| (a) General. A person may not administer medication
to a resident in a facility, an inmate in a correctional facility,
or a client receiving home health services unless the person:
(1) holds a current license under state law which authorizes
the licensee to administer medication; or
(2) holds a current permit issued under this chapter
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, correctional facility, or home
health agency 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, correctional facility, or home health agency; and
(2) comply with HHSC rules applicable to personnel
used in a facility or for a home health agency, 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 of this chapter (relating to Allowable
and Prohibited Practices of a Medication Aide); §557.107 of this
chapter (relating to Training Requirements; Nursing Graduates; Reciprocity); §557.109
of this chapter (relating to Application Procedures); §557.111
of this chapter (relating to Examination); §557.113 of this chapter
(relating to Determination of Eligibility); §557.115 of this
chapter (relating to Permit Renewal); §557.117 of this chapter
(relating to Changes); §557.119 of this chapter (relating to
Training Program Requirements); §557.121 of this chapter (relating
to Permitting of Persons with Criminal Backgrounds; and §557.123
of this chapter (relating to 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).
(3) home health employees who administer medication
as medication aides must comply with §557.128 of this chapter
(relating to Home Health 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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