BILL ANALYSIS

Senate Research Center	S.B. 1692
	By: Miles
	Health & Human Services
	6/8/2021
	Enrolled

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, certified dialysis patient care technicians are permitted to perform dialysis in a licensed end stage renal disease facility (ESRD) or dialysis centers so long as a registered nurse (RN) is providing direct supervision. However, Texas law does not allow certified dialysis technicians to work in nursing homes or skilled nursing facilities. This causes labor costs to be higher due to the need for registered nurses to perform the dialysis. These types of facilities may have multiple residents requiring hemodialysis at any given time, and allowing technicians to participate in their care, consistent with current RN and technician scope of practice and supervision rules, would make "at-home" dialysis treatment more available to them, rather than sending them outside their facility for dialysis.

S.B. 1692 would address this inconsistency in law, by applying the existing ESRD rules regarding the use of dialysis technicians to the nursing home dialysis setting. The bill would allow dialysis patient care technicians to work under direct supervision of an RN, similar to the outpatient dialysis clinic setting.

(Original Author's / Sponsor's Statement of Intent)

S.B. 1692 amends current law relating to the provision of home dialysis care by a dialysis technician.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 2 of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter C, Chapter 251, Health and Safety Code, by adding Section 251.033, as follows:

Sec. 251.033.� PROVISION OF HOME DIALYSIS CARE IN NURSING FACILITIES.� (a) Authorizes a dialysis technician to provide home dialysis care in a nursing facility, including hemodialysis, only if:

(1)  the care is provided under the personal supervision of a registered nurse who is:

(A)  in compliance with all Health and Human Services Commission (HHSC) rules under 26 T.A.C. Section 558.405 regarding training and competency for registered nurses to provide care at end stage renal disease facilities; and

(B)  employed by the same entity that employs the dialysis technician; and

(2)  the dialysis technician has complied with all HHSC rules regarding training and competency for dialysis technicians.

(b) Defines "personal supervision."

SECTION 2. Requires the executive commissioner of HHSC, as soon as practicable after the effective date of this Act, to adopt rules necessary to implement Section 251.033, Health and Safety Code, as added by this Act.

SECTION 3. Effective date: September 1, 2021.