By: Capriglione, Rose, Thompson of Brazoria, H.B. No. 1673
      Lalani
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to training requirements for staff members of certain
  assisted living facilities that provide care to persons with
  Alzheimer's disease and related disorders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 247, Health and Safety
  Code, is amended by adding Section 247.0291 to read as follows:
         Sec. 247.0291.  TRAINING REQUIREMENTS FOR STAFF MEMBERS OF
  ASSISTED LIVING FACILITIES PROVIDING CARE TO RESIDENTS WITH
  ALZHEIMER'S DISEASE OR RELATED DISORDERS. (a) In this section:
               (1)  "Assisted living manager" means an individual who
  is in a senior personnel position at an assisted living facility,
  including a facility administrator or manager who directly
  supervises direct service staff members.
               (2)  "Direct service staff member" means a staff member
  whose work involves extensive contact with residents, including a
  certified nursing assistant, nurse aide, personal care assistant,
  home health or personal care aide, licensed practical nurse,
  licensed vocational nurse, registered nurse, social worker,
  activity director, licensed dietitian, physician assistant, nurse
  practitioner, physical therapist, speech language pathologist, and
  occupational therapist.
               (3)  "Staff member" means a full- or part-time employee
  of an assisted living facility.
         (b)  This section applies only to an assisted living facility
  that:
               (1)  provides personal care services to residents with
  Alzheimer's disease or related disorders; and
               (2)  does not hold a license classified under Section
  247.029 to provide those services.
         (c)  An assisted living facility shall require each facility
  staff member to complete training on Alzheimer's disease and
  related disorders in accordance with this section. Training hours
  completed by a staff member under this section may be credited
  toward any applicable training requirements the executive
  commissioner prescribes for assisted living facility managers or
  employees.
         (d)  An assisted living facility shall require each direct
  service staff member to successfully complete four hours of
  training and pass a competency-based evaluation on:
               (1)  Alzheimer's disease and related disorders;
               (2)  the provision of person-centered care;
               (3)  assessment and care planning;
               (4)  daily life activities of residents with
  Alzheimer's disease or related disorders; and
               (5)  common behaviors and communications associated
  with residents with Alzheimer's disease and related disorders.
         (e)  A direct service staff member may not provide any direct
  care to a resident with Alzheimer's disease or related disorders
  until the staff member successfully completes the training and
  passes the evaluation required under Subsection (d).
         (f)  An assisted living facility shall require each assisted
  living manager employed by the facility to successfully complete
  four hours of training and pass a competency-based evaluation on:
               (1)  the topics listed under Subsection (d);
               (2)  administrative support services related to
  information for comorbidities management, care planning, and the
  provision of medically appropriate education and support services
  and resources in the community, including person-centered care, to
  residents with Alzheimer's disease or related disorders and their
  families;
               (3)  staffing requirements to facilitate collaboration
  and cooperation among facility staff members and to ensure each
  staff member obtains appropriate informational materials and
  training to properly care for and interact with residents with
  Alzheimer's disease or related disorders based on the staff
  member's position;
               (4)  the establishment of a supportive and therapeutic
  environment for residents with Alzheimer's disease or related
  disorders to enhance the sense of community among the residents and
  within the facility; and
               (5)  the transition of care and coordination of
  services for residents with Alzheimer's disease or related
  disorders.
         (g)  An assisted living facility shall require each staff
  member who is not required to complete the training or pass the
  evaluation under Subsection (d) or (f), including housekeeping
  staff, front desk staff, maintenance staff, and other staff members
  with incidental but recurring contact with residents with
  Alzheimer's disease or related disorders, to successfully complete
  training and pass a competency-based evaluation on the topics
  listed under Subsections (d)(1), (2), and (5).
         (h)  An assisted living facility shall provide a certificate
  of completion to and maintain records of each certificate, in
  accordance with applicable records retention policies the
  commission prescribes, for each staff member who successfully
  completes the training and passes the evaluation required under
  Subsection (d), (f), or (g).
         (i)  Each direct service staff member and assisted living
  manager who successfully completes the training and passes the
  evaluation required under Subsection (d) or (f) must annually
  complete two hours of continuing education on best practices
  related to the treatment of and provision of care to residents with
  Alzheimer's disease or related disorders.
         (j)  Except as provided by Subsection (k), an assisted living
  facility staff member who successfully completes the training and
  passes the evaluation required under Subsection (d), (f), or (g)
  and who transfers to another facility is not required to complete
  those requirements for the other facility.
         (k)  An assisted living facility may require a staff member
  who has had a lapse of employment with facilities to which this
  section applies for a period of two years or more to successfully
  complete the training and pass the evaluation required under
  Subsection (d), (f), or (g) even if the staff member previously
  completed those requirements.
         (l)  Each assisted living facility staff member who
  successfully completes the training, including continuing
  education requirements, and passes an evaluation required under
  this section must maintain documentation regarding the training and
  evaluation.
         (m)  The executive commissioner shall adopt rules necessary
  to implement this section.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt any rules necessary to implement
  the changes in law made by this Act.
         SECTION 3.  Notwithstanding Section 247.0291, Health and
  Safety Code, as added by this Act, an assisted living facility staff
  member to which that section applies is not required to complete the
  training or pass the competency-based evaluation required under
  that section until December 31, 2024.
         SECTION 4.  This Act takes effect September 1, 2023.