HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE G. PROVISION OF SERVICES IN CERTAIN FACILITIES

CHAPTER 326. STAFFING REQUIREMENTS FOR FACILITIES PROVIDING CARE TO PERSONS WITH ALZHEIMER'S DISEASE OR RELATED DISORDERS

Sec. 326.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Health and Human Services Commission.
(2)  "Facility" means:
(A)  a nursing facility licensed under Chapter 242;
(B)  a continuing care facility regulated under Chapter 246;
(C)  an assisted living facility licensed under Chapter 247;
(D)  a day activity and health services facility licensed under Chapter 103, Human Resources Code; 
(E)  an establishment subject to Chapter 105, Human Resources Code;
(F)  a community home qualified under Chapter 123, Human Resources Code; and
(G)  an adult foster care provider that contracts with the commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 16, eff. September 1, 2017.

Sec. 326.002.  WRITTEN POLICY REQUIRED.  A facility shall adopt, implement, and enforce a written policy that:
(1)  requires a facility employee who provides direct care to a person with Alzheimer's disease or a related disorder to successfully complete training in the provision of care to persons with Alzheimer's disease and related disorders; and
(2)  ensures the care and services provided by a facility employee to a person with Alzheimer's disease or a related disorder meet the specific identified needs of the person relating to the person's diagnosis of Alzheimer's disease or a related disorder.
Added by Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 16, eff. September 1, 2017.

Sec. 326.003.  ENFORCEMENT.  (a)  The commission may assess an administrative penalty against a facility for a violation of Section 326.002. 
(b)  The commission is not required to provide a facility an opportunity to correct a second or subsequent violation of Section 326.002 that occurs before the second anniversary of the date of the first violation.
(c)  A violation of Section 326.002 constitutes a violation of the law regulating a facility, and the commission may initiate for the violation any other enforcement action authorized by that law against the facility, including an adult foster care facility with three or fewer beds.
Added by Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 16, eff. September 1, 2017.

Sec. 326.004.  RULES.  The executive commissioner shall adopt rules related to the administration and implementation of this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 16, eff. September 1, 2017.