Tex. Hum. Res. Code § 40.036

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 40.036 - Alzheimer's Disease and Dementia Training
(a) In this section:
(1) "Adult protective services employee" means a division employee who performs a function described by Section 40.035(a).
(2) "Division" means the department's adult protective services division.
(b) Except as provided by Subsections (c) and (d), the department shall develop a training program for adult protective services employees on identifying and interacting with individuals who have Alzheimer's disease or dementia. The program must include an initial four-hour training requirement and an annual two-hour continuing education requirement. The requirements are in addition to the training required by Section 40.035, but may be provided in conjunction with that training. The training program must cover, at a minimum, information about:
(1) dementia, including behavioral and psychiatric symptoms;
(2) interaction with an individual who has impaired communication skills, including effective and respectful communication techniques;
(3) techniques for understanding and approaching an individual's behavioral symptoms;
(4) specific aspects of safety, including wandering by an individual;
(5) abuse, neglect, and exploitation, as defined by Section 48.002, of an individual with Alzheimer's disease or dementia, including:
(A) identifying the most common types of abuse;
(B) recognizing signs of abuse, neglect, and exploitation; and
(C) identifying when it is necessary to contact a law enforcement agency about potential criminal behavior toward an individual with Alzheimer's disease or dementia that is committed by a family member or caretaker of the individual or that occurs in an institution;
(6) identification of self-neglect by an individual with Alzheimer's disease or dementia; and
(7) protocols for connecting an individual with Alzheimer's disease or dementia to local care resources or professionals who are skilled in dementia care to encourage cross-referring the individual for services and increase reporting of incidents of abuse, neglect, or exploitation.
(c) The division may use a training program developed or adopted by the Health and Human Services Commission or the Department of State Health Services if the program is equivalent to or more extensive than the program requirements under Subsection (b).
(d) If another state law or a federal law or regulation requires training on Alzheimer's disease or dementia that is more rigorous or extensive than the training required by Subsection (b), the division shall provide training to adult protective services employees that complies with that law or regulation.
(e) An area agency on aging must ensure that the agency's employees or volunteers who provide services directly to an elderly individual or the individual's family members or caregivers receive training on Alzheimer's disease and dementia. The training must:
(1) be evidence-based or evidence-informed; and
(2) focus on:
(A) recognizing the signs and symptoms of cognitive impairments caused by Alzheimer's disease or dementia; and
(B) understanding how the cognitive impairments may affect the screening of and service planning for an elderly individual.
(f) An area agency on aging may provide the training described by Subsection (b) through:
(1) a course developed by the agency; or
(2) a course that is available from the department, the Health and Human Services Commission, the Department of State Health Services, or an entity that is involved in education or services relating to Alzheimer's disease or dementia, including the Alzheimer's Association and caregiver organizations.

Tex. Hum. Res. Code art. 40.036

Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1177,Sec. 1, eff. 9/1/2019.