| (a) Purpose. The purpose of this section is to provide
the qualifications, conduct, and practice activities of a medication
aide employed in a correctional facility or employed by a medical
services contractor for a correctional facility.
(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 correctional facility using the medication
aide. The medication aide must:
(1) function in accordance with applicable law and
rules relating to administration of medication and operation of a
correctional facility; and
(2) comply with TDCJ rules applicable to personnel
used in a correctional institution.
(c) Allowable practices of a corrections medication
aide. A medication aide:
(1) must observe and report to the correctional facility's
charge nurse reactions and side effects to medication shown by an
inmate;
(2) may take and record vital signs before the administration
of medication which could affect or change the vital signs;
(3) may administer regularly prescribed medication
to an inmate if the medication aide:
(A) is trained to administer the medication;
(B) personally prepares the medication or sets up the
medication to be administered; and
(C) documents the administration of the medication
in the inmate's clinical record;
(4) may administer oxygen per nasal cannula or a non-sealing
mask only in an emergency, after which the medication aide must verbally
notify the licensed nurse on duty or on call and appropriately document
the action and notification;
(5) may apply specifically ordered ophthalmic, otic,
nasal, vaginal, and rectal medication;
(6) may administer previously ordered PRN medication
but must document in the inmate's records any symptoms indicating
the need for the medication, and the time the symptoms occurred;
(7) may administer the initial dose of a medication;
(8) may order an inmate's medications from the correctional
institution's pharmacy;
(9) may measure a prescribed amount of a liquid medication
to be administered;
(10) may break a tablet for administration to an inmate
if:
(A) the licensed nurse on duty or on call has calculated
the dosage; and
(B) the inmate's medication card or its equivalent
accurately documents how the tablet must be altered before administration;
and
(11) may crush medication if:
(A) authorization is obtained from the licensed nurse
on duty or on call; and
(B) the authorization is documented on the inmate's
medication card or its equivalent.
(d) Prohibited practices of a corrections medication
aide. A medication aide may not:
(1) administer medication by the injection route including
the:
(A) intramuscular route;
(B) intravenous route;
(C) subcutaneous route;
(D) intradermal route; and
(E) hypodermoclysis route;
(2) administer medication used for intermittent positive
pressure breathing treatments or any form of medication inhalation
treatments;
(3) calculate an inmate's medication dose for administration;
(4) crush medication, except in accordance with subsection
(c)(11) of this section;
(5) administer medications or feedings by way of a
tube inserted in a cavity of the body;
(6) receive or assume responsibility for reducing to
writing a verbal or telephone order from a physician, dentist, or
podiatrist;
(7) apply topical medications that involve the treatment
of skin that is broken or blistered or when a specified aseptic technique
is ordered by the attending licensed practitioner;
(8) steal, divert, or otherwise misuse medications;
(9) violate any provision of Texas Human Resources
Code §161.083, or this chapter;
(10) fraudulently procure or attempt to procure a permit;
(11) neglect to administer appropriate medications,
as prescribed, in a responsible manner; or
(12) administer medications if the person is unable
to do so with reasonable skill and safety to inmates by reason of
drunkenness or excessive use of drugs, narcotics, chemicals, or any
other type of material.
(e) Background and education requirements. Before applying
for a corrections medication aide permit under Texas Human Resources
Code §161.083, an applicant must be:
(1) able to read, write, speak, and understand English;
(2) at least 18 years of age;
(3) free of communicable diseases and in suitable physical
and emotional health to safely administer medications;
(4) a graduate of a high school or successfully passed
a general educational development test (GED); and
(5) employed in a correctional facility or by a medical
service contractor for a correctional facility on the first day of
an applicant's medication aide training program.
(f) Application. An applicant for a corrections medication
aide permit under this chapter must submit an official Corrections
Medication Aide application form to HHSC through the online portal.
(1) The applicant must submit the general statement
enrollment form through the online portal that contains:
(A) specific information regarding personal data, certain
misdemeanor and felony convictions, work experience, education, and
training;
(B) a statement that all the requirements in subsection
(e) of this section were met before the start of the program;
(C) a statement that the applicant understands that
application fees submitted in the permit process are nonrefundable;
(D) a statement that the applicant understands material
submitted in the application process are nonreturnable;
(E) a statement that the applicant understands that
it is a misdemeanor to falsify any information submitted to HHSC;
and
(F) the applicant's dated signature through the online
portal.
(2) An applicant must upload through the online portal
a certified copy or a photocopy that has been notarized as a true
and exact copy of an unaltered original of the applicant's high school
graduation diploma or transcript, or the written results of a GED
test.
(3) HHSC reviews high school or GED documentation submitted
by the applicant. If HHSC determines additional information is required,
and HHSC requests additional documentation from the applicant, the
applicant must provide the documentation to HHSC.
(4) HHSC considers a corrections medication aide permit
application as officially submitted based on the submission date in
the online portal.
(5) HHSC sends a notice through the online portal listing
the additional materials required to an applicant who does not complete
the application. An application not completed by the day of the TDCJ
final exam is void.
(6) HHSC sends notice through the online portal of
application approval or deficiency in accordance with §557.127
of this chapter (relating to Application Processing).
(g) Fees. An applicant must pay application and permit
renewal fees for a corrections medication aide permit through the
online portal. All fees are nonrefundable, except as provided by Texas
Government Code, Chapter 2005. The fee schedule is as follows:
(1) permit application fee--$15;
(2) renewal fee--$15; and
(3) late renewal fees for permit renewals made after
the permit expires:
(A) $22.50 for an expired permit renewed from one to
90 days after expiration; and
(B) $30 for an expired permit renewed from 91 days
to one year after expiration.
(h) Examination procedures. TDCJ gives a written examination
to each applicant at a site determined by TDCJ. An applicant with
a disability, including an applicant with dyslexia as defined in Texas
Education Code §51.970 (relating to Instructional Material for
Blind and Visually Impaired Students and Students with Dyslexia),
may request a reasonable accommodation for the examination under the
Americans with Disabilities Act.
(1) The applicant must meet the requirements of the
TDCJ training program described in §557.119(d) of this chapter
(relating to Training Program Requirements) before taking the written
examination.
Cont'd... |
