| (a) A home heath medication aide must be permitted
as a medication aide in accordance with this chapter.
(b) A HCSSA that provides licensed and certified home
health services, licensed home health services, hospice services,
or personal assistance services may use a home health medication aide.
If there is a direct conflict between the requirements of this chapter
and federal regulations, the requirements that are more stringent
apply to the licensed and certified HCSSA.
(c) If a HCSSA provides home health medication aide
services, the HCSSA must employ a home health medication aide to provide
the home health medication aide services. The HCSSA must employ or
contract with an RN to perform the initial health assessment, prepare
the client care plan, establish the medication list, medication administration
record, and medication aide assignment sheet, and supervise the home
health medication aide. The RN must be available to supervise the
home health medication aide when home health medication aide services
are provided.
(d) The clinical records of a client using a home health
medication aide must include a statement signed by the client or family
acknowledging receipt of the list of permitted and prohibited acts
of a home health medication aide.
(e) The RN must be knowledgeable of HHSC rules governing
home health medication aides and must ensure that the home health
medication aide complies with the Texas Health and Safety Code, Chapter
142, Subchapter B and this chapter.
(f) A home health medication aide must:
(1) function under the supervision of an RN;
(2) comply with applicable law and this chapter relating
to administration of medication and operation of the HCSSA;
(3) comply with HHSC rules applicable to personnel
used in a HCSSA; and
(4) comply with this section and §558.701 of this
title (relating to Home Health Aides) if the person will be used as
a home health aide and a home health medication aide.
(g) The RN must make a supervisory visit while the
medication aide is in the client's residence in accordance with §558.298
of this title (relating to Delegation of Nursing Tasks by Registered
Professional Nurses to Unlicensed Personnel and Tasks Not Requiring
Delegation).
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| Source Note: The provisions of this §557.128 adopted to be effective September 24, 2018, 43 TexReg 6328; amended to be effective December 26, 2021, 46 TexReg 9054; amended to be effective September 18, 2024, 49 TexReg 7350 |
