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A BILL TO BE ENTITLED
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AN ACT
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relating to hospital staffing report processes and to retaliation |
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and mandatory overtime protections for nurses; providing |
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administrative penalties. |
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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 amending Subsection (c) and adding Subsection (d) to |
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read as follows: |
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(c) The [To the extent possible, the] department shall |
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develop a mandatory reporting process to collect the data required |
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under Subsection (a) [as part of a survey required by the department |
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under other law]. |
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(d) The department shall provide the data reported under |
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Subsection (a) to the commission for enforcement purposes. |
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SECTION 3. Chapter 257, Health and Safety Code, is amended |
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by adding Section 257.006 to read as follows: |
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Sec. 257.006. PROHIBITED RETALIATION. (a) A hospital may |
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not retaliate against a nurse who provides information to the |
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committee or reports violations of this chapter to hospital |
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management or the commission. |
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(b) A violation of this section constitutes a violation of |
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Section 161.134, and a nurse may seek any appropriate remedy |
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provided by that section. |
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SECTION 4. Subtitle B, Title 4, Health and Safety Code, is |
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amended by adding Chapter 258A to read as follows: |
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CHAPTER 258A. ENFORCEMENT OF HOSPITAL NURSE STAFFING AND OVERTIME |
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REQUIREMENTS |
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Sec. 258A.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Executive commissioner" means the executive |
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commissioner of the commission. |
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Sec. 258A.002. REPORT OF VIOLATION. The commission shall: |
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(1) develop and maintain a web page accessible on the |
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commission's Internet website through which a nurse may report a |
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violation of Chapter 257 or 258; |
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(2) investigate each report of an alleged violation; |
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(3) develop procedures to notify a hospital of an |
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alleged violation and provide due process during an investigation; |
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and |
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(4) issue a corrective action plan and any appropriate |
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penalties under Section 258A.003. |
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Sec. 258A.003. ADMINISTRATIVE PENALTY. (a) The commission |
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in accordance with the authority granted under other law may impose |
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an administrative penalty on a hospital that: |
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(1) knowingly submits false information to the |
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Department of State Health Services under Section 257.005(a); or |
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(2) violates Chapter 257 or 258 or rules adopted under |
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those chapters. |
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(b) The executive commissioner by rule shall develop an |
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administrative penalty schedule for penalties imposed under this |
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section based on the impact of the violation on patient care, nurse |
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satisfaction, and the public interest. |
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(c) The attorney general may sue to collect the penalty. |
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SECTION 5. 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 6. This Act takes effect September 1, 2025. |