By: Watson S.B. No. 1484
(In the Senate - Filed March 6, 2009; March 17, 2009, read
first time and referred to Committee on Health and Human Services;
April 22, 2009, reported favorably by the following vote: Yeas 9,
Nays 0; April 22, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to delivery of certain services through consumer direction
to elderly persons and persons with disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.051, Government Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) Section 301.251(a), Occupations Code, does not apply to
delivery of a service for which payment is provided under the
consumer-directed service option developed under this section if:
(1) the person who delivers the service:
(A) has not been denied a license under Chapter
301, Occupations Code;
(B) has not been issued a license under Chapter
301, Occupations Code, that is revoked or suspended; and
(C) performs a service that is not expressly
prohibited from delegation by the Texas Board of Nursing; and
(2) the consumer who receives the service:
(A) has a disability and the service would have
been performed by the consumer or the consumer's legally authorized
representative except for that disability; and
(B) if:
(i) the consumer is capable of training the
person in the proper performance of the service, the consumer
directs the person to deliver the service; or
(ii) the consumer is not capable of
training the person in the proper performance of the service, the
consumer's legally authorized representative is capable of
training the person in the proper performance of the service and
directs the person to deliver the service.
(f) If the person delivers the service under Subsection
(e)(2)(B)(ii), the legally authorized representative must be
present when the service is performed or be immediately accessible
to the person who delivers the service. If the person will perform
the service when the representative is not present, the
representative must observe the person performing the service at
least once to assure the representative that the person performing
the service can competently perform that service.
SECTION 2. 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, 2009.
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