Bill Text: TX HB3265 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the assisted administration of medications for persons with intellectual and developmental disabilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-18 - Referred to Public Health [HB3265 Detail]
Download: Texas-2011-HB3265-Introduced.html
82R10613 AJZ-F | ||
By: Miller of Erath | H.B. No. 3265 |
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relating to the assisted administration of medications for persons | ||
with intellectual and developmental disabilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle G, Title 4, Health and Safety Code, is | ||
amended by adding Chapter 325 to read as follows: | ||
CHAPTER 325. ASSISTANCE WITH ADMINISTRATION OF MEDICATION | ||
Sec. 325.001. DEFINITIONS. In this chapter: | ||
(1) "Assistance" means assistance relating to | ||
medication, including assisting a person with ordering or | ||
reordering medication, assisting a person with selecting the | ||
correct medication, and assisting a person with taking the correct | ||
dosage of the medication. | ||
(2) "Assisted administration of medication" means the | ||
taking or applying of medication, by the individual for whom the | ||
medication is prescribed or obtained, with the assistance of an | ||
unlicensed person. | ||
(3) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(4) "Medication management" means the comprehensive | ||
management of medications for the entire course of the medication | ||
therapy by a person receiving medication therapy or for a person | ||
receiving medication therapy, including management of | ||
over-the-counter and prescription medications. | ||
Sec. 325.002. APPLICABILITY. This chapter applies only to | ||
assistance provided to certain persons with intellectual and | ||
developmental disabilities who are served: | ||
(1) in a facility licensed under Chapter 252, Health | ||
and Safety Code; or | ||
(2) by a Section 1915(c) waiver program, as defined by | ||
Section 531.001, Government Code, administered by the Department of | ||
Aging and Disability Services. | ||
Sec. 325.003. ASSISTED ADMINISTRATION OF MEDICATION. (a) | ||
The executive commissioner by rule shall authorize the assisted | ||
administration of medication without the requirement that a | ||
registered nurse delegate or oversee each administration. | ||
(b) The executive commissioner by rule shall: | ||
(1) require that each person described by Section | ||
325.002 be assessed to determine the appropriate level of | ||
assistance the person needs with the administration of medication, | ||
including an assessment of the person's skills and knowledge of | ||
over-the-counter and prescription medications; | ||
(2) establish criteria related to the necessary skills | ||
and knowledge that must be demonstrated to permit the person to | ||
receive assisted administration of medication; | ||
(3) require that each person who receives assisted | ||
administration of medications receive ongoing training to address | ||
the person's identified skill and knowledge deficits until the | ||
person demonstrates competence in independent medication | ||
management; and | ||
(4) ensure that each person who receives assisted | ||
administration of medication has the greatest degree of | ||
independence in determining the type of assistance needed, | ||
including through the use of any necessary adaptive or assistive | ||
aid, device, or strategy. | ||
Sec. 325.004. UNLICENSED PERSONS AUTHORIZED TO PROVIDE | ||
ASSISTED ADMINISTRATION OF MEDICATION. (a) An unlicensed person | ||
who is a member of the staff of a facility described by Section | ||
325.002 or an employee of a person licensed or certified to provide | ||
Section 1915(c) waiver program services may be authorized to | ||
provide assisted administration of medication to a person described | ||
by Section 325.002 only if the staff member or employee: | ||
(1) is trained by a registered nurse regarding: | ||
(A) the role of providing assisted | ||
administration of medication; | ||
(B) the responsibilities involved in providing | ||
assisted administration of medication; | ||
(C) basic pharmacology; | ||
(D) medication side effects; and | ||
(E) techniques for providing assisted | ||
administration of medication; and | ||
(2) receives ongoing oversight by a registered nurse | ||
to ensure continued competence and appropriate performance of the | ||
staff member's or employee's duties in providing assisted | ||
administration of medication. | ||
(b) An unlicensed person providing assisted administration | ||
of medication shall verify that the correct medication is | ||
administered in the correct dosage at the correct time of day | ||
through the correct administration route. | ||
Sec. 325.005. LICENSED PERSONS REQUIRED TO PROVIDE | ||
ASSISTANCE WITH ADMINISTRATION OF MEDICATION TO CERTAIN PERSONS. A | ||
licensed or certified person who is a member of the staff of a | ||
facility described by Section 325.002 or an employee of a person | ||
licensed or certified to provide Section 1915(c) waiver program | ||
services shall administer medications to a person who does not meet | ||
the criteria prescribed by Section 325.003(b)(2) to receive | ||
assisted administration of medication and, as appropriate, | ||
identify and address the person's skill and knowledge deficits to | ||
prepare the person to receive assisted administration of medication | ||
in the future. | ||
SECTION 2. In developing the rules required by Chapter 325, | ||
Health and Safety Code, as added by this Act, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
convene a work group of affected stakeholders, including public and | ||
private providers and registered and licensed vocational nurses | ||
employed by the facilities or providers described by Section | ||
325.002, Health and Safety Code, as added by this Act, and other | ||
persons or entities the executive commissioner considers | ||
appropriate. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |