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A BILL TO BE ENTITLED
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AN ACT
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relating to state supported living centers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 555, Health and Safety |
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Code, is amended by adding Section 555.004 to read as follows: |
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Sec. 555.004. ADDITIONAL METHODS TO PROTECT RIGHTS OF |
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CENTER RESIDENTS AND CLIENTS. In addition to other methods |
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required by law, rule, or policy to protect the rights of residents |
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and clients in centers, the executive commissioner shall: |
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(1) develop formal methods to more fully educate |
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executives, administrators, supervisors, and direct care employees |
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of centers and residents, clients, and guardians on: |
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(A) the rights of residents and clients; |
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(B) the health and medical obligations and |
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responsibilities and the legal obligations and responsibilities |
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toward residents and clients of executives, administrators, and |
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direct care employees of centers; |
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(C) the categories and types of specific needs |
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and complex behavioral challenges of various populations of |
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residents and clients that may require additional attention and |
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specialized training, including: |
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(i) alleged criminal offenders, including |
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sexual offenders; |
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(ii) residents and clients living with |
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dementia; |
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(iii) aging or geriatric residents and |
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clients; and |
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(iv) adolescent residents and clients; |
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(D) the circumstances under which a resident's or |
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client's rights may be restricted, the circumstances under which a |
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resident's or client's rights may not be restricted, and the |
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processes and procedures that must be followed to restrict a right; |
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and |
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(E) the manner in which a person may file a |
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complaint; and |
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(2) specify processes and procedures, including the |
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use of flowcharts, that centers and direct care employees must use |
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and the specialized training direct care employees must receive to |
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ensure that centers comply fully with laws, rules, and policies |
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relating to: |
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(A) the rights of residents and clients; |
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(B) the circumstances under which a resident's or |
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client's rights may be restricted, the circumstances under which a |
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resident's or client's rights may not be restricted, and the |
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processes and procedures that must be followed to restrict a right; |
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(C) the categories and types of specific needs |
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and complex behavioral challenges of various populations of |
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residents and clients that may require additional attention and |
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specialized training, including: |
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(i) alleged criminal offenders, including |
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sexual offenders; |
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(ii) residents and clients living with |
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dementia; |
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(iii) aging or geriatric residents and |
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clients; and |
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(iv) adolescent residents and clients; and |
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(D) the manner in which a person may file a |
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complaint. |
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SECTION 2. Section 555.024, Health and Safety Code, is |
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amended by adding Subsections (d-1) and (f) to read as follows: |
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(d-1) In addition to the training provided to direct care |
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employees under Subsections (a), (c), and (d), each center shall |
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develop and implement additional initial and refresher specialized |
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training for all executives, administrators, supervisors, and |
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direct care employees to support populations of residents and |
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clients that may require additional attention and specialized |
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training, including: |
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(1) alleged criminal offenders, including sexual |
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offenders; |
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(2) residents and clients living with dementia; |
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(3) aging or geriatric residents and clients; and |
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(4) adolescent residents and clients. |
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(f) The executive commissioner by rule shall develop |
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standards for the training provided to executives, administrators, |
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supervisors, and direct care employees under this section, |
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including the length of the training and the manner in which the |
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training is provided. In developing standards relating to the |
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manner in which training is provided, the executive commissioner |
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shall ensure that the training is competency-based and, to the |
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extent possible, provided in an interactive manner such as on a |
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one-on-one basis, by a group discussion, or by a demonstration. |
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SECTION 3. The executive commissioner of the Health and |
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Human Services Commission shall comply with Section 555.004, Health |
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and Safety Code, as added by this Act, as soon as possible after the |
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effective date of this Act. |
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SECTION 4. (a) Not later than January 1, 2020, each state |
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supported living center shall develop and implement the additional |
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training required by Section 555.024(d-1), Health and Safety Code, |
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as added by this Act. Each state supported living center shall |
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ensure that each direct care employee receives the additional |
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training, regardless of when the employee was hired, not later than |
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September 1, 2020. |
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(b) Not later than January 1, 2020, the executive |
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commissioner of the Health and Human Services Commission shall |
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develop the training standards required by Section 555.024(f), |
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Health and Safety Code, as added by this Act. The executive |
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commissioner shall ensure that each state supported living center |
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implements the training standards as soon as possible. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |