandard quality of care related to an act or failure |
|
|
to act by the administrator, and whether a deficiency is related to |
|
|
an act or failure to act by the administrator. If a deficiency on |
|
|
which a disciplinary action against an administrator is initiated |
|
|
or completed is not substantiated, the disciplinary action shall be |
|
|
reversed. |
|
|
SECTION 3. Sections 242.316(c) and (d), Health and Safety |
|
|
Code, as added by Section 1.01, Chapter 1280 (S.B. 84), Acts of the |
|
|
75th Legislature, Regular Session, 1997, are amended to read as |
|
|
follows: |
|
|
(c) If the person accepts the determination and the penalty |
|
|
recommended by the department, or if the person fails to timely |
|
|
respond to the notice, the department shall impose the recommended |
|
|
penalty. |
|
|
(d) If the person requests a hearing [or fails to respond
|
|
|
timely to the notice], the department shall set a hearing and give |
|
|
notice of the hearing to the person. The hearing shall be held in |
|
|
accordance with the [department's] rules on contested case hearings |
|
|
adopted by the executive commissioner. |
|
|
SECTION 4. Section 242.318(a), Health and Safety Code, as |
|
|
added by Section 2.01, Chapter 1280 (S.B. 84), Acts of the 75th |
|
|
Legislature, Regular Session, 1997, is amended to read as follows: |
|
|
(a) The board may revoke, suspend, or refuse to renew a |
|
|
nursing facility administrator's license, assess an administrative |
|
|
penalty, issue a written reprimand, require participation in |
|
|
continuing education, or place an administrator on probation, after |
|
|
due notice and hearing, on proof of any of the following grounds: |
|
|
(1) the license holder has wilfully or repeatedly |
|
|
violated a provision of this subchapter or a rule adopted under this |
|
|
subchapter; |
|
|
(2) the license holder has wilfully or repeatedly |
|
|
acted in a manner inconsistent with the health and safety of the |
|
|
residents of a facility of which the license holder is an |
|
|
administrator; |
|
|
(3) the license holder obtained or attempted to obtain |
|
|
a license through misrepresentation or deceit or by making a |
|
|
material misstatement of fact on a license application; |
|
|
(4) the license holder's use of alcohol or drugs |
|
|
creates a hazard to the residents of a facility; |
|
|
(5) a judgment of a court of competent jurisdiction |
|
|
finds that the license holder is mentally incapacitated; |
|
|
(6) the license holder has been convicted in a court of |
|
|
competent jurisdiction of a misdemeanor or felony involving moral |
|
|
turpitude; [or] |
|
|
(7) the license holder has been convicted in a court of |
|
|
competent jurisdiction of an offense listed in Section 250.006; or |
|
|
(8) the license holder has been negligent or |
|
|
incompetent in the license holder's duties as a nursing facility |
|
|
administrator. |
|
|
SECTION 5. Section 242.321(c), Health and Safety Code, as |
|
|
added by Section 2.01, Chapter 1280 (S.B. 84), Acts of the 75th |
|
|
Legislature, Regular Session, 1997, is amended to read as follows: |
|
|
(c) If the person accepts the determination and the penalty |
|
|
recommended by the department, or if the person fails to timely |
|
|
respond to the notice, the department shall impose the recommended |
|
|
penalty. |
|
|
SECTION 6. The change in law made by this Act applies only |
|
|
to a disciplinary action imposed on or after the effective date of |
|
|
this Act. A disciplinary action imposed before that date is |
|
|
governed by the law in effect at the time the action was initiated, |
|
|
and the former law is continued in effect for that purpose. |
|
|
SECTION 7. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |