HBA-NLM H.B. 2192 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2192
By: Wise
Human Services
3/15/1999
Introduced



BACKGROUND AND PURPOSE 

A legislatively mandated statewide study was conducted during the interim
between the 75th and 76th legislatures, to determine the extent to which
training in diagnosing child abuse and neglect is provided to certain
professionals.  The study found that the quality of, or in some cases the
lack of, training available to many professionals in Texas who have direct
contact with children to be inadequate, specifically in the area of
diagnosing and preventing child abuse and neglect.  

The purpose of H.B. 2192 is to enhance the mandated training requirements
for licensure and certification of certain professionals who come in close
contact with children, specifically as it relates to recognizing child
abuse and neglect.  This legislation would require that all professionals
who have direct contact with children receive training in recognizing and
reporting child abuse and neglect, as a prerequisite for licensure and
certification.  It would also require employers who hire these
professionals to make certain that they have taken the required training as
a condition for employment, and would allow for disciplinary action to be
taken against any facility or employer that employs a professional who has
not taken the required training. 

H.B. 2192 prohibits a facility from employing a professional unless the
professional has attended a training program provided by the department
related to recognizing and reporting cases of child abuse and neglect.
This bill provides that the program must include instruction in physical
and behavioral signs of child abuse and neglect, and must also cover the
requirements for reporting child abuse and neglect. This bill also
authorizes a licensing or certifying agency to take disciplinary action
against a facility that employs a professional who has not attended the
training program required by this section.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Defines "license," "licensing authority," and "professional."
Prohibits a licensing authority from issuing  a license to a professional
unless the professional has attended a training program provided by the
Department of Protective and Regulatory Services (department) related to
recognizing and reporting cases of child abuse and neglect. Provides that a
professional who is licensed on the effective date of this Act must attend
the training program required by this section by December 1, 2000.
Requires the licensing authority to take disciplinary action against the
person if the person does not attend the program by December 2, 2000.   

SECTION 2.  Amends Subchapter C, Chapter 40, Human Resources Code, by
adding Section 40.0524, as follows: 

Sec. 40.0524. EMPLOYEE TRAINING IN RECOGNIZING AND REPORTING ABUSE AND
NEGLECT.  Defines "facility," and "professional."  Prohibits a facility
from employing a professional unless the professional has attended a
training program provided by the department related to recognizing and
reporting cases of child abuse and neglect. Authorizes a licensing or
certifying agency to take disciplinary action against a facility that
employs a professional who has not attended the training program required
by this section. Requires the department, in coordination with the
department's duties under Section 40.0522(b) (Community Education and
Training Relating to Child Abuse or Neglect), to create a training program
for professionals in recognizing and reporting cases of child abuse and
neglect.  Provides that the program must include instruction in physical
and behavioral signs of child abuse and  neglect, and the requirements for
reporting child abuse and neglect. 

SECTION 3.  Provides that this Act takes effect September 1, 1999, except
as otherwise provided by this section. Requires the department to create
the training program required by Section 40.0524, Human Resources Code, as
added by this Act, by January 1, 2000. 

SECTION 4.  Emergency clause.