(vii) A medication aide renewing under this subparagraph
is not required to submit any continuing education hours.
(10) A person whose permit has expired for not more
than two years may renew the permit by submitting to HHSC:
(A) the permit renewal form;
(B) all accrued renewal fees;
(C) proof of having earned, during the expired period,
seven hours in an approved continuing education program for each year
or part of a year that the permit has been expired; and
(D) proof of having earned, before expiration of the
permit, seven hours in an approved continuing education program as
required in paragraph (5) of this subsection.
(11) A permit that is not renewed during the two years
after expiration may not be renewed.
(12) HHSC issues notices of permit renewal approval,
disapproval, or deficiency must be in accordance with subsection (q)
of this section.
(m) Changes.
(1) A medication aide must notify HHSC within 30 days
after changing his or her address or name.
(2) HHSC replaces a lost, damaged, or destroyed permit
upon receipt of a completed duplicate permit request form and permit
replacement fee.
(n) Fees.
(1) The schedule of fees is:
(A) combined permit application and examination fee--$25;
(B) renewal fee--$15; and
(C) permit replacement fee--$5.00.
(2) All fees are nonrefundable.
(3) An applicant or home health medication aide must
pay the required fee by cashier's check or money order made payable
to the Health and Human Services Commission. All fees are nonrefundable,
except as provided by Texas Government Code, Chapter 2005.
(o) Training program requirements.
(1) An educational institution accredited by the Texas
Workforce Commission or Texas Higher Education Coordinating Board
that desires to offer a training program must file an application
for approval on an HHSC form. Programs sponsored by state agencies
for the training and preparation of its own employees are exempt from
the accreditation requirement. An approved institution may offer the
training program and a continuing education program.
(A) All signatures on HHSC forms and supporting documentation
must be originals.
(B) The application includes:
(i) the anticipated dates of the program;
(ii) the location(s) of the classroom course(s);
(iii) the name of the coordinator of the program;
(iv) a list that includes the address and telephone
number of each instructor and any other person responsible for the
conduct of the program; and
(v) an outline of the program content and curriculum
if the curriculum covers more than HHSC established curricula.
(C) HHSC may conduct an inspection of the classroom
site.
(D) HHSC sends notice of approval or proposed disapproval
of the application to the program within 30 days of the receipt of
a complete application. If the application is proposed to be disapproved
due to noncompliance with the requirements of the Texas Health and
Safety Code, Chapter 142, Subchapter B, or of this chapter, the reasons
for disapproval are given in the notice.
(E) An applicant may request a hearing on a proposed
disapproval in writing within ten days of receipt of the notice of
the proposed disapproval. The hearing must be in accordance with subsection
(r) of this section and the Administrative Procedure Act, Texas Government
Code, Chapter 2001. If no request is made, the applicant is deemed
to have waived the opportunity for a hearing, and the proposed action
may be taken.
(2) The program includes, but is not limited to, the
following instruction and training:
(A) procedures for preparation and administration of
medications;
(B) responsibility, control, accountability, storage,
and safeguarding of medications;
(C) use of reference material;
(D) documentation of medications in the client's clinical
records, including PRN medications;
(E) minimum licensing standards for agencies covering
pharmaceutical service, nursing service, and clinical records;
(F) federal and state certification standards for participation
under the Social Security Act, Title XVIII (Medicare), pertaining
to pharmaceutical service, nursing service, and clinical records;
(G) lines of authority in the agency, including agency
personnel who are immediate supervisors;
(H) responsibilities and liabilities associated with
the administration and safeguarding of medications;
(I) allowable and prohibited practices of a medication
aide in the administration of medication;
(J) drug reactions and side effects of medications
commonly administered to home health clients;
(K) instruction on universal precautions; and
(L) the provisions of this chapter.
(3) The program consists of 140 hours in the following
order: 100 hours of classroom instruction and training, 20 hours of
return skills demonstration laboratory, ten hours of clinical experience
including clinical observation and skills demonstration under the
supervision of an RN in an agency, and ten more hours in the return
skills demonstration laboratory. A classroom instruction and training
or laboratory hour is 50 minutes of actual classroom instruction or
training or laboratory time.
(A) Class time will not exceed four hours in a 24-hour
period.
(B) The completion date of the program must be a minimum
of 60 days and a maximum of 180 days from the starting date of the
program.
(C) Each program must follow the curricula established
by HHSC.
(4) At least seven days before the commencement of
each program, the coordinator must notify HHSC in writing of the starting
date, the ending date, the daily hours of the program, and the projected
number of students.
(5) A change in any information presented by the program
in an approved application including, but not limited to, location,
instructorship, and content must be approved by HHSC before the program's
effective date of the change.
(6) The program instructors of the classroom instruction
or training hours must be an RN and registered pharmacist.
(A) The nurse instructor must have a minimum of two
years of full-time experience in caring for the elderly, chronically
ill, or pediatric clients or been employed full time for a minimum
of two years as an RN with a home and community support services agency.
An instructor in a school of nursing may request a waiver of the experience
requirement.
(B) The pharmacist instructor must have a minimum of
one year of experience and be currently employed as a practicing pharmacist.
(7) The coordinator must provide clearly defined and
written policies regarding each student's clinical experience to the
student, the administrator, and the supervising nurse of the agency
used for the clinical experience.
(A) The clinical experience must be counted only when
the student is observing or involved in functions involving medication
administration and under the direct, contact supervision of an RN.
(B) The coordinator is responsible for final evaluation
of the student's clinical experience.
(8) Upon successful completion of the program, each
program issues to each student a certificate of completion, including
the program's name, the student's name, the date of completion, and
the signature of the program coordinator.
(9) Within 15 days after completion of the course,
and prior to scheduling the exam, each program must inform HHSC on
the HHSC class roster form of the satisfactory completion for each
student.
(p) Continuing education. The continuing education
training program is as follows.
(1) The program must consist of at least seven clock
hours of classroom instruction.
(2) The instructor must meet the requirements in subsection
(o)(6) of this section.
(3) Each program must follow the curricula established
by HHSC.
(4) Within 15 days after completion of the course,
each program must inform HHSC on the HHSC class roster form of the
name of each medication aide who has completed the course.
(q) Processing procedures. HHSC complies with the following
procedures in processing applications of home health medication aide
permits and renewal of permits.
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