HB 1669, Sen 2nd Rdg, Amnd #F1

Amend CSHB 1669 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Subchapter A, Chapter 555, Health and Safety Code, is amended by adding Section 555.004 to read as follows:

Sec. 555.004. ADDITIONAL METHODS TO PROTECT RIGHTS OF CENTER RESIDENTS AND CLIENTS. In addition to other methods required by law, rule, or policy to protect the rights of residents and clients in centers, the executive commissioner shall:

(1) develop formal methods to more fully educate executives, administrators, supervisors, and direct care employees of centers and residents, clients, and guardians on:

(A) the rights of residents and clients;

(B) the health and medical obligations and responsibilities and the legal obligations and responsibilities toward residents and clients of executives, administrators, and direct care employees of centers;

(C) the categories and types of specific needs and complex behavioral challenges of various populations of residents and clients that may require additional attention and specialized training, including:

(i) alleged criminal offenders, including sexual offenders;

(ii) residents and clients living with dementia;

(iii) aging or geriatric residents and clients; and

(iv) adolescent residents and clients;

(D) the circumstances under which a resident's or client's rights may be restricted, the circumstances under which a resident's or client's rights may not be restricted, and the processes and procedures that must be followed to restrict a right; and

(E) the manner in which a person may file a complaint; and

(2) specify processes and procedures, including the use of flowcharts, that centers and direct care employees must use and the specialized training direct care employees must receive to ensure that centers comply fully with laws, rules, and policies relating to:

(A) the rights of residents and clients;

(B) the circumstances under which a resident's or client's rights may be restricted, the circumstances under which a resident's or client's rights may not be restricted, and the processes and procedures that must be followed to restrict a right;

(i) alleged criminal offenders, including sexual offenders;

(ii) residents and clients living with dementia;

(iii) aging or geriatric residents and clients; and

(iv) adolescent residents and clients; and

(D) the manner in which a person may file a complaint.

SECTION ____. Section 555.024, Health and Safety Code, is amended by adding Subsections (d-1) and (f) to read as follows:

(d-1) In addition to the training provided to direct care employees under Subsections (a), (c), and (d), each center shall develop and implement additional initial and refresher specialized training for all executives, administrators, supervisors, and direct care employees to support populations of residents and clients that may require additional attention and specialized training, including:

(1) alleged criminal offenders, including sexual offenders;

(2) residents and clients living with dementia;

(3) aging or geriatric residents and clients; and

(4) adolescent residents and clients.

(f) The executive commissioner by rule shall develop standards for the training provided to executives, administrators, supervisors, and direct care employees under this section, including the length of the training and the manner in which the training is provided. In developing standards relating to the manner in which training is provided, the executive commissioner shall ensure that the training is competency-based and, to the extent possible, provided in an interactive manner such as on a one-on-one basis, by a group discussion, or by a demonstration.

SECTION ____. The executive commissioner of the Health and Human Services Commission shall comply with Section 555.004, Health and Safety Code, as added by this Act, as soon as possible after the effective date of this Act.

SECTION ____. (a) Not later than January 1, 2020, each state supported living center shall develop and implement the additional training required by Section 555.024(d-1), Health and Safety Code, as added by this Act. Each state supported living center shall ensure that each direct care employee receives the additional training, regardless of when the employee was hired, not later than September 1, 2020.

(b) Not later than January 1, 2020, the executive commissioner of the Health and Human Services Commission shall develop the training standards required by Section 555.024(f), Health and Safety Code, as added by this Act. The executive commissioner shall ensure that each state supported living center implements the training standards as soon as possible.

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