Bill Text: TX HB1673 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to training requirements for staff members of certain assisted living facilities that provide care to persons with Alzheimer's disease and related disorders.
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB1673 Detail]
Download: Texas-2023-HB1673-Comm_Sub.html
Bill Title: Relating to training requirements for staff members of certain assisted living facilities that provide care to persons with Alzheimer's disease and related disorders.
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB1673 Detail]
Download: Texas-2023-HB1673-Comm_Sub.html
By: Capriglione, et al. (Senate Sponsor - Johnson) | H.B. No. 1673 | |
(In the Senate - Received from the House May 1, 2023; | ||
May 1, 2023, read first time and referred to Committee on Health & | ||
Human Services; May 19, 2023, reported favorably by the following | ||
vote: Yeas 8, Nays 0; May 19, 2023, sent to printer.) | ||
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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. | ||
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