bill making hospital nurse staffing reports mandatory

The text as introduced · 503 words

89R8277 KRM-F

By: Perry
S.B. No. 2356

A BILL TO BE ENTITLED

AN ACT

relating to hospital staffing report processes and to retaliation

and mandatory overtime protections for nurses; providing

administrative penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 257.001, Health and Safety Code, is

amended by amending Subdivision (1) and adding Subdivision (1-a) to

read as follows:

(1) "Commission" means the Health and Human Services

Commission.

(1-a) "Committee" means a nurse staffing committee

required by this chapter.

SECTION 2. Section 257.005, Health and Safety Code, is

amended by amending Subsection (c) and adding Subsection (d) to

read as follows:

(c) The [ To the extent possible, the ] department shall

develop a mandatory reporting process to collect the data required

under Subsection (a) [ as part of a survey required by the department

under other law ].

(d) The department shall provide the data reported under

Subsection (a) to the commission for enforcement purposes.

SECTION 3. Chapter 257, Health and Safety Code, is amended

by adding Section 257.006 to read as follows:

Sec. 257.006. PROHIBITED RETALIATION. (a) A hospital may

not retaliate against a nurse who provides information to the

committee or reports violations of this chapter to hospital

management or the commission.

(b) A violation of this section constitutes a violation of

Section 161.134, and a nurse may seek any appropriate remedy

provided by that section.

SECTION 4. Subtitle B, Title 4, Health and Safety Code, is

amended by adding Chapter 258A to read as follows:

CHAPTER 258A. ENFORCEMENT OF HOSPITAL NURSE STAFFING AND OVERTIME

REQUIREMENTS

Sec. 258A.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Health and Human Services

Commission.

(2) "Executive commissioner" means the executive

commissioner of the commission.

Sec. 258A.002. REPORT OF VIOLATION. The commission shall:

(1) develop and maintain a web page accessible on the

commission's Internet website through which a nurse may report a

violation of Chapter 257 or 258;

(2) investigate each report of an alleged violation;

(3) develop procedures to notify a hospital of an

alleged violation and provide due process during an investigation;

and

(4) issue a corrective action plan and any appropriate

penalties under Section 258A.003.

Sec. 258A.003. ADMINISTRATIVE PENALTY. (a) The commission

in accordance with the authority granted under other law may impose

an administrative penalty on a hospital that:

(1) knowingly submits false information to the

Department of State Health Services under Section 257.005(a); or

(2) violates Chapter 257 or 258 or rules adopted under

those chapters.

(b) The executive commissioner by rule shall develop an

administrative penalty schedule for penalties imposed under this

section based on the impact of the violation on patient care, nurse

satisfaction, and the public interest.

(c) The attorney general may sue to collect the penalty.

SECTION 5. Not later than December 31, 2025, the executive

commissioner of the Health and Human Services Commission shall

adopt any rules necessary to implement the changes in law made by

this Act.

SECTION 6. This Act takes effect September 1, 2025.