| TO: | Honorable Patrick M. Rose, Chair, House Committee on Human Services |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | SB806 by Nelson (Relating to the imposition of a disciplinary action on a licensed nursing facility administrator; providing a penalty.), As Engrossed |
The bill would amend the Health and Safety Code as it relates to the imposition of a disciplinary action on a licensed nursing facility administrator and provides a penalty.
SECTION 2 and 4 of the bill add provisions to 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, if the license holder has been convicted in a court of competent jurisdiction of an offense listed in Section 250.006 of the Health and Safety Code (Convictions Barring Employment).
SECTION 3 of the bill would allow a penalty to be imposed, rather than requiring the Department of Aging and Disability Services (DADS) to set a hearing, if a person fails to timely respond to the notice.
SECTION 5 of the bill would allow DADS to impose a penalty if a person fails to timely respond to the notice.
The bill would apply only to a disciplinary action imposed on or after the effective date of the bill. A disciplinary action imposed before that date would be governed by the law in effect at the time the action was initiated.
The bill would take effect immediately if it received a vote of two-thirds of all the members elected to each house. If the bill does not receive the vote necessary for immediate effect, the bill would take effect September 1, 2009.
| Source Agencies: | 539 Aging and Disability Services, Department of
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| LBB Staff: | JOB, CL, SJ, LR
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