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(a) Each licensee and employee of a boarding home facility must be trained on the following subjects prior to contact with residents or within five days of beginning work, ownership, or management of the facility, whichever is later:
(1) Employer rules and policies.
(2) Preventing, recognizing, and reporting abuse, neglect, and exploitation of residents.
(3) Residents' rights, including all applicable rights from the following:
(A) Chapter 102 (Rights of the Elderly) of the Texas Human Resource Code, as amended.
(B) Chapter 112 (Developmental Disabilities) of the Texas Human Resource Code, as amended.
(C) Chapter 301 (Fair Housing Practices) of the Texas Property Code, as amended.
(D) Chapter 92 (Residential Tenancies) of the Texas Property Code, as amended.
(4) Policies and procedures for contacting emergency personnel when health or safety of a resident or another individual is at risk.
(5) Complaint process specific to the city and the boarding home facility.
(6) Prevention, recognition, and reporting of injuries, incidents, and unusual accidents to residents and others in the boarding home facility.
(7) Emergency, evacuation, and disaster plans.
(8) Assisting residents with obtaining health and social services.
(9) Services provided by the boarding home facility, including:
(A) nutrition, meal preparation, and dietary needs, if the boarding home facility provides meal preparation;
(B) sanitation;
(C) laundry, if the boarding home facility provides laundry services;
(D) house work, if the boarding home facility provides house work; and
(E) assistance with self-administration of medication, if the boarding home facility provides assistance with self-administration of medication.
(b) Each licensee and employee of a boarding home facility must be trained on the following subjects:
(1) Updates and changes in any policies and procedures within 10 days after the licensee or employee becomes aware of the change.
(2) Orientation specific to the needs of each new resident within three business days of the resident moving into the facility.
(3) Orientation specific to the needs of a resident whose needs have changed due to injury, illness, hospitalization, or other circumstances that affect the resident's needs within one day after licensee or employee becoming aware of the change. (Ord. Nos. 28706; 29753)
(a) A person may not own or operate a boarding home facility or be employed or volunteer in a position the duties of which involve direct contact with a resident in a boarding home facility before the 10th anniversary of the date the person is convicted of any of the following offenses:
(1) Sections 481.112, 481.1121, 481.1122, 481.113, 481.114, 481.122, Texas Health and Safety Code (illegal manufacture or delivery of a controlled substance), as amended.
(2) Section 481.120, Texas Health and Safety Code (delivery of marijuana), as amended, that is punishable as a felony.
(3) Section 481.124, Texas Health and Safety Code (possession or transport of certain chemicals with intent to manufacture controlled substances), as amended, that is punishable as a felony.
(4) Chapter 19, Texas Penal Code (criminal homicide), as amended.
(5) Chapter 20, Texas Penal Code (kidnapping and unlawful restraint), as amended.
(6) Chapter 20A, Texas Penal Code (trafficking of persons), as amended.
(7) Section 21.02, Texas Penal Code (continuous sexual abuse of young child or children), as amended, or Section 21.11, Texas Penal Code (indecency with a child), as amended.
(8) Section 22.01, Texas Penal Code (assault on a public servant), as amended.
(9) Section 22.011, Texas Penal Code (sexual assault), as amended.
(10) Section 22.02, Texas Penal Code (aggravated assault), as amended.
(11) Section 22.04, Texas Penal Code (injury to a child, elderly individual, or disabled individual), as amended.
(12) Section 22.041, Texas Penal Code (abandoning or endangering child), as amended.
(13) Section 22.08, Texas Penal Code (aiding suicide), as amended.
(14) Section 25.031, Texas Penal Code (agreement to abduct from custody), as amended.
(15) Section 25.08, Texas Penal Code (sale or purchase of a child), as amended.
(16) Section 28.02, Texas Penal Code (arson), as amended.
(17) Section 29.02, Texas Penal Code (robbery), as amended.
(18) Section 29.03, Texas Penal Code (aggravated robbery), as amended.
(19) Section 21.08, Texas Penal Code (indecent exposure), as amended.
(20) Section 21.12, Texas Penal Code (improper relationship between educator and student), as amended.
(21) Section 21.15, Texas Penal Code (improper photography or visual recording), as amended.
(22) Section 22.05, Texas Penal Code (deadly conduct), as amended.
(23) Section 22.021, Texas Penal Code (aggravated sexual assault), as amended.
(24) Section 22.07, Texas Penal Code (terroristic threat), as amended.
(25) Section 33.021, Texas Penal Code (online solicitation of a minor), as amended.
(26) Section 34.02, Texas Penal Code (money laundering), as amended.
(27) Section 35A.02, Texas Penal Code (Medicaid fraud), as amended.
(28) Section 42.09, Texas Penal Code (cruelty to animals), as amended.
(29) Chapter 31, Texas Penal Code (theft), as amended, that is punishable as a felony.
(30) Section 30.02, Texas Penal Code (burglary), as amended.
(31) The laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed in this subsection.
(b) A person may not own or operate a boarding home facility or be employed or volunteer in a position the duties of which involve direct contact with a resident in a boarding home facility before the fifth anniversary of the date the person is convicted of attempt, conspiracy, or solicitation of an offense listed in Subsection (a), any felony offense not listed in Subsection (a), or any of the following non-felony offenses:
(1) Section 48.052, Texas Human Resources Code (failure to report abuse, neglect, or exploitation), as amended or Section 260A.012, Texas Health and Safety Code (failure to report abuse, neglect, or exploitation), as amended.
(2) Section 22.01, Texas Penal Code (assault), as amended, that is punishable as a Class A misdemeanor.
(3) Chapter 31, Texas Penal Code (theft), as amended, that is punishable as a Class A misdemeanor or felony.
(4) Section 32.45, Texas Penal Code (misapplication of fiduciary property or property of a financial institution), as amended, that is punishable as a Class A misdemeanor or a felony.
(5) Section 32.46, Texas Penal Code (securing execution of a document by deception), as amended, that is punishable as a Class A misdemeanor or a felony.
(6) Section 37.12, Texas Penal Code (false identification as peace officer), as amended.
(7) Section 42.01(a)(7), (8), or (9), Texas Penal Code (disorderly conduct involving a firearm), as amended.
(8) Section 42.062, Texas Penal Code (interference with emergency request for assistance), as amended, that is punishable as a Class A misdemeanor or felony.
(9) Section 42.07, Texas Penal Code (harassment), as amended that is punishable as a Class A misdemeanor.
(10) Chapter 49, Texas Penal Code (driving while intoxicated), as amended, that is punishable as a Class B misdemeanor, Class A misdemeanor, or felony, if the boarding home facility provides transportation services.
(11) The laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed in this subsection.
(c) The licensee shall ensure that all employees and volunteers have had a background check of conviction records, pending charges, and disciplinary board decisions completed within the past 12 months, and is repeated every year thereafter, and that the individual is not disqualified under this section. The owner or operator shall immediately discharge any employee or volunteer whose criminal history reveals conviction of a crime that bars employment or volunteer service at a boarding home facility. A pending appeal of a criminal conviction has no effect on disqualification under this section. (Ord. Nos. 28706; 29753)
(a) If a boarding home facility allows an individual who has an impairment due to the illegal abuse of or addiction to a controlled substance to be a resident, the licensee and all employees and volunteers (other than residents) shall not have used a controlled substance within the previous year without a prescription from a licensed professional.
(b) All operators, employees, and volunteers of a boarding home facility shall completely abstain from illegally using controlled substances. The licensee shall immediately remove from the premises of the boarding home facility any non-resident owner, operator, employee, or volunteer who illegally uses a controlled substance, whether on or off the premises, and shall not allow that person to enter the premises of any boarding home facility under the control of the owner or operator for a period of at least one year following the violation. The licensee shall remove from the premises of the boarding home facility, as promptly as possible under state law, any owner, operator, employee, or volunteer who resides at the boarding home facility and who illegally uses a controlled substance whether on or off the premises, and shall not allow that person to enter the premises of any boarding home facility under the control of the owner or operator for a period of at least one year following the violation. However, nothing contained in this subsection shall be construed to prohibit an operator, employee, or volunteer from taking a prescription drug for which that person has a valid and current prescription.
(c) The licensee shall immediately remove from the premises of a boarding home facility any non-resident owner, operator, employee, or volunteer who currently abuses alcohol, whether on or off the premises, such that the abuse of alcohol prevents that person from performing his or her job duties, if any, at the boarding home facility or who, by reason of such current alcohol abuse, constitutes a direct threat to the property or safety of others. The licensee shall remove from the premises of a boarding home facility, as promptly as possible under state law, any owner, operator, employee, or volunteer who resides at the boarding home facility and who currently abuses alcohol, whether on or off the premises, such that the abuse of alcohol prevents that person from performing his or her job duties, if any, at the boarding home facility or who, by reason of such current alcohol abuse, constitutes a direct threat to the property or safety of others.
(d) If the licensee removes a person from the premises of a boarding home facility under Subsection (c), the licensee shall not allow that person to re-enter the premises of any boarding home facility under the control of the owner or operator until that person is able to perform his or her job duties, if any, at a boarding home facility and does not constitute a direct threat to the property or safety of others. (Ord. Nos. 28706; 29753)
(a) For any resident with dementia or who has been prescribed a controlled substance or psychotropic medication, the licensee, or a designee of the licensee, shall complete and document an annual assessment and conduct periodic monitoring to ensure that each resident is capable of self-administering medication and completing basic elements of personal care as listed in Subsections (b) and (c). The assessment will be used as a tool to determine if the needs of the resident can be provided by a boarding home facility or if the resident needs personal care services or medication administration that cannot be provided by the boarding home facility. The initial assessment of a resident must be completed within 30 days after the date the resident began residing at the facility.
(b) Elements of the self-administration of medication to be assessed include the ability to perform each of the following tasks with little or no assistance:
(1) Identifying the name of the medication.
(2) Providing a reason for the medication (the owner or operator cannot force the resident to disclose a health condition that is the basis for the medication if the resident refuses).
(3) Distinguishing color or shape.
(4) Preparing the correct number of pills (dosage).
(5) Confirming the time to take medications.
(6) Reading labels.
(c) Elements of personal care to be assessed by the licensee include but are not limited to the resident’s ability to do the following:
(1) Eat independently.
(2) Bathe without assistance.
(3) Dress without assistance.
(4) Move and transfer independently.
(d) As a result of an assessment, if a licensee finds that a resident is in a state of possible self-neglect due to no longer being able to perform basic elements of personal care as listed in Subsection (c) and believes that a higher level of care is needed, the owner or operator shall:
(1) contact the Texas Department of Family and Protective Services by phoning the state-wide intake division at 1-800-252-5400;
(2) notify the resident’s guardian or legally authorized representative;
(3) notify a family member designated by the resident, the legal guardian, or the legally authorized representative; and
(4) contact the appropriate health or human services authority to advise that the resident requires services beyond what can be provided by the boarding home facility.
(e) A state of self-neglect does not exist if the resident receives outside professional services that meet the resident’s need for personal care or self- administration of medication. In these cases, the resident can remain in the boarding home facility provided that all needs for personal care and self- administration of medication are met. (Ord. Nos. 28706; 29753)