By: Schwertner S.B. No. 1609

(Kolkhorst, Naishtat)

A BILL TO BE ENTITLED

AN ACT

relating to the training of employees of certain covered entities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 181.101, Health and Safety Code, is amended to read as follows:

Sec. 181.101. TRAINING REQUIRED. (a) Each covered entity shall provide [a] training [program] to employees of the covered entity regarding the state and federal law concerning protected health information as necessary and appropriate for the employees to carry out the employees' duties for the covered entity [it relates to:

[(1) the covered entity's particular course of business; and

[(2) each employee's scope of employment].

(b) An employee of a covered entity must complete training described by Subsection (a) not later than the 90th [60th] day after the date the employee is hired by the covered entity.

(c) If the duties of an [An] employee of a covered entity are affected by a material change in state or federal law concerning protected health information, the employee shall receive training described by Subsection (a) within a reasonable period, but not later than the first anniversary of the date the material change in law takes effect [at least once every two years].

(d) A covered entity shall require an employee of the entity who receives [attends a] training [program] described by Subsection (a) to sign, electronically or in writing, a statement verifying the employee's completion of [attendance at the] training [program]. The covered entity shall maintain the signed statement until the sixth anniversary of the date the statement is signed.

SECTION 2. 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, 2013.