82R10613 AJZ-F
By: Miller of Erath H.B. No. 3265
A BILL TO BE ENTITLED
AN ACT
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.