84R12769 JSC-D
By: Herrero H.B. No. 3755
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.