| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to administration of medication to residents of certain |
|
|
assisted living and boarding home facilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 247, Health and Safety |
|
|
Code, is amended by adding Section 247.0256 to read as follows: |
|
|
Sec. 247.0256. MEDICATION ADMINISTRATION ASSISTANCE. (a) |
|
|
Notwithstanding any other provision or rule, a resident who needs |
|
|
assistance with medication administration may authorize a family |
|
|
member or another person who is not an employee of the assisted |
|
|
living facility to: |
|
|
(1) administer the resident's medications; or |
|
|
(2) supervise or assist with the resident's medication |
|
|
administration. |
|
|
(b) An authorization under this section must be in writing |
|
|
and be signed by: |
|
|
(1) the resident; |
|
|
(2) the person assuming responsibility for: |
|
|
(A) administration of medication; or |
|
|
(B) supervision of or assistance with the |
|
|
administration of medication; and |
|
|
(3) a representative of the assisted living facility. |
|
|
(c) An assisted living facility that is party to an |
|
|
agreement under this section is not liable for any damages caused |
|
|
by: |
|
|
(1) improper administration of medication; |
|
|
(2) improper supervision of or assistance with |
|
|
administration of medication; |
|
|
(3) failure to administer medication; or |
|
|
(4) failure to supervise or assist with the |
|
|
administration of medication. |
|
|
(d) The agreement under this section may be terminated at |
|
|
any time by the resident communicating to the assisted living |
|
|
facility that the resident wishes to terminate the agreement. On |
|
|
termination of the agreement, the facility shall reassume any |
|
|
applicable duties with respect to the resident's medication. |
|
|
SECTION 2. Chapter 260, Health and Safety Code, is amended |
|
|
by adding Section 260.0031 to read as follows: |
|
|
Sec. 260.0031. MEDICATION ADMINISTRATION ASSISTANCE. (a) |
|
|
Notwithstanding any other provision or rule, a resident who needs |
|
|
assistance with self-administering medication may authorize a |
|
|
family member or another person who is not an employee of the |
|
|
boarding home facility to provide that assistance. |
|
|
(b) An authorization under this section must be in writing |
|
|
and be signed by: |
|
|
(1) the resident; |
|
|
(2) the person assuming responsibility for assistance |
|
|
with self-administering medication; and |
|
|
(3) a representative of the boarding home facility. |
|
|
(c) A boarding home facility that is party to an agreement |
|
|
under this section is not liable for any damages caused by: |
|
|
(1) improper assistance with self-administering |
|
|
medication; or |
|
|
(2) failure to provide assistance with |
|
|
self-administering medication. |
|
|
(d) The agreement under this section may be terminated at |
|
|
any time by the resident communicating to the boarding home |
|
|
facility that the resident wishes to terminate the agreement. On |
|
|
termination of the agreement, the facility shall reassume providing |
|
|
assistance with self-administering medication. |
|
|
SECTION 3. The executive commissioner of the Health and |
|
|
Human Services Commission may adopt forms for use in an agreement |
|
|
under Section 247.0256 or 260.0031, Health and Safety Code, as |
|
|
added by this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2015. |