89R9353 LRM-D
 
  By: Lalani H.B. No. 2640
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to medical director certification and training
  requirements at certain nursing facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 242, Health and Safety
  Code, is amended by adding Section 242.0155 to read as follows:
         Sec. 242.0155.  MEDICAL DIRECTOR CERTIFICATION AND TRAINING
  REQUIRED. (a)  A medical director who is subject to the
  requirements of Section 242.151(a)(2) must possess a medical
  director certification from the Post-Acute and Long-Term Care
  Medical Association or an equivalent certification, as determined
  by commission rule.
         (b)  A medical director who is subject to the requirements of
  Section 242.151(a)(2) shall complete a medical director training
  course developed by the commission that includes instruction on:
               (1)  compliance with applicable local, state, and
  federal laws;
               (2)  quality improvement processes;
               (3)  infection control protocols; and
               (4)  resident care management techniques.
         SECTION 2.  Section 242.151, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  An institution shall have at least one medical director
  who:
               (1)  is licensed as a physician in this state; and
               (2)  subject to Subsection (a-1), possesses the medical
  director certification required under Section 242.0155 and has
  completed the training course required under that section.
         (a-1)  Notwithstanding Subsection (a)(2), an institution is
  not required to have a medical director who is certified under
  Section 242.0155 if the institution:
               (1)  is located in a medically underserved rural area,
  as defined by commission rule; and
               (2)  demonstrates a good faith effort to comply with
  Subsection (a)(2) but is unable to successfully recruit a medical
  director who complies with that subsection.
         SECTION 3.  Not later than January 1, 2026, the executive
  commissioner of the Health and Human Services Commission shall:
               (1)  adopt the rules necessary to implement Section
  242.0155, Health and Safety Code, as added by this Act, and Section
  242.151, Health and Safety Code, as amended by this Act; and
               (2)  develop the medical director training course
  required by Section 242.0155(b), Health and Safety Code, as added
  by this Act.
         SECTION 4.  The requirements of Section 242.0155, Health and
  Safety Code, as added by this Act, and Section 242.151, Health and
  Safety Code, as amended by this Act, apply only to a medical
  director hired on or after March 1, 2026.  A medical director hired
  before March 1, 2026, is governed by the law as it existed
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2025.