(a) Filing of complaints. Any person may complain to
HHSC alleging that a person or program has violated the Texas Health
and Safety Code, Chapter 242, Subchapter N; Texas Human Resources
Code §161.083; or this chapter.
(1) Persons who want to file a complaint against a
medication aide, training program, or another person, must notify
HHSC by calling 1-800-458-9858 or by writing the Medication Aide Permit
Program, Health and Human Services Commission, P.O. Box 149030, Mail
Code E-416, Austin, Texas 78714-9030.
(2) Anonymous complaints may be investigated by HHSC
if the complainant provides sufficient information.
(b) Investigation of complaints. If HHSC initial investigation
determines:
(1) the complaint does not come within HHSC jurisdiction,
HHSC advises the complainant and, if possible, refers the complainant
to the appropriate governmental agency for handling the complaint;
(2) there are insufficient grounds to support the complaint,
HHSC dismisses the complaint and gives written notice of the dismissal
to the medication aide or person against whom the complaint has been
filed and the complainant; or
(3) there are sufficient grounds to support the complaint,
HHSC may propose to deny, suspend, emergency suspend, revoke, or not
renew a permit or to rescind program approval.
(c) Disciplinary actions. HHSC may revoke, suspend,
or refuse to renew a permit, or reprimand a medication aide for a
violation of Texas Health and Safety Code, Chapter 242, Subchapter
N; Texas Human Resources Code §161.083; or this chapter. HHSC
may suspend a permit in an emergency or rescind HHSC approval for
an educational institution to offer a training program if the medication
aide or educational institution fails to comply with the requirements
in this chapter.
(1) HHSC may place on probation a person whose permit
is suspended. HHSC may require the person on probation:
(A) to report regularly to HHSC on matters that are
the basis of the probation;
(B) to limit practice to the areas prescribed by HHSC;
or
(C) to continue or pursue professional education until
the person attains a degree of skill satisfactory to HHSC in those
areas that are the basis of the probation.
(2) Before institution of formal proceedings to revoke
or suspend a permit or rescind program approval, HHSC gives written
notice to the medication aide or program of the facts or conduct alleged
to warrant revocation, suspension, or rescission, and the medication
aide or program must be given an opportunity, as described in the
notice, to show compliance with all requirements of the Texas Health
and Safety Code, Chapter 242, Subchapter N; Texas Human Resources
Code §161.083; or this chapter. When there is a finding of an
alleged act of abuse, neglect, or misappropriation of resident property
by a medication aide employed at a Medicaid-certified nursing facility
or a Medicare-certified skilled nursing facility, HHSC complies with
the hearings process as provided in 42 Code of Federal Regulations §488.335.
(3) If denial, revocation, or suspension of a permit
or rescission of program approval is proposed, HHSC gives written
notice that the medication aide or program must request, in writing,
a hearing within 30 days after receipt of the notice, or the right
to a hearing is waived and the permit is denied, revoked, or suspended
or the program approval is rescinded.
(4) A hearing is governed by 1 TAC Chapter 357, Subchapter
I (relating to Hearings under the Administrative Procedure Act); and
40 TAC Chapter 91 (relating to Hearings under the Administrative Procedure
Act).
(5) If an alleged act of abuse, neglect, or misappropriation
by a medication aide who also is a certified nurse aide under the
provisions of Chapter 556 of this title (relating to Nurse Aides)
violates the rules in this chapter and Chapter 556, HHSC complies
with the hearing process described in paragraph (4) of this subsection.
Through the hearing, determinations will be made on both the permit
for medication aide practice and the certification for nurse aide
practice.
(d) Denial based on criminal history.
(1) HHSC provides written notice to any person HHSC
proposes to deny an application based on the person's criminal history.
The written notice must contain, as applicable:
(A) a statement that the person is disqualified from
receiving a permit or being examined for a permit because of the person's
prior conviction for the offense or offenses specified in the notice,
as provided in §557.121(a) and (b) of this chapter (relating
to Permitting of Persons with a Criminal Background); or
(B) a statement that:
(i) HHSC's decision to deny the person a permit, or
the opportunity to be examined for a permit, will be based on the
factors listed in §557.121(b) of this chapter, as provided in §557.121(a)
of this chapter; and
(ii) the person has the responsibility to obtain and
provide to HHSC evidence regarding the factors listed in §557.121(c)
of this chapter within 30 days of receipt of the notice.
(2) If, upon reviewing the evidence provided by the
person, HHSC upholds its decision to deny the person, HHSC shall notify
the person in writing of:
(A) the reason for the denial or disqualification,
including any factors considered under §557.121(a) and (b) of
this chapter that served as the basis for denial or disqualification;
and
(B) the process for requesting a formal hearing before
a State Office of Administrative Hearings administrative law judge.
(3) If HHSC's decision to deny the person is upheld
during a formal hearing, HHSC shall notify the person in writing of:
(A) the process for requesting a motion for rehearing
to appeal the decision; and
(B) if the decision is upheld upon a motion for rehearing,
the process for requesting judicial review.
(e) Suspension or Revocation based on criminal history.
(1) HHSC provides written notice to a permit holder
that HHSC proposes to suspend or revoke the permit holder's permit.
The written notice must contain, as applicable:
(A) a statement that the permit holder is no longer
eligible to have the permit because of the permit holder's prior conviction
for the offense or offenses specified in the notice, as provided in §557.121(a)
and (b) of this chapter; or
(B) a statement:
(i) that HHSC's decision to suspend or revoke the permit
holder's permit will be based on the factors listed in §557.121(c)
of this chapter, as provided in §557.121(a) of this chapter;
and
(ii) describing the process for the permit holder to
request an informal reconsideration opportunity by HHSC.
(2) If, after conducting the informal reconsideration,
HHSC upholds its decision to suspend or revoke the permit holder's
permit, HHSC shall notify the permit holder in writing of:
(A) the reason for the suspension or revocation including
any factors considered under §557.121(a) and (b) of this chapter
that served as the basis for suspension or revocation; and
(B) the process for requesting a formal hearing before
a State Office of Administrative Hearings administrative law judge.
(3) If HHSC's decision to suspend or revoke the permit
holder's permit is upheld during a formal hearing, HHSC shall notify
the permit holder in writing of:
(A) the process for requesting a motion for rehearing
to appeal the decision; and
(B) if the decision is upheld upon a motion for rehearing,
the process for requesting judicial review.
(f) Suspension, revocation, or nonrenewal. If HHSC
suspends a permit, the suspension remains in effect until HHSC determines
that the reason for suspension no longer exists or HHSC revokes or
determines not to renew the permit. HHSC investigates before making
a determination and:
(1) during the time of suspension, the suspended medication
aide must return his or her permit to HHSC;
(2) if a suspension overlaps a permit renewal date,
the suspended medication aide may comply with the renewal procedures
in §557.115 of this chapter (relating to Permit Renewal); however,
HHSC does not renew the permit until HHSC determines that the reason
for suspension no longer exists;
(3) if HHSC revokes or does not renew a permit, a person
may reapply for a permit by complying with the requirements and procedures
in this chapter at the time of reapplication. HHSC may refuse to issue
a permit if the reason for revocation or nonrenewal continues to exist;
and
(4) if a permit is revoked or not renewed, a medication
aide must immediately return the permit to HHSC.
(g) Complaints of abuse and neglect by medication aides
who are issued a permit under Texas Health and Safety Code, Chapter
242, Subchapter N, and employed in a correctional facility, are investigated
as described in §557.125(k) of this chapter (relating to Requirements
for Corrections Medication Aides).
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