87R5392 EAS-D     By: Campos H.B. No. 1221       A BILL TO BE ENTITLED   AN ACT   relating to communicable disease and infection prevention and   control measures for certain long-term care facilities;   authorizing an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 81.014, Health and Safety Code, is   amended to read as follows:          Sec. 81.014.  LONG-TERM CARE FACILITY INFECTION PREVENTION   AND CONTROL PROGRAMS [PROGRAM]. (a) Each long-term care facility   shall, with advice from and subject to the approval of a quality   assessment and assurance committee designated under Subsection   (c), establish and maintain an [facility's] infection prevention   and control program designed to:                (1)  provide to facility residents and staff a safe,   sanitary, and comfortable environment; and                (2)  help prevent the development and transmission of   communicable diseases and infections among facility residents and   staff.          (b)  A long-term care facility's infection prevention and   control program must include:                (1)  monitoring of key infectious agents, including   multidrug-resistant organisms; [and]                (2)  procedures for making rapid influenza diagnostic   tests available to facility residents and staff; and                (3)  procedures for ensuring that rapid antigen   COVID-19 viral tests are available to facility residents and staff   as needed.          (c)  Each long-term care facility shall designate a quality   assessment and assurance committee to approve and monitor the   facility's infection prevention and control program. The facility's   committee must include:                (1)  the facility's director of nursing or an   equivalent consultant with the facility;                (2)  the facility's medical director or the director's   designee;                (3)  not less than three members of the facility's   staff, at least one of whom must be a facility administrator, a   facility board member, or another individual in a leadership   position with the facility; and                (4)  the facility's primary infection preventionist   designated under Section 81.0145.          (d)  A long-term care facility's quality assessment and   assurance committee shall:                (1)  conduct an annual review of the facility's   infection prevention and control program and modify the program as   necessary; and                (2)  present the findings of each review conducted   under Subdivision (1) to facility staff and residents at annual   meetings that are open to the public.          (e)  A long-term care facility's primary infection   preventionist designated under Section 81.0145 shall:                (1)  with the assistance of the facility's secondary   infection preventionist designated under that section, implement   the facility's infection prevention and control program; and                (2)  submit regular reports to the facility's quality   assessment and assurance committee on the implementation of the   program.          SECTION 2.  Subchapter A, Chapter 81, Health and Safety   Code, is amended by adding Sections 81.0145 and 81.0146 to read as   follows:          Sec. 81.0145.  LONG-TERM CARE FACILITY INFECTION   PREVENTIONISTS. (a) Each long-term care facility shall designate   a primary and a secondary infection preventionist. The primary and   secondary infection preventionists must:                (1)  have professional training or other specialized   training in nursing, medical technology, microbiology, or another   related field;                (2)  have completed specialized training in infection   prevention and control;                (3)  work at least part-time at the facility; and                (4)  annually complete at least eight hours of training   approved by the commission related to infectious diseases and   vaccinations.          (b)  A long-term care facility's primary infection   preventionist and, under the direction of the primary infection   preventionist, secondary infection preventionist shall:                (1)  implement the facility's infection prevention and   control program in the manner described by Section 81.014;                (2)  serve as the facility's contact for the local   health department or health authority to notify the facility of a   potential exposure to a reportable disease at the facility;                (3)  notify the local health department or health   authority of a potential exposure to a reportable disease at the   facility not later than eight hours from the time of exposure;                (4)  notify staff, residents, and resident   representatives not later than 12 hours from the time a reportable   disease at the facility is verified;                (5)  investigate and evaluate incidents during which   facility residents or staff were or may have been exposed to a   communicable disease, using current evidence-based information on   the possible risks associated with exposure to the communicable   disease;                (6)  implement control measures to prevent the spread   of infection of a communicable disease among facility residents and   staff, including:                      (A)  immunization;                      (B)  detention;                      (C)  restrictions;                      (D)  disinfection;                      (E)  decontamination;                      (F)  isolation;                      (G)  quarantine;                      (H)  disinfestation;                      (I)  chemoprophylaxis;                      (J)  preventive therapy;                      (K)  prevention methods; and                      (L)  education;                (7)  in accordance with applicable law, monitor all   treatment provided to a facility resident or staff member who is   exposed to and as a result of that exposure infected with a   communicable disease at the facility;                (8)  maintain records of and respond in a timely   manner, as determined by the facility, to each communicable disease   complaint made by facility staff, residents, or resident   representatives;                (9)  as required by the executive commissioner, submit   to the department or the local health department or health   authority accurate information on the total number of cases of a   reportable disease among facility residents or staff; and                (10)  perform other duties for the facility as assigned   by the executive commissioner.          (c)  A primary or secondary infection preventionist may not   serve concurrently as an infection preventionist for more than   three long-term care facilities.          (d)  Each long-term care facility shall provide to the local   health department or health authority the names and qualifications   of the facility's primary and secondary infection preventionists.          Sec. 81.0146.  ADMINISTRATIVE PENALTY RELATED TO LONG-TERM   CARE FACILITY COMMUNICABLE DISEASE AND PREVENTION CONTROL   MEASURES. (a) The commission may impose an administrative penalty   against a long-term care facility that violates Section 81.014 or   81.0145 in an amount determined by the executive commissioner in   accordance with commission rules.          (b)  The amount of an administrative penalty imposed under   this section shall be based on:                (1)  the seriousness of the violation, including the   nature, circumstances, extent, and gravity of any prohibited acts,   and the hazard or potential hazard created to the health and safety   of facility residents and staff;                (2)  enforcement costs relating to the violation;                (3)  the history of previous violations;                (4)  the amount necessary to deter future violations;                (5)  efforts to correct the violation; and                (6)  any other matter that justice may require.          SECTION 3.  (a) As soon as practicable after the effective   date of this Act, each long-term care facility licensed under   Chapter 242, 247, or 252, Health and Safety Code, shall:                (1)  establish an infection prevention and control   program and designate a quality assessment and assurance committee   to approve the program as required by Section 81.014, Health and   Safety Code, as amended by this Act; and                (2)  designate a primary and a secondary infection   preventionist as required by Section 81.0145, Health and Safety   Code, as added by this Act.          (b)  As soon as practicable after the effective date of this   Act, the executive commissioner of the Health and Human Services   Commission shall adopt the rules necessary to implement the changes   in law made by this Act.          SECTION 4.  This Act takes effect September 1, 2021.