Texas 2015 - 84th Regular

Texas House Bill HB3755 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R12769 JSC-D
2	2	By: Herrero H.B. No. 3755
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to administration of medication to residents of certain
8	8	assisted living and boarding home facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 247, Health and Safety
11	11	Code, is amended by adding Section 247.0256 to read as follows:
12	12	Sec. 247.0256. MEDICATION ADMINISTRATION ASSISTANCE. (a)
13	13	Notwithstanding any other provision or rule, a resident who needs
14	14	assistance with medication administration may authorize a family
15	15	member or another person who is not an employee of the assisted
16	16	living facility to:
17	17	(1) administer the resident's medications; or
18	18	(2) supervise or assist with the resident's medication
19	19	administration.
20	20	(b) An authorization under this section must be in writing
21	21	and be signed by:
22	22	(1) the resident;
23	23	(2) the person assuming responsibility for:
24	24	(A) administration of medication; or
25	25	(B) supervision of or assistance with the
26	26	administration of medication; and
27	27	(3) a representative of the assisted living facility.
28	28	(c) An assisted living facility that is party to an
29	29	agreement under this section is not liable for any damages caused
30	30	by:
31	31	(1) improper administration of medication;
32	32	(2) improper supervision of or assistance with
33	33	administration of medication;
34	34	(3) failure to administer medication; or
35	35	(4) failure to supervise or assist with the
36	36	administration of medication.
37	37	(d) The agreement under this section may be terminated at
38	38	any time by the resident communicating to the assisted living
39	39	facility that the resident wishes to terminate the agreement. On
40	40	termination of the agreement, the facility shall reassume any
41	41	applicable duties with respect to the resident's medication.
42	42	SECTION 2. Chapter 260, Health and Safety Code, is amended
43	43	by adding Section 260.0031 to read as follows:
44	44	Sec. 260.0031. MEDICATION ADMINISTRATION ASSISTANCE. (a)
45	45	Notwithstanding any other provision or rule, a resident who needs
46	46	assistance with self-administering medication may authorize a
47	47	family member or another person who is not an employee of the
48	48	boarding home facility to provide that assistance.
49	49	(b) An authorization under this section must be in writing
50	50	and be signed by:
51	51	(1) the resident;
52	52	(2) the person assuming responsibility for assistance
53	53	with self-administering medication; and
54	54	(3) a representative of the boarding home facility.
55	55	(c) A boarding home facility that is party to an agreement
56	56	under this section is not liable for any damages caused by:
57	57	(1) improper assistance with self-administering
58	58	medication; or
59	59	(2) failure to provide assistance with
60	60	self-administering medication.
61	61	(d) The agreement under this section may be terminated at
62	62	any time by the resident communicating to the boarding home
63	63	facility that the resident wishes to terminate the agreement. On
64	64	termination of the agreement, the facility shall reassume providing
65	65	assistance with self-administering medication.
66	66	SECTION 3. The executive commissioner of the Health and
67	67	Human Services Commission may adopt forms for use in an agreement
68	68	under Section 247.0256 or 260.0031, Health and Safety Code, as
69	69	added by this Act.
70	70	SECTION 4. This Act takes effect September 1, 2015.