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A BILL TO BE ENTITLED
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AN ACT
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relating to hospital staffing report and complaint processes and to |
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retaliation and mandatory overtime protections for nurses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 257.001, Health and Safety Code, is |
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amended by amending Subdivision (1) and adding Subdivision (1-a) to |
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read as follows: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(1-a) "Committee" means a nurse staffing committee |
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required by this chapter. |
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SECTION 2. Section 257.005, Health and Safety Code, is |
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amended by adding Subsections (a-1) and (d) to read as follows: |
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(a-1) The chief nursing officer of each hospital shall |
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attest to the accuracy of information reported under Subsection |
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(a). |
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(d) The department shall provide the information reported |
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under Subsection (a) to the commission. |
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SECTION 3. Chapter 257, Health and Safety Code, is amended |
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by adding Sections 257.006 and 257.007 to read as follows: |
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Sec. 257.006. PROHIBITED RETALIATION. A hospital may not |
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retaliate against a nurse who provides information to the committee |
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or reports violations of this chapter to hospital management or the |
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commission. |
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Sec. 257.007. ENFORCEMENT; COMPLAINT RESOLUTION. (a) The |
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commission shall enforce this chapter in accordance with: |
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(1) Subchapter C, Chapter 241, against a hospital |
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licensed under that chapter as if the hospital violated that |
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chapter; |
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(2) Chapter 577 and rules adopted under Sections |
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577.010 and 577.013, against a hospital licensed under Chapter 577 |
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as if the hospital violated that chapter; and |
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(3) rules adopted under Section 241.026(a). |
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(b) The commission shall establish a process to provide |
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prompt review and timely resolution of each complaint submitted |
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under this chapter. The commission must: |
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(1) develop a procedure, or designate an existing |
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procedure, through which a party may submit a written or verbal |
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complaint; |
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(2) establish a time to review and respond to the |
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complaint; and |
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(3) provide the complainant written notice of the |
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commission's decision regarding the complaint, including: |
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(A) the contact information of the commission |
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employee responsible for the complaint; |
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(B) commission actions in reviewing, evaluating, |
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or investigating the complaint; |
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(C) the results of the commission's review of the |
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complaint; |
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(D) for each reviewed complaint for which an |
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investigation is not conducted, an explanation of the reason the |
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commission resolved the complaint without investigation; and |
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(E) the date the complaint is resolved. |
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(c) All information and materials in the possession of or |
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obtained or compiled by the commission in connection with a |
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complaint and investigation are confidential and not subject to |
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disclosure in accordance with: |
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(1) Section 241.051(d) for a complaint submitted |
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against a hospital licensed under Chapter 241; or |
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(2) Section 577.013(e) for a complaint submitted |
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against a hospital licensed under Chapter 577. |
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SECTION 4. Section 258.001, Health and Safety Code, is |
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amended by amending Subdivision (1) and adding Subdivision (1-a) to |
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read as follows: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(1-a) "Hospital" means: |
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(A) a general hospital or special hospital, as |
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those terms are defined by Section 241.003, including a hospital |
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maintained or operated by this state; or |
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(B) a mental hospital licensed under Chapter 577. |
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SECTION 5. Section 258.005, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 258.005. RETALIATION PROHIBITED. A hospital may not |
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suspend, terminate, or otherwise discipline or discriminate |
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against a nurse who refuses to work mandatory overtime or reports |
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violations of this chapter to hospital management or the |
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commission. |
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SECTION 6. Chapter 258, Health and Safety Code, is amended |
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by adding Section 258.006 to read as follows: |
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Sec. 258.006. ENFORCEMENT; COMPLAINT RESOLUTION. (a) The |
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|
commission shall enforce this chapter in accordance with: |
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|
(1) Subchapter C, Chapter 241, against a hospital |
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|
licensed under that chapter as if the hospital violated that |
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|
chapter; |
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|
(2) Chapter 577 and rules adopted under Sections |
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577.010 and 577.013, against a hospital licensed under Chapter 577 |
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as if the hospital violated that chapter; and |
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(3) rules adopted under Section 241.026(a). |
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(b) The commission shall establish a process to provide |
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|
prompt review and timely resolution of each complaint submitted |
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|
under this chapter. The commission must: |
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|
(1) develop a procedure, or designate an existing |
|
|
procedure, through which a party may submit a written or verbal |
|
|
complaint; |
|
|
(2) establish a time to review and respond to the |
|
|
complaint; and |
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|
(3) provide the complainant written notice of the |
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|
commission's decision regarding the complaint, including: |
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(A) the contact information of the commission |
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employee responsible for the complaint; |
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(B) commission actions in reviewing, evaluating, |
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or investigating the complaint; |
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(C) the results of the commission's review of the |
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complaint; |
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(D) for each reviewed complaint for which an |
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investigation is not conducted, an explanation of the reason the |
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commission resolved the complaint without investigation; and |
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(E) the date the complaint is resolved. |
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(c) All information and materials in the possession of or |
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obtained or compiled by the commission in connection with a |
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complaint and investigation are confidential and not subject to |
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disclosure in accordance with: |
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(1) Section 241.051(d) for a complaint submitted |
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against a hospital licensed under Chapter 241; or |
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(2) Section 577.013(e) for a complaint submitted |
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against a hospital licensed under Chapter 577. |
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SECTION 7. Not later than December 31, 2025, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt any rules necessary to implement the changes in law made by |
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this Act. |
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SECTION 8. This Act takes effect September 1, 2025. |