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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a central database for and health and |
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human services agency investigations of alleged abuse, neglect, and |
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exploitation violations and rights violations at certain |
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facilities operated in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 531, Government Code, is |
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amended by adding Section 531.0142 to read as follows: |
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Sec. 531.0142. CENTRAL DATABASE OF REPORTABLE MISCONDUCT |
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AND RELATED INVESTIGATIONS. (a) In this section: |
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(1) "Institution" has the meaning assigned by Section |
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242.002, Health and Safety Code. |
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(2) "Reportable conduct" has the meaning assigned by |
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Section 253.001, Health and Safety Code. For purposes of this |
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section, the term includes rights violations. |
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(b) The commission, in consultation and cooperation with |
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the other health and human services agencies, shall develop and |
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maintain an electronic database to collect and analyze information |
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regarding reports received and investigations conducted by the |
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agencies relating to allegations of reportable conduct committed or |
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alleged to have been committed by employees against a resident or |
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client of: |
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(1) a state-operated facility under the jurisdiction |
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of a health and human services agency, including a: |
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(A) state hospital; |
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(B) state supported living center; and |
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(C) state-operated intermediate care facility; |
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(2) an institution or other facility that provides |
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services to recipients under the Medicaid program, including home |
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and community-based services under a Section 1915(c) waiver |
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program; or |
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(3) an institution or other facility that otherwise |
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reports to the commission or another health and human services |
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agency incidents of reportable conduct. |
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(c) The database required under Subsection (b) must: |
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(1) facilitate the entry of required information and |
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the sharing of information between the health and human services |
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agencies; |
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(2) contain the following details regarding an |
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incident of reportable conduct: |
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(A) the name of the employee alleged to have |
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committed the reportable conduct; |
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(B) the employee's address; |
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(C) the employee's social security number; |
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(D) the name and address of the employing |
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institution or facility; |
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(E) the date the reportable conduct occurred; and |
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(F) a description of the reportable conduct; and |
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(3) allow health and human services agencies to track |
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past allegations of reportable conduct made against a particular |
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employee to determine whether a pattern of employee behavior exists |
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that might warrant further investigation. |
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(d) The commission and the other health and human services |
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agencies may modify, expand, or consolidate existing databases and |
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registries maintained by the agencies for purposes of creating the |
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database required under Subsection (b), including: |
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(1) the employee misconduct registry maintained under |
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Chapter 253, Health and Safety Code; |
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(2) a designation in the nurse aide registry |
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maintained under Chapter 250, Health and Safety Code, that an |
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employee committed an act of reportable conduct; |
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(3) the central registry of reported cases maintained |
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under Chapter 260A, Health and Safety Code; and |
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(4) the database maintained under Section 161.077, |
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Human Resources Code. |
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(e) The commission or another health and human services |
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agency may not release or distribute information in the database |
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created under this section that: |
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(1) is in a form that contains personally identifiable |
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information related to the alleged victim of reportable conduct or |
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a resident or client of a state-operated facility, institution, or |
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other facility; |
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(2) is privileged under Section 250.007, Health and |
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Safety Code, that may not be released under Section 161.077, Human |
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Resources Code, or that is privileged or confidential under other |
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law; |
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(3) relates to reportable conduct for purposes of this |
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chapter but with respect to which there has not been a finding that |
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the employee has committed reportable conduct in accordance with |
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Chapter 253, Health and Safety Code, or Chapter 48, Human Resources |
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Code; or |
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(4) has been removed from a registry or database |
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described by Subsection (d). |
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(f) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 2. Section 253.001(3), Health and Safety Code, is |
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amended to read as follows: |
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(3) "Employee" means a person, including a physician |
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or nurse, who: |
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(A) works at a facility; and |
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(B) is an individual who provides personal or |
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health care services, active treatment, or any other personal or |
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health care services to a resident or consumer of the facility [;
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and
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[(C)
is not licensed by an agency of the state to
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perform the services the employee performs at the facility or is a
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nurse aide employed by a facility]. |
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SECTION 3. Chapter 253, Health and Safety Code, is amended |
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by adding Section 253.0071 to read as follows: |
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Sec. 253.0071. NOTICE TO STATE LICENSING AGENCY. If the |
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department in accordance with this chapter finds that an employee |
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of a facility has committed reportable conduct and that employee is |
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licensed by an agency of this state to perform the health care |
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services the employee performs at the facility, the department |
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shall, in addition to recording the reportable conduct in the |
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registry under Section 253.007, notify the appropriate licensing |
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agency of the department's findings. |
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SECTION 4. Section 555.059(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The independent ombudsman shall: |
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(1) evaluate the process by which a center |
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investigates, reviews, and reports an injury to a resident or |
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client or an unusual incident; |
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(2) evaluate the delivery of services to residents and |
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clients to ensure that the rights of residents and clients are fully |
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observed, including ensuring that each center conducts sufficient |
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unannounced patrols; |
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(3) immediately refer a complaint alleging the abuse, |
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neglect, or exploitation of a resident or client to the Department |
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of Family and Protective Services; |
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(4) refer a complaint alleging employee misconduct |
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that does not involve abuse, neglect, or exploitation or a possible |
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violation of an ICF-MR standard or condition of participation to |
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the regulatory services division of the department; |
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(5) refer a complaint alleging a criminal offense, |
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other than an allegation of abuse, neglect, or exploitation of a |
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resident or client, to the inspector general; |
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(6) conduct investigations of complaints, other than |
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complaints alleging criminal offenses or the abuse, neglect, or |
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exploitation of a resident or client, if the office determines |
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that: |
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(A) a resident or client or the resident's or |
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client's family may be in need of assistance from the office; or |
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(B) a complaint raises the possibility of a |
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systemic issue in the center's provision of services; |
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(7) conduct biennial on-site audits at each center of: |
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(A) the ratio of direct care employees to |
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residents; |
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(B) the provision and adequacy of training to: |
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(i) center employees; and |
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(ii) direct care employees; and |
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(C) if the center serves alleged offender |
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residents, the provision of specialized training to direct care |
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employees; |
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(8) conduct an annual audit of each center's policies, |
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practices, and procedures to ensure that each resident and client |
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is encouraged to exercise the resident's or client's rights, |
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including: |
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(A) the right to file a complaint; and |
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(B) the right to due process; |
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(9) prepare and deliver an annual report regarding the |
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findings of each audit to the: |
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(A) executive commissioner; |
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(B) commissioner; |
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(C) Aging and Disability Services Council; |
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(D) governor; |
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(E) lieutenant governor; |
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(F) speaker of the house of representatives; |
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(G) standing committees of the senate and house |
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of representatives with primary jurisdiction over state supported |
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living centers; and |
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(H) state auditor; |
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(10) require a center to provide access to all |
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records, data, and other information under the control of the |
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center that the independent ombudsman determines is necessary to |
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investigate a complaint or to conduct an audit under this section; |
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(11) review all final reports produced by the |
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Department of Family and Protective Services, the regulatory |
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services division of the department, and the inspector general |
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regarding a complaint referred by the independent ombudsman; |
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(12) provide assistance to a resident, client, |
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authorized representative of a resident or client, or family member |
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of a resident or client who the independent ombudsman determines is |
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in need of assistance, including advocating with an agency, |
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provider, or other person in the best interests of the resident or |
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client; |
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(13) make appropriate referrals under any of the |
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duties and powers listed in this subsection; and |
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(14) monitor and evaluate the department's and the |
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relevant center's actions relating to any problem identified or |
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recommendation included in a report received from the Department of |
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Family and Protective Services relating to an investigation of |
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alleged abuse, neglect, or exploitation of a resident or client. |
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SECTION 5. Section 48.151(b), Human Resources Code, is |
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amended to read as follows: |
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(b) The executive commissioner of the Health and Human |
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Services Commission [department] shall adopt rules for conducting |
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investigations under this chapter. The rules must require the |
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department to review all relevant information, including the |
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person's personnel file if available, concerning a person alleged |
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to have abused, neglected, or exploited another person. |
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SECTION 6. Section 48.401(3), Human Resources Code, is |
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amended to read as follows: |
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(3) "Employee" means a person, including a physician |
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or nurse, who: |
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(A) works for an agency; and |
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(B) provides personal or health care services, |
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active treatment, or any other personal or health care services to |
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an individual receiving agency services or to an individual who is a |
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child for whom an investigation is authorized under Section |
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261.404, Family Code [; and
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[(C)
is not licensed by the state to perform the
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services the person performs for the agency]. |
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SECTION 7. Subchapter I, Chapter 48, Human Resources Code, |
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is amended by adding Section 48.4081 to read as follows: |
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Sec. 48.4081. NOTICE TO STATE LICENSING AGENCY. (a) |
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Notwithstanding Section 48.401(1), for purposes of this section, |
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"state licensing agency" means a department, commission, board, |
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office, or other agency of the state, created by the constitution or |
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a statute of this state, that issues an occupational license to or |
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otherwise regulates a person who practices or engages in an |
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occupation related to the provision of health care services. |
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(b) If the department in accordance with this chapter finds |
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that an employee of an agency has committed reportable conduct and |
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that employee is licensed by a state licensing agency to perform the |
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health care services the employee performs at the agency, the |
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department shall, in addition to forwarding its finding of |
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reportable conduct to the Department of Aging and Disability |
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Services for recording in the employee misconduct registry under |
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Section 253.007, Health and Safety Code, notify the state licensing |
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agency of the department's findings. |
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SECTION 8. Not later than January 1, 2014, the Health and |
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Human Services Commission shall establish the central database |
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required by Section 531.0142, Government Code, as added by this |
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Act. |
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SECTION 9. This Act takes effect September 1, 2013. |