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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 557MEDICATION AIDES--PROGRAM REQUIREMENTS
RULE §557.128Home Health Medication Aides

      (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.

Cont'd...

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