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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of inservice training on identifying |
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abuse, neglect, and illegal, unprofessional, and unethical conduct |
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in certain health care facilities and to civil and administrative |
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penalties assessed for violations of statutes or rules governing |
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chemical dependency treatment facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.133, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) The training required under Subsection (a) may be |
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provided: |
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(1) in person; or |
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(2) through a live, interactive, instructor-led, and |
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electronic method that uses synchronous audiovisual interaction |
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between the instructor and employees. |
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SECTION 2. Section 464.017(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person or facility is subject to a civil penalty of not |
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more than $25,000 for each day of violation and for each act of |
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violation of this subchapter or a rule adopted under this |
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subchapter. In determining the amount of the civil penalty, the |
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court shall consider: |
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(1) the person's or facility's previous violations; |
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(2) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(3) whether the health and safety of the public was |
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threatened by the violation; |
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(4) the demonstrated good faith of the person or |
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facility; [and] |
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(5) the amount necessary to deter future violations; |
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(6) the person's or facility's ability to pay the |
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penalty; and |
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(7) if the person's or facility's license is not |
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revoked under Section 464.014 because of the violation, the ability |
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of the person or facility to continue providing services under this |
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chapter after paying the penalty. |
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SECTION 3. Sections 464.019(c) and (s), Health and Safety |
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Code, are amended to read as follows: |
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(c) The amount of the penalty shall be based on: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of any prohibited acts, |
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and the hazard or potential hazard created to the health, safety, or |
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economic welfare of the public; |
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(2) enforcement costs relating to the violation; |
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(3) the history of previous violations; |
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(4) the amount necessary to deter future violations; |
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(5) efforts to correct the violation; [and] |
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(6) the person's ability to pay the penalty; |
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(7) if the person's license is not revoked under |
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Section 464.014 because of the violation, the person's ability to |
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continue providing services under this chapter after paying the |
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penalty; |
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(8) the degree of the person's culpability in causing |
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the violation; and |
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(9) any other matter that justice may require. |
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(s) The commission shall post on the commission's Internet |
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website current administrative penalty schedules applicable to a |
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person licensed or regulated under this chapter. The commission |
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shall ensure that the administrative penalties listed in the posted |
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schedules are accurate. The administrative penalty schedules must |
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consider the economic impact of an assessed penalty on a person |
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licensed or regulated under this chapter and the factors described |
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by Subsection (c). |
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SECTION 4. The changes in law made by this Act to Chapter |
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464, Health and Safety Code, apply only to a violation that occurs |
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on or after the effective date of this Act. A violation that |
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occurred before the effective date of this Act is governed by the |
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law in effect when the violation occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2025. |