| (10) apply topical medications that involve the treatment
of skin that is broken or blistered when a specified aseptic technique
is ordered by the attending physician;
(11) administer medications from any container other
than the manufacturer's original container or the original container
in which the medication had been dispensed and labeled by the pharmacy
with all information mandated by the Texas State Board of Pharmacy;
(12) steal, divert, or otherwise misuse medications;
(13) violate any provision of the statute or of this
chapter;
(14) fraudulently procure or attempt to procure a permit;
(15) neglect to administer appropriate medications,
as prescribed, in a responsible manner; or
(16) administer medications if the person is unable
to do so with reasonable skill and safety to clients by reasons of
drunkenness, inappropriate use of drugs, narcotics, chemicals, or
any other type of material.
(e) Applicant qualifications. Each applicant for a
permit issued under Texas Health and Safety Code, Chapter 142, Subchapter
B must complete a training program. Before enrolling in a training
program and applying for a permit under this section, all applicants:
(1) must be able to read, write, speak, and understand
English;
(2) must be at least 18 years of age;
(3) must be free of communicable diseases and in suitable
physical and emotional health to safely administer medications;
(4) must be a graduate of an accredited high school
or have proof of successfully passing a general educational development
test;
(5) must have satisfactorily completed a home health
aide training and competency evaluation program or a competency evaluation
program under §558.701 of this title;
(6) must not have a 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);
(7) must not be listed as unemployable on the EMR;
and
(8) must not be listed with a revoked or suspended
status on the NAR.
(f) Nursing graduates. A person who is a graduate of
an accredited school of nursing and who does not hold a license to
practice professional or vocational nursing meets the training requirements
for issuance of a permit under this section if the date of graduation
from the nursing school was no earlier than January 1 of the year
immediately preceding the year of application for a permit under this
section.
(1) The applicant must submit an HHSC application form
to HHSC. The applicant must meet the requirements of subsection (e)(1)
- (6) of this section.
(2) The application must be accompanied by the combined
permit application and examination fee.
(3) The applicant must include an official transcript
documenting graduation from an accredited school of nursing.
(4) HHSC acknowledges receipt of the application by
sending the applicant a copy of this chapter and HHSC open book examination.
(5) The applicant must complete the open book examination
and return it to HHSC by the date given in the examination notice.
(6) The applicant must complete HHSC written examination.
HHSC determines the site of the examination. HHSC denies the application
of an applicant failing to schedule and take the examination by the
date given in the examination notice.
(7) An open book or written examination may not be
retaken if the applicant fails.
(8) Upon successful completion of the two examinations,
HHSC evaluates all application documents submitted by the applicant.
(9) HHSC notifies the applicant in writing of the examination
results.
(g) Nursing students. A person who is attending or
has attended an accredited school of nursing and who does not hold
a license to practice professional or vocational nursing meets the
training requirements for issuance of a permit under this section
if the person:
(1) attended the nursing school no earlier than January
1 of the year immediately preceding the year of application for a
permit under this section;
(2) successfully completed courses at the nursing school
that cover HHSC curriculum for a home health medication aide training
program;
(3) submits a statement with the person's application
for a permit under this section, that is signed by the nursing school's
administrator or other authorized individual who is responsible for
determining that the courses that he or she certifies cover HHSC curriculum
and certifies that the person completed the courses specified under
paragraph (2) of this subsection; and
(4) complies with subsection (f)(1), (2), and (4) -
(9) of this section.
(h) Reciprocity. A person who holds a valid license,
registration, certificate, or permit as a home health medication aide
issued by another state whose minimum standards or requirements are
substantially equivalent to or exceed the requirements of this section
in effect at the time of application may request a waiver of the training
program requirement as follows:
(1) The applicant must submit an HHSC application form
to HHSC. The applicant must meet the requirements of subsection (e)(1)
- (4) of this section.
(2) The application must be accompanied by the combined
permit application and exam fee.
(3) The application must include a current copy of
the rules of the other state governing its licensing and regulation
of home health medication aides, a copy of the legal authority, including
the law, act, code, or section, for the state's licensing program,
and a certified copy of the license or certificate by which the reciprocal
permit is requested.
(4) HHSC acknowledges receipt of the application by
sending the applicant a copy of this chapter and of HHSC open book
examination.
(5) HHSC may contact the issuing agency to verify the
applicant's status with the agency.
(6) The applicant must complete HHSC open book examination
and return it to HHSC by the date given in the examination notice.
(7) The applicant must complete HHSC written examination.
The site of the examination is determined by HHSC. HHSC denies the
application of an applicant failing to schedule and take the examination
by the date given in the examination notice.
(8) An open book or written examination may not be
retaken if the applicant fails.
(9) Upon successful completion of the two examinations,
HHSC evaluates all application documents submitted by the applicant.
(10) HHSC notifies the applicant in writing of the
examination results.
(i) Application by trainees.
(1) An applicant under subsection (e) of this section
must, no later than 20 days after enrollment in a training program:
(A) complete an application, including the following
materials:
(i) the general statement enrollment form, which must
contain:
(I) specific information regarding the applicant's
personal data, certain misdemeanor and felony convictions, work experience,
education, and training;
(II) a statement that the applicant has met all the
requirements in §557.107(b) of this chapter (relating to Training
Requirements; Nursing Graduates; Reciprocity) before the start of
the program;
(III) a statement that the applicant understands that
application fees submitted in the permit process are nonrefundable;
(IV) a statement that the applicant understands materials
submitted in the application process are nonreturnable;
(V) a statement that the applicant understands that
it is a misdemeanor to falsify any information submitted to HHSC;
and
(VI) the applicant's signature, which has been dated
and notarized; and
(ii) a certified copy or a notarized photocopy of the
applicant's unaltered, original, high school diploma or transcript
or the written results of a general educational development (GED)
test demonstrating that the applicant passed the GED test, unless
the applicant is applying under subsection (f) of this section;
(B) submit the application to HHSC; and
(C) submit fingerprints to the Texas Department of
Public Safety for a Federal Bureau of Investigations criminal background
check.
(2) HHSC considers an application as officially submitted
when HHSC receives the nonrefundable combined permit application and
examination fee payable to the Health and Human Services Commission.
The fee required by subsection (n) of this section must accompany
the application form.
Cont'd... |
