(a) General. A person may not administer medication
to a resident in a facility or a correctional facility unless the
person:
(1) holds a current license under state law which authorizes
the licensee to administer medication; or
(2) if administering medication in a facility, holds
a current permit issued under Texas Health and Safety Code, Chapter
242, Subchapter N, or if administering medication in a correctional
facility, holds a current permit issued under Texas Human Resources
Code §161.083 or Texas Health and Safety Code, Chapter 242, Subchapter
N and acts under the authority of a person who holds a current license
under state law which authorizes the licensee to administer medication.
(b) Supervision and applicable law and rules. A medication
aide must function under the direct supervision of a licensed nurse
on duty or on call by the facility or correctional facility using
the medication aide. A medication aide must:
(1) function in accordance with applicable law and
rules relating to administration of medication and operation of a
facility or a correctional facility; and
(2) comply with HHSC rules applicable to personnel
used in a facility or TDCJ rules applicable to personnel in a correctional
facility.
(c) Governmental employees. Governmental employees
may receive a permit to administer medications under this chapter
as authorized by Texas Health and Safety Code §242.610(f) or
Texas Human Resources Code §161.083:
(1) State supported living center employees and employees
of an intermediate care facility for persons with an intellectual
disability operated by a community center established under Texas
Health and Safety Code, Chapter 534 must comply with subsection (b)
of this section and §§557.105, 557.107, 557.109, 557.111,
557.113, 557.115, 557.117, 557.119, 557.121, and 557.123 of this chapter
(relating to Allowable and Prohibited Practices of a Medication Aide;
Training Requirements; Nursing Graduates; Reciprocity; Application
Procedures; Examination; Determination of Eligibility; Permit Renewal;
Changes; Training Program Requirements; Permitting of Persons with
Criminal Backgrounds; and Violations, Complaints, and Disciplinary
Actions).
(2) Correctional facility employees and employees of
medical services contractors for a correctional facility who administer
medication as medication aides must comply with §557.125 of this
chapter (relating to Requirements for Corrections Medication Aides).
(d) Medication aides in nursing facilities. Persons
employed as medication aides in a Medicare skilled nursing facility
or a Medicaid nursing facility must comply with the requirements relating
to nurse aides as set forth in United States Code, Part 42, §1396r(b)(5)
and Chapter 556 of this title (relating to Nurse Aides).
(e) Exemptions.
(1) A person may administer medication to a resident
in a facility without the license or permit as required in subsection
(a) of this section, if the person is:
(A) a graduate nurse holding a temporary permit issued
by the BON;
(B) a student enrolled in an accredited school of nursing
or program for the education of registered nurses who is administering
medications as part of the student's clinical experience;
(C) a graduate vocational nurse holding a temporary
permit issued by the BON;
(D) a student enrolled in an accredited school of vocational
nursing or program for the education of vocational nurses who is administering
medications as part of the student's clinical experience; or
(E) a trainee in a medication aide training program
approved by HHSC under this chapter who is administering medications
as part of the trainee's clinical experience.
(2) A student described in paragraph (1)(B), (D), or
(E) of this subsection may administer medication only as part of the
student's clinical experience.
(3) A person described in paragraph (1) of this subsection
must act under the supervision of an individual as set forth in applicable
law and rules.
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