Bill Text: TX SB1847 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to training requirements for certain individuals for inclusion in the nurse aide registry.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2021-05-11 - Referred to Human Services [SB1847 Detail]
Download: Texas-2021-SB1847-Engrossed.html
By: Powell, Alvarado | S.B. No. 1847 |
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relating to training requirements for certain individuals for | ||
inclusion in the nurse aide registry. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 250.001, Health and Safety Code, is | ||
amended by adding Subdivisions (6), (7), and (8) to read as follows: | ||
(6) "Commission" means the Health and Human Services | ||
Commission. | ||
(7) "Executive commissioner" means the executive | ||
commissioner of the commission. | ||
(8) "Nurse aide training program" means a nurse aide | ||
training and competency evaluation program that: | ||
(A) is approved by the commission to train and | ||
evaluate an individual's ability to work as a nurse aide in a | ||
facility; and | ||
(B) meets the requirements of Section | ||
250.0035(a). | ||
SECTION 2. Section 250.0035(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) To be listed on the nurse aide registry, an applicant | ||
must complete a nurse aide training program approved by the | ||
commission [ |
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includes: | ||
(1) not less than 100 hours of course work as specified | ||
by rule; and | ||
(2) a competency evaluation on completion of the | ||
training program. | ||
SECTION 3. Chapter 250, Health and Safety Code, is amended | ||
by adding Section 250.00351 to read as follows: | ||
Sec. 250.00351. TRAINING REQUIREMENTS FOR CERTAIN | ||
INDIVIDUALS; EXPEDITED TRAINING PROGRAM. (a) In this section, | ||
"temporary nurse aide" means an individual who performs nurse aide | ||
services under a waiver issued by the Centers for Medicare and | ||
Medicaid Services during the coronavirus disease (COVID-19) | ||
pandemic. | ||
(b) The commission shall develop a process that allows a | ||
temporary nurse aide to complete in an expedited manner a required | ||
nurse aide training program. In developing the process, the | ||
commission shall either: | ||
(1) seek a waiver from the Centers for Medicare and | ||
Medicaid Services under Subsection (c); or | ||
(2) develop an expedited nurse aide training program | ||
under Subsection (i). | ||
(c) The executive commissioner may seek a waiver from the | ||
Centers for Medicare and Medicaid Services that allows an | ||
individual in accordance with this section to partly or wholly | ||
satisfy the classroom training and clinical training hours required | ||
for completion of a nurse aide training program with classroom and | ||
clinical hours completed as a temporary nurse aide at a nursing | ||
facility licensed under Chapter 242. | ||
(d) An individual who works as a temporary nurse aide may | ||
substitute: | ||
(1) one hour of training accrued as a temporary nurse | ||
aide at a nursing facility for one hour of required classroom | ||
training through a nurse aide training program; | ||
(2) two hours of work experience accrued as a | ||
temporary nurse aide at a nursing facility for one hour of required | ||
classroom training through a nurse aide training program; and | ||
(3) one hour of work experience accrued as a temporary | ||
nurse aide at a nursing facility for one hour of required clinical | ||
training through a nurse aide training program. | ||
(e) A nursing facility shall document the number of hours of | ||
nurse aide training and work experience accrued by a temporary | ||
nurse aide at the facility and provide the documentation to that | ||
individual on request. | ||
(f) A nurse aide training program shall accept a nursing | ||
facility's documentation of the number of hours of training and | ||
work experience accrued by a temporary nurse aide at the facility | ||
and apply the documented hours toward the classroom training and | ||
clinical training hours required by the training program in | ||
accordance with Subsection (d). | ||
(g) If an individual does not accrue a sufficient number of | ||
training or work experience hours as a temporary nurse aide under | ||
Subsection (d) to satisfy the total number of classroom training | ||
and clinical training hours required to successfully complete the | ||
nurse aide training program, the individual must complete the | ||
remaining number of required hours through a nurse aide training | ||
program. | ||
(h) If an individual satisfies the total number of classroom | ||
training and clinical training hours prescribed by Section | ||
250.0035(a)(1) through training and work experience as a temporary | ||
nurse aide under Subsection (d) and any training and clinical hours | ||
completed under a nurse aide training program, a nurse aide | ||
training program shall allow the individual to sit for the | ||
competency evaluation required by Section 250.0035(a)(2). The | ||
commission shall list in the nurse aide registry under Section | ||
250.0035 each individual who passes the evaluation. | ||
(i) In lieu of seeking a waiver from the Centers for | ||
Medicare and Medicaid Services as provided by Subsection (c), the | ||
executive commissioner by rule may develop and implement a nurse | ||
aide training program that allows a temporary nurse aide to | ||
complete in an expedited manner a required nurse aide training | ||
program. | ||
SECTION 4. To the extent allowed by federal law, a nursing | ||
facility licensed under Chapter 242, Health and Safety Code, may | ||
continue to employ an individual who performed nurse aide services | ||
under a waiver issued by the Centers for Medicare and Medicaid | ||
Services during the coronavirus disease (COVID-19) pandemic on or | ||
before the effective date of this Act until the 60th day after the | ||
date the waiver expires. | ||
SECTION 5. 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, 2021. |