Bill Text: TX SB1212 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to verification of employability of and consent to prescription medications obtained by certain nursing facility employees; authorizing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-07 - Referred to Health & Human Services [SB1212 Detail]
Download: Texas-2019-SB1212-Introduced.html
86R8866 EAS-D | ||
By: Hancock | S.B. No. 1212 |
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relating to verification of employability of and consent to | ||
prescription medications obtained by certain nursing facility | ||
employees; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 411.1106(b), Government Code, is amended | ||
to read as follows: | ||
(b) The executive commissioner of the commission, or the | ||
executive commissioner's designee, is entitled to obtain from the | ||
department criminal history record information maintained by the | ||
department that relates to a person who is: | ||
(1) an applicant for employment for a position in | ||
which the person, as an employee, would have access to sensitive | ||
personal or financial information, as determined by the executive | ||
commissioner, in: | ||
(A) the eligibility services division of the | ||
commission; or | ||
(B) the commission's office of inspector | ||
general; [ |
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(2) an employee of the commission who has access to | ||
sensitive personal or financial information, as determined by the | ||
executive commissioner; or | ||
(3) a medication aide or nurse aide who is the subject | ||
of a verification of employability request submitted under Section | ||
242.053, Health and Safety Code. | ||
SECTION 2. Subchapter B, Chapter 242, Health and Safety | ||
Code, is amended by adding Section 242.053 to read as follows: | ||
Sec. 242.053. VERIFICATION OF EMPLOYABILITY OF CERTAIN | ||
FACILITY EMPLOYEES REQUIRED; FEE. (a) In this section: | ||
(1) "Medication aide" means an individual who | ||
administers medication to nursing facility residents and holds a | ||
permit issued under Section 242.610. | ||
(2) "Nurse aide" means an individual who provides | ||
nursing or nursing-related services to nursing facility residents | ||
under the delegated authority of a nurse. The term includes an | ||
individual who is required to be listed in the nurse aide registry | ||
under Chapter 250. The term does not include an individual licensed | ||
under Chapter 301, Occupations Code. | ||
(b) A nursing facility may not employ a medication aide or | ||
nurse aide or contract for medication aide or nurse aide services | ||
with a medication aide or nurse aide unless the facility obtains | ||
from the commission a verification of employability for the | ||
medication aide or nurse aide under this section. The executive | ||
commissioner by rule shall establish standards for verification of | ||
employability under this section as necessary to protect facility | ||
residents. | ||
(c) A nursing facility shall request, in the form and manner | ||
prescribed by commission rule, the commission to verify the | ||
employability of a medication aide or nurse aide who is applying for | ||
employment or requesting a contract with the facility. The | ||
commission may not verify the employability of a medication aide or | ||
nurse aide unless the commission obtains the criminal history | ||
record information described by Subdivision (2) for the medication | ||
aide or nurse aide and determines that nothing in the information | ||
would disqualify the individual from employment as a medication | ||
aide or nurse aide. In determining whether to verify the | ||
employability of a medication aide or nurse aide, the commission | ||
shall: | ||
(1) consider the information provided to the | ||
commission by the facility; | ||
(2) consider the information made available to the | ||
commission by the Department of Public Safety of the State of Texas | ||
under Section 411.1106, Government Code, or by the Federal Bureau | ||
of Investigation or another criminal justice agency under Section | ||
411.087, Government Code; | ||
(3) consider the commission's records, including any | ||
information included in a registry maintained by the commission; | ||
and | ||
(4) require the medication aide or nurse aide to | ||
submit a complete set of fingerprints to the commission for | ||
purposes of conducting a criminal history background check. | ||
(d) The commission may require a nursing facility | ||
requesting the commission to verify employability under Subsection | ||
(c) to pay to the commission a fee set by commission rule in an | ||
amount not to exceed the administrative costs the commission incurs | ||
in complying with a request under Subsection (c). | ||
SECTION 3. Section 242.505, Health and Safety Code, is | ||
amended by amending Subsection (c) and adding Subsections (g), (h), | ||
and (i) to read as follows: | ||
(c) Subject to Subsection (g), consent [ |
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prescription of psychoactive medication given by a resident or by a | ||
person authorized by law to consent on behalf of the resident is | ||
valid only if: | ||
(1) the consent is given voluntarily and without | ||
coercive or undue influence; | ||
(2) the person prescribing the medication or that | ||
person's designee provided the following information, in a standard | ||
format approved by the commission [ |
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and, if applicable, to the person authorized by law to consent on | ||
behalf of the resident: | ||
(A) the specific condition to be treated; | ||
(B) the beneficial effects on that condition | ||
expected from the medication; | ||
(C) the probable clinically significant side | ||
effects and risks associated with the medication; and | ||
(D) the proposed course of the medication; | ||
(3) the resident and, if appropriate, the person | ||
authorized by law to consent on behalf of the resident are informed | ||
in writing that consent may be revoked; and | ||
(4) the consent is evidenced in the resident's | ||
clinical record by: | ||
(A) a signed form prescribed by the facility or | ||
by a statement of the person prescribing the medication or that | ||
person's designee that documents that consent was given by the | ||
appropriate person and the circumstances under which the consent | ||
was obtained; and | ||
(B) if applicable, the original or a copy of the | ||
written consent required by Subsection (g). | ||
(g) In addition to the requirements of Subsection (c), | ||
consent to the prescription of an antipsychotic or neuroleptic | ||
medication is valid only if: | ||
(1) the consent to the prescription of that medication | ||
is given in writing by the resident for whom the medication is | ||
prescribed or by a person authorized by law to consent on behalf of | ||
the resident; and | ||
(2) the person prescribing the medication or that | ||
person's designee provides the information listed in Subsection | ||
(h), in a standard format approved by the commission, to the | ||
resident and, if applicable, to the person authorized by law to | ||
consent on behalf of the resident. | ||
(h) The information required under Subsection (g)(2) must | ||
include: | ||
(1) the nature of the medication; | ||
(2) the means of administering the medication, | ||
including: | ||
(A) the dosage; | ||
(B) the administration schedule; | ||
(C) the method of delivery; and | ||
(D) the expected duration of administration; | ||
(3) the right of the resident or a person authorized by | ||
law to consent on behalf of the resident to refuse medication; | ||
(4) the potential medical and clinical consequences of | ||
refusing the medication; and | ||
(5) an explanation of treatment alternatives and the | ||
right of the resident or a person authorized by law to consent on | ||
behalf of the resident to choose such treatments. | ||
(i) In addition to other requirements of this section, | ||
before administering an antipsychotic or neuroleptic medication, | ||
the nursing facility shall inform the resident or a person | ||
authorized by law to consent on behalf of the resident about | ||
facility policies and procedures relating to consent and, on | ||
request of the resident or authorized person, shall make available | ||
a written copy of those policies and procedures. | ||
SECTION 4. (a) As soon as practicable after the effective | ||
date of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules necessary to implement | ||
Section 242.053, Health and Safety Code, as added by this Act. | ||
(b) Notwithstanding Section 242.053, Health and Safety | ||
Code, as added by this Act, a nursing facility licensed under | ||
Chapter 242, Health and Safety Code, is not required to comply with | ||
that section or rules adopted under that section until January 1, | ||
2020. | ||
SECTION 5. Section 242.053, Health and Safety Code, as | ||
added by this Act, applies only to the employment of a medication | ||
aide or nurse aide or a contract entered into with a medication aide | ||
or nurse aide on or after the effective date of this Act. | ||
SECTION 6. This Act takes effect September 1, 2019. |