Bill Text: TX SB152 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the protection and care of persons who are elderly or disabled or who are children.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-06-14 - Effective immediately [SB152 Detail]
Download: Texas-2013-SB152-Enrolled.html
S.B. No. 152 |
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relating to the protection and care of persons who are elderly or | ||
disabled or who are children. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsection (b), Section 532.001, Health and | ||
Safety Code, is amended to read as follows: | ||
(b) The Department of Aging and Disability Services and the | ||
Department of State Health Services also include community services | ||
operated by those departments and the following facilities, as | ||
appropriate: | ||
(1) the central office of each department; | ||
(2) the Austin State Hospital; | ||
(3) the Big Spring State Hospital; | ||
(4) the Kerrville State Hospital; | ||
(5) the Rusk State Hospital; | ||
(6) the San Antonio State Hospital; | ||
(7) the Terrell State Hospital; | ||
(8) the North Texas State Hospital; | ||
(9) the Abilene State Supported Living Center; | ||
(10) the Austin State Supported Living Center; | ||
(11) the Brenham State Supported Living Center; | ||
(12) the Corpus Christi State Supported Living Center; | ||
(13) the Denton State Supported Living Center; | ||
(14) the Lubbock State Supported Living Center; | ||
(15) the Lufkin State Supported Living Center; | ||
(16) the Mexia State Supported Living Center; | ||
(17) the Richmond State Supported Living Center; | ||
(18) the San Angelo State Supported Living Center; | ||
(19) the San Antonio State Supported Living Center; | ||
(20) the El Paso State Supported Living Center; | ||
(21) the Rio Grande State Center; [ |
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(22) the Waco Center for Youth; and | ||
(23) the El Paso Psychiatric Center. | ||
SECTION 2. Subchapter A, Chapter 552, Health and Safety | ||
Code, is amended by adding Section 552.0011 to read as follows: | ||
Sec. 552.0011. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Health and Human Services | ||
Commission. | ||
(2) "Department" means the Department of State Health | ||
Services. | ||
(3) "Direct care employee" means a state hospital | ||
employee who provides direct delivery of services to a patient. | ||
(4) "Direct supervision" means supervision of the | ||
employee by the employee's supervisor with the supervisor | ||
physically present and providing the employee with direction and | ||
assistance while the employee performs his or her duties. | ||
(5) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(6) "Inspector general" means the Health and Human | ||
Services Commission's office of inspector general. | ||
(7) "Patient" means an individual who is receiving | ||
voluntary or involuntary mental health services at a state | ||
hospital. | ||
(8) "State hospital" means a hospital operated by the | ||
department primarily to provide inpatient care and treatment for | ||
persons with mental illness. | ||
SECTION 3. Chapter 552, Health and Safety Code, is amended | ||
by adding Subchapters C and D to read as follows: | ||
SUBCHAPTER C. POWERS AND DUTIES OF DEPARTMENT RELATING TO STATE | ||
HOSPITALS | ||
Sec. 552.051. REPORTS OF ILLEGAL DRUG USE; POLICY. The | ||
executive commissioner shall adopt a policy requiring a state | ||
hospital employee who knows or reasonably suspects that another | ||
state hospital employee is illegally using or under the influence | ||
of a controlled substance, as defined by Section 481.002, to report | ||
that knowledge or reasonable suspicion to the superintendent of the | ||
state hospital. | ||
Sec. 552.052. STATE HOSPITAL EMPLOYEE TRAINING. | ||
(a) Before a state hospital employee begins to perform the | ||
employee's duties without direct supervision, the department shall | ||
provide the employee with competency training and a course of | ||
instruction about the general duties of a state hospital employee. | ||
Upon completion of such training and instruction, the department | ||
shall evaluate the employee for competency. The department shall | ||
ensure the basic state hospital employee competency course focuses | ||
on: | ||
(1) the uniqueness of the individuals the state | ||
hospital employee serves; | ||
(2) techniques for improving quality of life for and | ||
promoting the health and safety of individuals with mental illness; | ||
and | ||
(3) the conduct expected of state hospital employees. | ||
(b) The department shall ensure the training required by | ||
Subsection (a) provides instruction and information regarding | ||
topics relevant to providing care for individuals with mental | ||
illness, including: | ||
(1) the general operation and layout of the state | ||
hospital at which the person is employed, including armed intruder | ||
lockdown procedures; | ||
(2) an introduction to mental illness; | ||
(3) an introduction to substance abuse; | ||
(4) an introduction to dual diagnosis; | ||
(5) the rights of individuals with mental illness who | ||
receive services from the department; | ||
(6) respecting personal choices made by patients; | ||
(7) the safe and proper use of restraints; | ||
(8) recognizing and reporting: | ||
(A) evidence of abuse, neglect, and exploitation | ||
of individuals with mental illness; | ||
(B) unusual incidents; | ||
(C) reasonable suspicion of illegal drug use in | ||
the workplace; | ||
(D) workplace violence; or | ||
(E) sexual harassment in the workplace; | ||
(9) preventing and treating infection; | ||
(10) first aid; | ||
(11) cardiopulmonary resuscitation; | ||
(12) the Health Insurance Portability and | ||
Accountability Act of 1996 (Pub. L. No. 104-191); and | ||
(13) the rights of state hospital employees. | ||
(c) In addition to the training required by Subsection (a) | ||
and before a direct care employee begins to perform the direct care | ||
employee's duties without direct supervision, the department shall | ||
provide the direct care employee with training and instructional | ||
information regarding implementation of the interdisciplinary | ||
treatment program for each patient for whom the direct care | ||
employee will provide direct care, including the following topics: | ||
(1) prevention and management of aggressive or violent | ||
behavior; | ||
(2) observing and reporting changes in behavior, | ||
appearance, or health of patients; | ||
(3) positive behavior support; | ||
(4) emergency response; | ||
(5) person-directed plans; | ||
(6) self-determination; and | ||
(7) trauma-informed care. | ||
(d) In addition to the training required by Subsection (c), | ||
the department shall provide, in accordance with the specialized | ||
needs of the population being served, a direct care employee with | ||
training and instructional information as necessary regarding: | ||
(1) seizure safety; | ||
(2) techniques for: | ||
(A) lifting; | ||
(B) positioning; and | ||
(C) movement and mobility; | ||
(3) working with aging patients; | ||
(4) assisting patients: | ||
(A) who have a visual impairment; | ||
(B) who have a hearing deficit; or | ||
(C) who require the use of adaptive devices and | ||
specialized equipment; | ||
(5) communicating with patients who use augmentative | ||
and alternative devices for communication; | ||
(6) assisting patients with personal hygiene; | ||
(7) recognizing appropriate food textures; | ||
(8) using proper feeding techniques to assist patients | ||
with meals; and | ||
(9) physical and nutritional management plans. | ||
(e) The executive commissioner shall adopt rules that | ||
require a state hospital to provide refresher training courses to | ||
employees at least annually, unless the department determines in | ||
good faith and with good reason a particular employee's performance | ||
will not be adversely affected in the absence of such refresher | ||
training. | ||
Sec. 552.053. INFORMATION MANAGEMENT, REPORTING, AND | ||
TRACKING SYSTEM. The department shall develop an information | ||
management, reporting, and tracking system for each state hospital | ||
to provide the department with information necessary to monitor | ||
serious allegations of abuse, neglect, or exploitation. | ||
Sec. 552.054. RISK ASSESSMENT PROTOCOLS. The department | ||
shall develop risk assessment protocols for state hospital | ||
employees for use in identifying and assessing possible instances | ||
of abuse or neglect. | ||
SUBCHAPTER D. INSPECTOR GENERAL DUTIES | ||
Sec. 552.101. ASSISTING LAW ENFORCEMENT AGENCIES WITH | ||
CERTAIN INVESTIGATIONS. The inspector general shall employ and | ||
commission peace officers for the purpose of assisting a state or | ||
local law enforcement agency in the investigation of an alleged | ||
criminal offense involving a patient of a state hospital. A peace | ||
officer employed and commissioned by the inspector general is a | ||
peace officer for purposes of Article 2.12, Code of Criminal | ||
Procedure. | ||
Sec. 552.102. SUMMARY REPORT. (a) The inspector general | ||
shall prepare a summary report for each investigation conducted | ||
with the assistance of the inspector general under this subchapter. | ||
The inspector general shall ensure that the report does not contain | ||
personally identifiable information of an individual mentioned in | ||
the report. | ||
(b) The summary report must include: | ||
(1) a summary of the activities performed during an | ||
investigation for which the inspector general provided assistance; | ||
(2) a statement regarding whether the investigation | ||
resulted in a finding that an alleged criminal offense was | ||
committed; and | ||
(3) a description of the alleged criminal offense that | ||
was committed. | ||
(c) The inspector general shall deliver the summary report | ||
to the: | ||
(1) executive commissioner; | ||
(2) commissioner of state health services; | ||
(3) commissioner of the Department of Family and | ||
Protective Services; | ||
(4) State Health Services Council; | ||
(5) governor; | ||
(6) lieutenant governor; | ||
(7) speaker of the house of representatives; | ||
(8) standing committees of the senate and house of | ||
representatives with primary jurisdiction over state hospitals; | ||
(9) state auditor; and | ||
(10) alleged victim or the alleged victim's legally | ||
authorized representative. | ||
(d) A summary report regarding an investigation is subject | ||
to required disclosure under Chapter 552, Government Code. All | ||
information and materials compiled by the inspector general in | ||
connection with an investigation are confidential, not subject to | ||
disclosure under Chapter 552, Government Code, and not subject to | ||
disclosure, discovery, subpoena, or other means of legal compulsion | ||
for their release to anyone other than the inspector general or the | ||
inspector general's employees or agents involved in the | ||
investigation, except that this information may be disclosed to the | ||
Department of Family and Protective Services, the office of the | ||
attorney general, the state auditor's office, and law enforcement | ||
agencies. | ||
Sec. 552.103. ANNUAL STATUS REPORT. (a) The inspector | ||
general shall prepare an annual status report of the inspector | ||
general's activities under this subchapter. The annual report may | ||
not contain personally identifiable information of an individual | ||
mentioned in the report. | ||
(b) The annual status report must include information that | ||
is aggregated and disaggregated by individual state hospital | ||
regarding: | ||
(1) the number and type of investigations conducted | ||
with the assistance of the inspector general; | ||
(2) the number and type of investigations involving a | ||
state hospital employee; | ||
(3) the relationship of an alleged victim to an | ||
alleged perpetrator, if any; | ||
(4) the number of investigations conducted that | ||
involve the suicide, death, or hospitalization of an alleged | ||
victim; and | ||
(5) the number of completed investigations in which | ||
commission of an alleged offense was confirmed or unsubstantiated | ||
or in which the investigation was inconclusive, and a description | ||
of the reason that allegations were unsubstantiated or the | ||
investigation was inconclusive. | ||
(c) The inspector general shall submit the annual status | ||
report to the: | ||
(1) executive commissioner; | ||
(2) commissioner of state health services; | ||
(3) commissioner of the Department of Family and | ||
Protective Services; | ||
(4) State Health Services Council; | ||
(5) Family and Protective Services Council; | ||
(6) governor; | ||
(7) lieutenant governor; | ||
(8) speaker of the house of representatives; | ||
(9) standing committees of the senate and house of | ||
representatives with primary jurisdiction over state hospitals; | ||
(10) state auditor; and | ||
(11) comptroller. | ||
(d) An annual status report submitted under this section is | ||
public information under Chapter 552, Government Code. | ||
Sec. 552.104. RETALIATION PROHIBITED. The department or a | ||
state hospital may not retaliate against a department employee, a | ||
state hospital employee, or any other person who in good faith | ||
cooperates with the inspector general under this subchapter. | ||
SECTION 4. Section 261.101, Family Code, is amended by | ||
adding Subsection (b-1) and amending Subsection (c) to read as | ||
follows: | ||
(b-1) In addition to the duty to make a report under | ||
Subsection (a) or (b), a person or professional shall make a report | ||
in the manner required by Subsection (a) or (b), as applicable, if | ||
the person or professional has cause to believe that an adult was a | ||
victim of abuse or neglect as a child and the person or professional | ||
determines in good faith that disclosure of the information is | ||
necessary to protect the health and safety of: | ||
(1) another child; or | ||
(2) an elderly or disabled person as defined by | ||
Section 48.002, Human Resources Code. | ||
(c) The requirement to report under this section applies | ||
without exception to an individual whose personal communications | ||
may otherwise be privileged, including an attorney, a member of the | ||
clergy, a medical practitioner, a social worker, a mental health | ||
professional, an employee or member of a board that licenses or | ||
certifies a professional, and an employee of a clinic or health care | ||
facility that provides reproductive services. | ||
SECTION 5. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.1103 to read as follows: | ||
Sec. 411.1103. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES. (a) The | ||
Department of State Health Services is entitled to obtain from the | ||
department criminal history record information maintained by the | ||
department that relates to a person: | ||
(1) who is: | ||
(A) an applicant for employment at a state | ||
hospital; | ||
(B) an employee of a state hospital; | ||
(C) a person who contracts or may contract to | ||
provide goods or services to the Department of State Health | ||
Services at a state hospital or an employee of or applicant for | ||
employment with that person; | ||
(D) a volunteer with a state hospital; or | ||
(E) an applicant for a volunteer position with a | ||
state hospital; and | ||
(2) who would be placed in direct contact with a | ||
patient at a state hospital. | ||
(b) Criminal history record information obtained by the | ||
Department of State Health Services under this section may not be | ||
released or disclosed to any person except: | ||
(1) on court order; | ||
(2) with the consent of the person who is the subject | ||
of the criminal history record information; | ||
(3) for purposes of an administrative hearing held by | ||
the Department of State Health Services concerning the person who | ||
is the subject of the criminal history record information; or | ||
(4) as provided by Subsection (c). | ||
(c) The Department of State Health Services is not | ||
prohibited from releasing criminal history record information | ||
obtained under this section to the person who is the subject of the | ||
criminal history record information. | ||
(d) Subject to Section 411.087, the Department of State | ||
Health Services is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from any other criminal justice agency in | ||
this state criminal history record information maintained by that | ||
criminal justice agency that relates to a person described by | ||
Subsection (a). | ||
(e) This section does not prohibit the Department of State | ||
Health Services from obtaining and using criminal history record | ||
information as provided by other law. | ||
SECTION 6. Subsection (c), Section 48.051, Human Resources | ||
Code, is amended to read as follows: | ||
(c) The duty imposed by Subsections (a) and (b) applies | ||
without exception to a person whose knowledge concerning possible | ||
abuse, neglect, or exploitation is obtained during the scope of the | ||
person's employment or whose professional communications are | ||
generally confidential, including an attorney, clergy member, | ||
medical practitioner, social worker, employee or member of a board | ||
that licenses or certifies a professional, and mental health | ||
professional. | ||
SECTION 7. Section 552.011, Health and Safety Code, is | ||
repealed. | ||
SECTION 8. Not later than December 1, 2013, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt rules necessary to implement Subchapter C, Chapter 552, | ||
Health and Safety Code, as added by this Act. | ||
SECTION 9. (a) Not later than May 1, 2014, the Health and | ||
Human Services Commission's office of inspector general shall begin | ||
employing and commissioning peace officers as required by Section | ||
552.101, Health and Safety Code, as added by this Act. | ||
(b) Not later than January 1, 2014, the Department of State | ||
Health Services shall develop the training required by Section | ||
552.052, Health and Safety Code, as added by this Act. | ||
(c) The Department of State Health Services shall ensure | ||
that each state hospital employee receives the training required by | ||
Section 552.052, Health and Safety Code, as added by this Act, | ||
regardless of when the employee was hired, not later than September | ||
1, 2014. | ||
SECTION 10. Section 411.1103, Government Code, as added by | ||
this Act, applies only to background and criminal history checks | ||
performed on or after the effective date of this Act. | ||
SECTION 11. If before implementing any provision of this | ||
Act a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 12. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 152 passed the Senate on | ||
April 2, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 152 passed the House on | ||
May 16, 2013, by the following vote: Yeas 142, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |