| (a) Filing of complaints. Any person may file a complaint
with HHSC alleging that a person or program has violated the Texas
Health and Safety Code, Chapter 242, Subchapter N; Texas Human Resources
Code §161.083; or this chapter.
(1) Persons wishing to file a complaint against a medication
aide, training program, or other person related to medication aide
training or permitting, must notify HHSC by calling 1-800-458-9858
or by writing the Medication Aide Permit Program, Health and Human
Services Commission, P.O. Box 149030, Mail Code E-416, Austin, Texas
78714-9030.
(2) Anonymous complaints may be investigated by HHSC
if the complainant provides sufficient information.
(b) Investigation of complaints. If HHSC's initial
investigation determines:
(1) the complaint is not within HHSC jurisdiction,
HHSC advises the complainant and, if applicable, refers the complainant
to the appropriate governmental agency for handling the complaint;
(2) there are insufficient grounds to support the complaint,
HHSC dismisses the complaint and gives written notice of the dismissal
to the medication aide or person against whom the complaint has been
filed and the complainant; or
(3) there are sufficient grounds to support the complaint,
HHSC may propose to deny, suspend, emergency suspend, revoke, or not
renew a permit or to rescind program approval.
(c) Disciplinary actions. HHSC may revoke, suspend,
or refuse to renew a permit, or reprimand a medication aide for a
violation of Texas Health and Safety Code, Chapter 242, Subchapter
N; Texas Human Resources Code §161.083; or this chapter. HHSC
may suspend a permit in an emergency or rescind HHSC approval for
an educational institution to offer a training program if the medication
aide or educational institution fails to comply with the requirements
in this chapter.
(1) HHSC may place on probation a person whose permit
is suspended. HHSC may require the person on probation:
(A) to report regularly to HHSC on matters that are
the basis of the probation;
(B) to limit practice to the areas prescribed by HHSC;
or
(C) to continue or pursue professional education until
the person attains a degree of skill satisfactory to HHSC in those
areas that are the basis of the probation.
(2) Before institution of formal proceedings to revoke
or suspend a permit or rescind program approval, HHSC gives written
notice to the medication aide or program of the facts or conduct alleged
to warrant revocation, suspension, or rescission, and the medication
aide or program must be given an opportunity, as described in the
notice, to show compliance with all requirements of the Texas Health
and Safety Code, Chapter 242, Subchapter N; Texas Human Resources
Code §161.083; or this chapter. When there is a finding of an
alleged act of abuse, neglect, or misappropriation of resident property
by a medication aide employed at a Medicaid-certified nursing facility
or a Medicare-certified skilled nursing facility, HHSC complies with
the hearings process as provided in 42 Code of Federal Regulations §488.335.
(3) If denial, revocation, or suspension of a permit
or rescission of program approval is proposed, HHSC gives written
notice that the medication aide or program must request, in writing,
a hearing within 30 days after receipt of the notice, or the right
to a hearing is waived and the permit is denied, revoked, or suspended
or the program approval is rescinded.
(4) A hearing is governed by 1 Texas Administrative
Code Chapter 357, Subchapter I (relating to Hearings under the Administrative
Procedure Act); and Chapter 110 of this title (relating to Hearings
under the Administrative Procedure Act).
(5) If HHSC receives an allegation that a medication
aide, who has a nurse aide certificate under Chapter 556 of this title
(relating to Nurse Aides), committed an act of abuse, neglect, or
misappropriation of resident property, HHSC investigates the allegation
under this section regarding the medication aide practice and under
Chapter 556 of this title to determine if the allegation violates
the nurse aide practice. The investigations run concurrently. If after
the investigations, the medication aide requests hearings on the findings
under the nurse aide practice and the medication aide practice, only
one hearing, conducted in accordance with paragraph (4) of this subsection,
is available to the medication aide.
(d) Denial based on criminal history.
(1) HHSC provides written notice to any person HHSC
proposes to deny an application based on the person's criminal history.
The written notice must contain a statement that the person is disqualified
from receiving a permit or being examined for a permit because of
the person's prior conviction for the offense or offenses specified
in the notice, as provided in §557.121(a) of this chapter (relating
to Permitting of Persons with a Criminal Background).
(2) If, upon reviewing the evidence provided by the
person, HHSC upholds its decision to deny the person, HHSC notifies
the person in writing of:
(A) the reason for the denial or disqualification;
and
(B) the process for requesting a formal hearing before
a State Office of Administrative Hearings administrative law judge.
(3) If HHSC's decision to deny the person is upheld
during a formal hearing, HHSC shall notify the person in writing of:
(A) the process for requesting a motion for rehearing
to appeal the decision; and
(B) if the decision is upheld upon a motion for rehearing,
the process for requesting judicial review.
(e) Suspension or revocation based on criminal history.
(1) HHSC provides written notice to a permit holder
that HHSC proposes to suspend or revoke the permit holder's permit.
The written notice must contain a statement that the permit holder
is no longer eligible to have the permit because of the permit holder's
prior conviction for the offense or offenses specified in the notice,
as provided in §557.121(a) of this chapter.
(2) If HHSC's decision to suspend or revoke the permit
holder's permit is upheld during a formal hearing, HHSC notifies the
permit holder in writing of:
(A) the process for requesting a motion for rehearing
to appeal the decision; and
(B) if the decision is upheld upon a motion for rehearing,
the process for requesting judicial review.
(f) Suspension, revocation, or nonrenewal. If HHSC
suspends a permit, the suspension remains in effect until HHSC determines
that the reason for suspension no longer exists or HHSC revokes or
determines not to renew the permit.
(1) During the time of suspension, the suspended medication
aide must return his or her permit to HHSC.
(2) If a suspension overlaps a permit renewal date,
the suspended medication aide may comply with the renewal procedures
in §557.115 of this chapter (relating to Permit Renewal); however,
HHSC does not renew the permit until HHSC determines that the reason
for suspension no longer exists.
(3) If HHSC revokes or does not renew a permit, a person
may reapply for a permit by complying with the requirements and procedures
in this chapter at the time of reapplication. HHSC may refuse to issue
a permit if the reason for revocation or nonrenewal continues to exist.
(g) Complaints of abuse and neglect by medication aides
who are issued a permit under this chapter and employed in a correctional
facility, are investigated in accordance with §557.125(l) of
this chapter (relating to Requirements for Corrections Medication
Aides).
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