S.B. No. 152
 
 
 
 
AN ACT
  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; [and]
               (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