| (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.
(1) The following periods of time apply from the date
of receipt of an application until the date of issuance of a written
notice that the application is complete and accepted for filing or
that the application is deficient and additional specific information
is required. A written notice stating that the application has been
approved may be sent in lieu of the notice of acceptance of a complete
application. The time periods are:
(A) letter of acceptance of an application for a home
health medication aide permit--14 days; and
(B) letter of application or renewal deficiency--14
days.
(2) The following periods of time shall apply from
the receipt of the last item necessary to complete the application
until the date of issuance of written notice approving or denying
the application. The time periods for denial include notification
of proposed decision and of the opportunity, if required, to show
compliance with the law and of the opportunity for a formal hearing.
An application is not considered complete until the required documentation
and fee have been submitted by the applicant. The time periods are
as follows:
(A) the issuance of an initial permit--90 days;
(B) the letter of denial for a permit--90 days; and
(C) the issuance of a renewal permit--20 days.
(3) In the event an application is not processed in
the time period stated in paragraphs (1) and (2) of this subsection,
the applicant has the right to request reimbursement of all fees paid
in that particular application process. Request for reimbursement
is made to the Home Health Medication Aide Permit Program. If the
director of the Home Health Medication Aide Permit Program does not
agree that the time period has been violated or finds that good cause
existed for exceeding the time period, the request will be denied.
(4) Good cause for exceeding the time period exists
if the number of applications for initial home health medication aide
permits and renewal permits exceeds by 15 percent or more the number
of applications processed in the same calendar quarter of the preceding
year; another public or private entity relied upon by HHSC in the
application process caused the delay; or any other condition exists
giving HHSC good cause for exceeding the time period.
(5) If a request for reimbursement under paragraph
(3) of this subsection is denied by the director of the Home Health
Medication Aide Permit Program, the applicant may appeal to the HHSC
commissioner for a timely resolution of any dispute arising from a
violation of the time periods. The applicant must give written notice
to the HHSC commissioner that the applicant requests full reimbursement
of all fees paid because the application was not processed within
the applicable time period. The applicant must mail the reimbursement
request to Health and Human Services Commission, John H. Winters Human
Services Complex, 701 W. 51st St., P.O. Box 149030, Austin, Texas
78714-9030. The director of the Home Health Medication Aide Permit
Program must submit a written report of the facts related to the processing
of the application and of any good cause for exceeding the applicable
time period to the HHSC commissioner. The HHSC commissioner provides
written notice of the commissioner's decision to the applicant and
the director of the Home Health Medication Aide Permit Program. An
appeal is decided in the applicant's favor if the applicable time
period was exceeded and good cause was not established. If the appeal
is decided in favor of the applicant, HHSC reimburses, in full, all
fees paid in that particular application process.
(r) Denial, suspension, or revocation.
(1) HHSC may deny, suspend, emergency suspend, or revoke
a permit or program approval if the medication aide or program fails
to comply with any provision of the Texas Health and Safety Code,
Chapter 142, Subchapter B, or this chapter.
(2) HHSC may also take action under paragraph (1) of
this subsection for fraud, misrepresentation, or concealment of material
fact on any documents required to be submitted to HHSC or required
to be maintained or complied by the medication aide or program pursuant
to this chapter.
(3) HHSC may suspend or revoke an existing permit or
program approval or disqualify a person from receiving a permit or
program approval because of a person's criminal history that HHSC
determines is a basis for denying the permit under §557.121 of
this chapter (relating to Permitting of Persons with Criminal Backgrounds).
(4) If HHSC proposes to deny, suspend, or revoke a
home health medication aide permit or to rescind a home health medication
aide program approval, HHSC notifies the medication aide or home health
medication aide program by certified mail, return receipt requested,
of the reasons for the proposed action and offers the medication aide
or home health medication aide program an opportunity for a hearing.
Cont'd... |
