SB437 - Relating to the provision of inservice training on identifying abuse, neglect, and illegal, unprofessional, and unethical conduct in certain health care facilities and to civil and administrative penalties assessed for violations of statutes or rules governing chemical dependency treatment facilities.

      S.B. No. 437         AN ACT   relating to the provision of inservice training on identifying   abuse, neglect, and illegal, unprofessional, and unethical conduct   in certain health care facilities and to civil and administrative   penalties assessed for violations of statutes or rules governing   chemical dependency treatment facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 161.133, Health and Safety Code, is   amended by adding Subsection (a-1) to read as follows:           (a-1)     The training required under Subsection (a) may be   provided:                 (1)  in person; or                 (2)     through a live, interactive, instructor-led, and   electronic method that uses synchronous audiovisual interaction   between the instructor and employees.          SECTION 2.  Section 464.017(a), Health and Safety Code, is   amended to read as follows:          (a)  A person or facility is subject to a civil penalty of not   more than $25,000 for each day of violation and for each act of   violation of this subchapter or a rule adopted under this   subchapter.  In determining the amount of the civil penalty, the   court shall consider:                (1)  the person's or facility's previous violations;                (2)  the seriousness of the violation, including the   nature, circumstances, extent, and gravity of the violation;                (3)  whether the health and safety of the public was   threatened by the violation;                (4)  the demonstrated good faith of the person or   facility; [ and ]                (5)  the amount necessary to deter future violations ;                 (6)     the person's or facility's ability to pay the   penalty; and                 (7)     if the person's or facility's license is not   revoked under Section 464.014 because of the violation, the ability   of the person or facility to continue providing services under this   chapter after paying the penalty .          SECTION 3.  Sections 464.019(c) and (s), Health and Safety   Code, are amended to read as follows:          (c)  The amount of the penalty 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, safety, or   economic welfare of the public;                (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)   the person's ability to pay the penalty;                   (7)     if the person's license is not revoked under   Section 464.014 because of the violation, the person's ability to   continue providing services under this chapter after paying the   penalty;                   (8)     the degree of the person's culpability in causing   the violation; and                 (9)   any other matter that justice may require.          (s)  The commission shall post on the commission's Internet   website current administrative penalty schedules applicable to a   person licensed or regulated under this chapter.  The commission   shall ensure that the administrative penalties listed in the posted   schedules are accurate.   The administrative penalty schedules must   consider the economic impact of an assessed penalty on a person   licensed or regulated under this chapter and the factors described   by Subsection (c).            SECTION 4.  The changes in law made by this Act to Chapter   464, Health and Safety Code, apply only to a violation that occurs   on or after the effective date of this Act.  A violation that   occurred before the effective date of this Act is governed by the   law in effect when the violation occurred, and the former law is   continued in effect for that purpose.          SECTION 5.  This Act takes effect September 1, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 437 passed the Senate on   April 24, 2025, by the following vote: Yeas 30, Nays 1; and that   the Senate concurred in House amendment on May 30, 2025, by the   following vote: Yeas 30, Nays 1.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 437 passed the House, with   amendment, on May 28, 2025, by the following vote: Yeas 129,   Nays 12, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor