(a) Purpose. The purpose of this chapter is to implement
the provisions of the:
(1) Texas Health and Safety Code, Chapter 242, Subchapter
N, concerning the administration of medications to facility residents;
(2) Texas Health and Safety Code, Chapter 142, Subchapter
B, concerning the administration of medication by a home and community
support services agency; and
(3) Texas Human Resource Code §161.083, concerning
the administration of medication to an inmate in a correctional facility.
(b) Corrections medication aide permit requirements.
Section 557.125 of this chapter (relating to Requirements for Corrections
Medication Aides) applies to a corrections medication aide or an applicant
for a corrections medication aide permit.
(c) Definitions. The following words and terms, when
used in this chapter, have the following meanings, unless the context
clearly indicates otherwise.
(1) Abuse--The willful infliction of injury, unreasonable
confinement, intimidation, or punishment with resulting physical harm,
pain, or mental anguish.
(2) Active duty--Current full-time military service
in the armed forces of the United States or as a member of the Texas
military forces, as defined in Texas Government Code §437.001,
or similar military service of another state.
(3) Armed forces of the United States--The Army, Navy,
Air Force, Coast Guard, Space Force, or Marine Corps of the United
States, including reserve units of those military branches.
(4) BON--Texas Board of Nursing.
(5) Classroom instruction and training--Teaching curriculum
components through in-person instruction taught in a physical classroom
location, which may include skills practice, or through online instruction
taught in a virtual classroom location.
(6) Client--An individual receiving home health, hospice,
or personal assistance services from a HCSSA.
(7) Clinical experience--Teaching hands-on care of
residents in a nursing facility under the required level of supervision
of a licensed nurse, which may include skills practice prior to performing
the skills through hands-on care of a resident. The clinical experience
provides the opportunity for a trainee to learn to apply the classroom
instruction and training to the care of residents with the assistance
and required level of supervision of the instructor.
(8) Correctional facility--a facility operated by or
under contract with the Texas Department of Criminal Justice.
(9) Day--Any day, including a Saturday, a Sunday, and
a holiday.
(10) EMR--Employee misconduct registry. The registry
maintained by HHSC in accordance with Texas Health and Safety Code,
Chapter 253, to record findings of reportable conduct by certain unlicensed
employees.
(11) Examination--A written competency evaluation for
medication aides administered by HHSC.
(12) Facility--An institution licensed under Texas
Health and Safety Code, Chapter 242; a state supported living center
as defined in Texas Health and Safety Code §531.002(19); a licensed
intermediate care facility for an individual with an intellectual
disability or related condition as defined in the Texas Health and
Safety Code Chapter 252; an intermediate care facility for an individual
with an intellectual disability or related condition operated by a
community center as described in Texas Health and Safety Code, Chapter
534; or an assisted living facility licensed under Texas Health and
Safety Code, Chapter 247.
(13) HCSSA--A home and community support services agency
licensed under Texas Health and Safety Code Chapter 142 and Chapter
558 of this title (relating to Licensing Standards for Home and Community
Support Services Agencies).
(14) HHSC--The Texas Health and Human Services Commission.
(15) Licensed nurse--A licensed vocational nurse or
an RN.
(16) LVN--Licensed vocational nurse. A person licensed
by the BON, or who holds a license from another state recognized by
the BON, to practice vocational nursing in Texas.
(17) Medication aide--A person who is issued a permit
by HHSC under Texas Health and Safety Code Chapter 242, Subchapter
N, Texas Human Resources Code, Chapter 161, Subchapter D, and Texas
Health and Safety Code, Chapter 142, Subchapter B to administer medications
to facility residents, correctional facility inmates, or to persons
served by home and community support services agencies.
(18) Military service member--A person who is on active
duty.
(19) Military spouse--A person who is married to a
military service member.
(20) Military veteran--A person who has served on active
duty and who was discharged or released from active duty.
(21) Misappropriation of resident property--The deliberate
misplacement, exploitation, or wrongful temporary or permanent use
of a resident's belongings or money without the resident's consent.
(22) NAR--Nurse aide registry. A state listing of nurse
aides maintained by HHSC in accordance with Texas Health and Safety
Code, Chapter 250 that indicates if a nurse aide has active status,
revoked status, or is unemployable based on a finding of having committed
an act of abuse, neglect or misappropriation of resident property.
(23) Neglect--The failure to provide goods and services
necessary to avoid physical harm, mental anguish, or mental illness.
(24) Non-licensed direct care staff--Employees of facilities
other than Medicare-skilled nursing facilities or Medicaid nursing
facilities who are primarily involved in the delivery of services
to assist with residents' activities of daily living or active treatment
programs.
(25) Nurse aide--An individual who has completed a
nurse aide training and competency evaluation program (NATCEP) approved
by HHSC as meeting the requirements of 42 Code of Federal Regulations
(CFR) §§483.15 - 483.154, or has been determined competent
as provided in 42 CFR §483.150(a) and (b), and is listed as certified
on HHSC nurse aide registry.
(26) PRN medication--Pro re nata medication. Medication
administered as the occasion arises or as needed.
(27) Registered pharmacist--An individual currently
licensed by the Texas Board of Pharmacy to practice pharmacy.
(28) RN--Registered nurse. A person who is licensed
by the BON, or who holds a license from another state recognized by
the BON, to practice professional nursing in Texas.
(29) TDCJ--Texas Department of Criminal Justice.
(30) Training program--A program approved by HHSC to
instruct individuals to act as medication aides.
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