The Texas Department of Human Services (DHS) adopts amendments to §§97.2, 97.11, 97.12, 97.303, 97.404, 97.601, and 97.602 in its Licensing Standards for Home and Community Support Services Agencies chapter without changes to the proposed text published in the August 22, 2003, issue of the Texas Register (28 TexReg 6772). Justification for the amendments is to implement the sections of House Bill 2292, 78th Texas Legislature, that affect the Health and Safety Code, Chapter 142.

Justification for the amendment to §97.2 is to implement changes to the Health and Safety Code, §142.001, that change the definitions of "certified agency" and "personal assistance services" and add a new definition for "personal care." Justification for the amendments to §97.11, §97.12, and §97.602 is to implement changes to the Health and Safety Code, §142.003(a), that exempt from licensure home and community-based service providers that are monitored by the Texas Department of Mental Health and Mental Retardation and employees of entities that act as consumer fiscal agencies under Government Code, §531.051.

Justification for the amendment to §97.303 is to implement a change to the Health and Safety Code, §142.0062(a), that adds pneumococcal polysaccharide vaccine to the list of dangerous drugs that an agency or its employees who are registered nurses (RNs) or licensed vocational nurses may purchase, store, or transport for the purpose of administering to the agency's employees, clients, or client family members. Justification for the amendment to §97.404 is to implement the Health and Safety Code, §142.002(f), which prohibits a person not licensed to provide personal assistance services from indicating or implying he is licensed to provide those services; to implement changes to the Health and Safety Code, §142.001(22), that include and define personal care tasks that may be performed under the personal assistance services category of licensure; and to implement a change to the Health and Safety Code, §142.001(22)(C), that allows an RN to determine which health-related tasks do not require delegation under the personal assistance services category of licensure.

Justification for amendments to §§97.12, 97.404, 97.601, and 97.602 is to update references within the chapter and correct grammar.

DHS received no comments regarding adoption of the amendments.

The amendment is adopted under the Health and Safety Code, Chapter 142, which provides DHS with the authority to adopt rules for the licensing and regulation of home and community support services agencies.

The amendment implements the Health and Safety Code, §§142.001-142.030.