87R1490 GCB-F
 
  By: Lucio S.B. No. 1563
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to state supported living centers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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. In addition to other methods required by law,
  rule, or policy to protect the rights of residents in centers, the
  executive commissioner shall:
               (1)  develop formal methods to more fully educate
  executives, administrators, supervisors, and direct care
  professionals working at centers, residents of centers, guardians
  of those residents, and other actively involved persons on:
                     (A)  the rights of residents;
                     (B)  the health and medical obligations and
  responsibilities and the legal obligations and responsibilities
  toward residents of a center's executives, administrators,
  supervisors, and direct care professionals;
                     (C)  the types of specific needs and complex
  behavioral challenges of various populations of residents that may
  require additional support services, attention, and specialized
  training, including:
                           (i)  alleged criminal offenders, including
  sex offenders;
                           (ii)  residents living with dementia;
                           (iii)  residents living with trauma;
                           (iv)  aging or older residents; and
                           (v)  adolescent residents;
                     (D)  the circumstances under which a resident's or
  other person's rights may be restricted, the circumstances under
  which a resident's or other person's rights may not be restricted,
  and the processes and procedures that must be followed by the center
  and center staff to restrict a right; and
                     (E)  the manner in which a person may file a
  complaint;
               (2)  specify processes and procedures that center staff
  must follow, including the completed and documented training center
  staff must receive to ensure that centers fully comply with laws,
  rules, and policies relating to:
                     (A)  the rights of residents;
                     (B)  the circumstances under which a resident's or
  other person's rights may be restricted, the circumstances under
  which a resident's or other person's rights may not be restricted,
  and the processes and procedures that must be followed by the center
  and center staff to restrict a right;
                     (C)  the types of specific needs and complex
  behavioral challenges of various populations of residents that may
  require additional support services, attention, and specialized
  training, including:
                           (i)  alleged criminal offenders, including
  sex offenders;
                           (ii)  residents living with dementia;
                           (iii)  residents living with trauma;
                           (iv)  aging or older residents; and
                           (v)  adolescent residents; and
                     (D)  the manner in which a person may file a
  complaint; and
               (3)  establish formal practices, processes, and
  policies to implement statewide and local recruitment strategies
  for hiring direct care professionals, including the evaluation of
  recruiting practices for hiring center staff statewide and at each
  center and the development of action plans for when vacancy levels
  for direct care professional positions reach an established
  threshold, to ensure:
                     (A)  adequate staff coverage and an adequate ratio
  of direct care professionals to residents;
                     (B)  residents' protection and safety; and
                     (C)  residents' ability to exercise their rights.
         SECTION 2.  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 professionals to support populations of residents that
  may require additional support services, attention, and
  specialized training, including:
               (1)  alleged criminal offenders, including sex
  offenders;
               (2)  residents living with dementia;
               (3)  residents living with trauma;
               (4)  aging or older residents; and
               (5)  adolescent residents.
         (f)  The executive commissioner by rule shall develop
  standards for the training provided to executives, administrators,
  supervisors, and direct care professionals 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 person-centered thinking is used as a foundation
  for all training, and that all training is competency-based,
  trauma-informed, 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 3.  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 4.  (a)  Not later than January 1, 2022, 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 professional receives the additional
  training, regardless of when the professional was hired, not later
  than September 1, 2022.
         (b)  Not later than January 1, 2022, 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.
         SECTION 5.  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, 2021.