Bill Text: TX SB1857 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the administration of medication for persons with intellectual and developmental disabilities.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [SB1857 Detail]
Download: Texas-2011-SB1857-Introduced.html
Bill Title: Relating to the administration of medication for persons with intellectual and developmental disabilities.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [SB1857 Detail]
Download: Texas-2011-SB1857-Introduced.html
82R14695 T | ||
By: Zaffirini | S.B. No. 1857 |
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relating to the administration of medications for persons with | ||
intellectual and developmental disabilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 301, Occupations Code, is amended to add | ||
a new Subchapter O to read as follows: | ||
SUBCHAPTER O. ADMINISTRATION OF MEDICATIONS FOR PERSONS WITH | ||
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES. | ||
Sec. 301.701. DEFINITIONS. In this subsection: | ||
(1) "Assistance with self-administered medication" | ||
means any needed ancillary aid provided to a client in the client's | ||
self-administered medication or treatment regimen, such as | ||
reminding a client to take a medication at the prescribed time, | ||
opening and closing a medication container, pouring a predetermined | ||
quantity of liquid to be ingested, returning a medication to the | ||
proper storage area, and assisting in reordering medications from a | ||
pharmacy. | ||
(2) "Administration of medication" means the removal | ||
of an individual/unit dose from a previously dispensed, properly | ||
labeled container, verifying it with the medication order, giving | ||
the correct medication and the correct dose to the proper client at | ||
the proper time by the proper route; and accurately recording the | ||
time and dose given. | ||
(3) "Client" means a person with an intellectual and | ||
developmental disability receiving services from a facility or | ||
program listed in Section 301.702. | ||
(4) "Unlicensed person" means an individual, not | ||
licensed as health care provider: | ||
(A) who is monetarily compensated to provide | ||
certain health related tasks and functions in a complementary or | ||
assistive role to the licensed nurse in providing direct client | ||
care or carrying out common nursing functions; | ||
(B) who provides those tasks and functions as a | ||
volunteer but does not qualify as a friend providing gratuitous | ||
care for the sick under Section 301.004(1); | ||
(C) including, but not limited to, nurse aides, | ||
orderlies, assistants, attendants, technicians, home health aides, | ||
medication aides permitted by a state agency, and other individuals | ||
providing personal care/assistance of health related services; or | ||
(D) who is a professional nursing student, not | ||
licensed as a nurse, providing care for monetary compensation and | ||
not as part of their formal educational program shall be considered | ||
to be unlicensed persons and must provide that care in conformity | ||
with this chapter. | ||
Sec. 301.702. APPLICABILITY. This subsection applies only | ||
to administration of medications provided to certain persons with | ||
intellectual and developmental disabilities who are served in: | ||
(1) a facility licensed and certified under Chapter | ||
252, Health and Safety Code; or | ||
(2) one of the following Section 1915(c) waiver | ||
programs administered by the Department of Aging and Disability | ||
Services to serve persons with intellectual and developmental | ||
disabilities: | ||
(A) Community Living Assistance and Support | ||
Services waiver; | ||
(B) Home and Community Based Services waiver; or | ||
(C) Texas Home Living waiver. | ||
Sec. 301.703. ADMINISTRATION OF MEDICATION. (a) The board | ||
by rule shall authorize the administration of medication by | ||
unlicensed persons without the requirement that a registered nurse | ||
delegate each administration of | ||
(1) oral medication; | ||
(2) topical medication; or | ||
(3) metered dose inhaler. | ||
(b) Medications that must be administered other than those | ||
listed under subsection (a) are subject to the board's rules | ||
regarding the delegation of nursing tasks to unlicensed persons in | ||
independent living environments such as those listed in Section | ||
301.702. | ||
(c) The board by rule shall: | ||
(1) require that a licensed nurse assess each client | ||
with intellectual and developmental disabilities described by | ||
Section 301.702 to: | ||
(A) determine the appropriate level of | ||
assistance the client needs with the administration of medication; | ||
and | ||
(B) establish criteria related to the necessary | ||
skills and knowledge that must be demonstrated to permit the client | ||
to have medications administered by an unlicensed person under this | ||
subchapter. | ||
Sec. 301.704. UNLICENSED PERSONS AUTHORIZED TO PROVIDE | ||
ADMINISTRATION OF MEDICATION. (a) An unlicensed person who is a | ||
member of the staff of a facility or an employee or contractor of a | ||
person licensed or certified to provide Section 1915(c) waiver | ||
program services as described by Section 301.702 may be authorized | ||
to administer medication to a client described by Section 301.702 | ||
only if the staff member, employee or contractor: | ||
(1) is trained by a registered nurse or licensed | ||
vocational nurse under the direction of a registered nurse | ||
regarding the requirements to administer medications. | ||
SECTION 2. In developing the rules required by Chapter 301, | ||
Occupations Code, Subchapter O, as added by this Act, the executive | ||
director of the Texas Board of Nursing 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 of services described by Section 301.702, | ||
Occupations Code, as added by this Act, and other persons or | ||
entities the executive director of the Texas Board of Nursing | ||
considers appropriate. | ||
SECTION 3. Chapter 161, Human Resources Code, is amended to | ||
add a new Section 161.078 to read as follows: | ||
Sec. 161.078. ASSISTANCE WITH ADMINISTRATION OF | ||
MEDICATIONS FOR PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL | ||
DISABILITIES. The department shall ensure that medications | ||
administered by an unlicensed person under Chapter 301, Occupations | ||
Code, Subchapter O are: | ||
(1) overseen by a registered nurse or a licensed | ||
vocational nurse under the supervision of a registered nurse; | ||
(2) performed after receiving training to address the | ||
client's identified skill and knowledge deficits until the client | ||
demonstrates competence in independent medication management; and | ||
(3) administered in such a way as to ensure the | ||
greatest degree of independence in determining the type of | ||
assistance needed, including the use of an adaptive or assistive | ||
aid, device, or strategy as allowed under program rule. | ||
SECTION 4. The Texas Board of Nursing and the Texas | ||
Department of Aging and Disability Services shall enter into a | ||
Memorandum of Understanding regarding the administration of | ||
medications to persons with intellectual and developmental | ||
disabilities. | ||
SECTION 5. 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. |