By McDonald, et al. H.B. No. 1551
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to home care and community support services.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The chapter heading of Chapter 142, Health and
1-5 Safety Code, is amended to read as follows:
1-6 CHAPTER 142. HOME CARE AND COMMUNITY SUPPORT <HEALTH> SERVICES
1-7 SECTION 2. The heading of Subchapter A, Chapter 142, Health
1-8 and Safety Code, is amended to read as follows:
1-9 SUBCHAPTER A. HOME CARE AND COMMUNITY SUPPORT <HEALTH>
1-10 SERVICES LICENSES
1-11 SECTION 3. Section 142.001, Health and Safety Code, is
1-12 amended to read as follows:
1-13 Sec. 142.001. Definitions. In this chapter:
1-14 (1) "Certified agency" means a person who:
1-15 (A) provides a home health service; and
1-16 (B) is certified by an official of the United
1-17 States Department of Health and Human Services as in compliance
1-18 with conditions of participation in Title XVIII, Social Security
1-19 Act (42 U.S.C. Section 1395 et seq.).
1-20 (2) "Council" means the Home Care and Community
1-21 Support <Health Services> Advisory Council.
1-22 (3) "Home health <Health> service" means provision of
1-23 one or more of the following health services required by an
1-24 individual within a residence or independent living environment:
2-1 (A) nursing;
2-2 (B) physical, occupational, speech, or
2-3 respiratory therapy;
2-4 (C) a medical social service;
2-5 (D) services provided by unlicensed personnel
2-6 under the delegation of a registered nurse or physical therapist
2-7 <the service of a home health aide>;
2-8 (E) the furnishing of medical equipment and
2-9 supplies, excluding drugs and medicines; or
2-10 (F) nutritional counseling.
2-11 (4) "Home care and community support <health> agency"
2-12 means a place of business<, including a hospice,> that provides <a>
2-13 home health or personal assistance service for pay or other
2-14 consideration in a client's residence or independent living
2-15 environment <service>.
2-16 (5) "Hospice" is a specialized concept of care that
2-17 uses an interdisciplinary approach to deliver medical, social,
2-18 psychological, emotional, spiritual, and bereavement care to the
2-19 terminally ill client and the client's family <"Home health
2-20 service" means the provision, for pay or other consideration, of a
2-21 health service in a patient's residence. The term does not include
2-22 the provision of care under an attendant care program administered
2-23 by the Texas Department of Human Services>.
2-24 (6) "Independent living environment" means:
2-25 (A) a client's individual residence, which may
2-26 include a group home or foster home; and
2-27 (B) other settings in which the client
3-1 participates in activities including, but not limited to, school,
3-2 work, or church.
3-3 (7) "Person" means an individual, partnership,
3-4 corporation, or association.
3-5 (8) "Personal assistance service" means routine
3-6 ongoing care or services required by an individual in a residence
3-7 or independent living environment to engage in the activities of
3-8 daily living or to perform the physical functions required for
3-9 independent living, including respite services. The term includes
3-10 health-related services performed under circumstances defined as
3-11 not constituting the practice of professional nursing by the Board
3-12 of Nurse Examiners through a memorandum of understanding with the
3-13 department in accordance with Section 142.016 and health-related
3-14 tasks provided by unlicensed personnel under the delegation of a
3-15 registered nurse.
3-16 (9) <(7)> "Place of business" means an office of a
3-17 home care and community support <health> agency that maintains
3-18 client <patient> records or directs home health or personal
3-19 assistance services. The term includes a suboffice, a branch
3-20 office, a workroom, or any other subsidiary location.
3-21 (10) <(8)> "Residence" means a place where a person
3-22 resides and includes a home, a nursing home, or a convalescent home
3-23 <for the disabled or aged>.
3-24 (11) "Respite services" are any support options
3-25 provided on a short-term basis for the purpose of relief to the
3-26 primary caregiver in providing care to individuals of all ages with
3-27 disabilities or children or adults at risk of abuse or neglect.
4-1 SECTION 4. Section 142.002(a), Health and Safety Code, is
4-2 amended to read as follows:
4-3 (a) A person may not engage in the business of providing
4-4 home health or personal assistance services without an appropriate
4-5 license issued by the department for each place of business from
4-6 which the <home health> services are directed. A certified agency
4-7 must have a Class A license, and any other person must have a Class
4-8 B license.
4-9 SECTION 5. Section 142.0025, Health and Safety Code, is
4-10 amended to read as follows:
4-11 Sec. 142.0025. Temporary License. If a person is in the
4-12 process of becoming certified by the United States Department of
4-13 Health and Human Services to qualify as a certified agency, the
4-14 department may issue a temporary Class A home care and community
4-15 support <health> service license to the person. A temporary
4-16 license is effective as provided by board rules.
4-17 SECTION 6. Section 142.003, Health and Safety Code, is
4-18 amended to read as follows:
4-19 Sec. 142.003. Exemptions From Licensing Requirement. The
4-20 following persons need not be licensed under this chapter:
4-21 (1) a physician, dentist, registered nurse, or
4-22 physical therapist licensed under the laws of this state who
4-23 provides home health services to a patient only as a part of and
4-24 incidental to that person's private office practice;
4-25 (2) a registered nurse, licensed vocational nurse,
4-26 physical therapist, occupational therapist, speech therapist,
4-27 medical social worker, or any other health care professional as
5-1 determined by the department who provides home health services as a
5-2 sole practitioner;
5-3 (3) a <nonprofit> registry <operated by a national or
5-4 state professional association or society of licensed health care
5-5 practitioners, or a subdivision of the association or society,>
5-6 that operates solely as a clearinghouse to put consumers in contact
5-7 with persons who provide home health or personal assistance
5-8 services <licensed health care practitioners who give care in a
5-9 patient's residence> and that does not maintain official client
5-10 <patient> records, <or> direct client <patient> services, or
5-11 compensate the person providing the service;
5-12 (4) an individual whose permanent residence is in the
5-13 client's <patient's> residence;
5-14 (5) an employee of a person licensed under this
5-15 chapter who provides home health or personal assistance services
5-16 only as an employee of the license holder and who receives no
5-17 benefit for providing the services, other than wages from the
5-18 license holder;
5-19 (6) a home, nursing home, convalescent home, personal
5-20 care facility, or other institution for individuals who are elderly
5-21 or who have disabilities <the disabled or aged> that provides home
5-22 health or personal assistance services only to residents of the
5-23 home or institution;
5-24 (7) a person who provides one health service through a
5-25 contract with a person licensed under this chapter;
5-26 (8) a durable medical equipment supply company;
5-27 (9) a pharmacy or wholesale medical supply company
6-1 that does not furnish services, other than supplies, to a person at
6-2 the person's house;
6-3 (10) a hospital or other licensed health care facility
6-4 that serves only inpatient residents;
6-5 (11) a person providing home health or personal
6-6 assistance services to an injured employee under the Texas Workers'
6-7 Compensation Act (Article 8308-1.01 et seq., Vernon's Texas Civil
6-8 Statutes); <workers' compensation laws of this state (Article 8306
6-9 et seq., Revised Statutes); or>
6-10 (12) a visiting nurse service that:
6-11 (A) is conducted by and for the adherents of a
6-12 well-recognized church or religious denomination; and
6-13 (B) provides nursing services by a person exempt
6-14 from licensing by Article 4528, Revised Statutes, because the
6-15 person furnishes nursing care in which treatment is only by prayer
6-16 or spiritual means;
6-17 (13) an individual hired and paid directly by the
6-18 client or the client's family or legal guardian to provide home
6-19 health or personal assistance services;
6-20 (14) a business, school, camp, or other organization
6-21 that provides home health or personal assistance services solely to
6-22 its employees, students, or persons with a similar relationship to
6-23 the business, camp, or school;
6-24 (15) a person or organization providing
6-25 sitter/companion services or chore or household services and not
6-26 involving personal care or health or health-related services; and
6-27 (16) state agencies and each mental retardation
7-1 authority and mental health authority providing the direct delivery
7-2 of home health or personal assistance services. This provision is
7-3 in effect until August 31, 1995.
7-4 SECTION 7. Section 142.004, Health and Safety Code, is
7-5 amended to read as follows:
7-6 Sec. 142.004. License Application. (a) An applicant for a
7-7 license to provide a home health or personal assistance service
7-8 must:
7-9 (1) file a written application on a form prescribed by
7-10 the department;
7-11 (2) file with the application:
7-12 (A) the name of the owner of the service or a
7-13 list of the names of persons who own an interest in the service;
7-14 and
7-15 (B) a list of any businesses with which the
7-16 service subcontracts and in which the owner or owners of the
7-17 service hold at least five percent of the ownership;
7-18 (3) cooperate with any inspections required by the
7-19 department for a license; and
7-20 (4) pay the license fee prescribed by this chapter.
7-21 (b) In addition to the requirements of Subsection (a), if
7-22 the applicant is a certified agency when the application for a
7-23 Class A license is filed, the applicant must maintain its Medicare
7-24 certification. If the applicant is not a certified agency when the
7-25 application for a Class A license is filed, the applicant must
7-26 establish that it is in the process of receiving its certification
7-27 from the United States Department of Health and Human Services.
8-1 (c) The board by rule shall require that, at a minimum,
8-2 before the department may approve a license application, other than
8-3 an application for renewal or branch office license, the applicant
8-4 must provide to the department:
8-5 (1) documentation establishing that, at a minimum, the
8-6 applicant has sufficient financial resources to provide the
8-7 services required by this chapter and by the department during the
8-8 term of the license;
8-9 (2) a list of the management personnel for the
8-10 proposed home care and community support <health> agency, a
8-11 description of personnel qualifications, and a plan for providing
8-12 continuing training and education for the personnel during the term
8-13 of the license;
8-14 (3) documentation establishing that the applicant is
8-15 capable of meeting the minimum standards established by the board
8-16 relating to the quality of care; and
8-17 (4) a plan that provides for the orderly transfer of
8-18 care of the applicant's clients if the applicant cannot maintain or
8-19 deliver home health or personal assistance services under the
8-20 license.
8-21 SECTION 8. Section 142.005(a), Health and Safety Code, is
8-22 amended to read as follows:
8-23 (a) If an applicant for a license, other than a renewal or
8-24 branch office license, proposes to operate a home care and
8-25 community support <health> agency through a partnership,
8-26 corporation, or other business entity that includes members that
8-27 are not individuals, or through a corporation in which any of the
9-1 shares <of which> are owned by another corporation, the applicant
9-2 must:
9-3 (1) establish a corporation under the laws of this
9-4 state if the applicant is not a corporation organized under the
9-5 laws of this state;
9-6 (2) allow the department to review the competence and
9-7 financial resources of any shareholder who holds at least 10
9-8 percent of the shares of the Texas corporation;
9-9 (3) allow the department to review the history and
9-10 financial resources of each parent or health-related subsidiary of
9-11 the Texas corporation;
9-12 (4) grant the Texas corporation full authority to
9-13 operate the home care and community support <health> agency and
9-14 any subsequent home care and community support <health> agencies
9-15 for which the applicant may seek licensing under this chapter;
9-16 (5) disclose to the department any information the
9-17 department needs to conduct the reviews authorized by this
9-18 subsection; and
9-19 (6) establish a registered agent as required by
9-20 Article 2.09, Texas Business Corporation Act, to receive service of
9-21 process in this state.
9-22 SECTION 9. Section 142.006, Health and Safety Code, is
9-23 amended by amending Subsection (a) and adding Subsections (c), (d),
9-24 and (e) to read as follows:
9-25 (a) The department shall issue a Class A or Class B home
9-26 care and community support <health> service license for each place
9-27 of business to each applicant who:
10-1 (1) qualifies for the type of license requested;
10-2 (2) submits an application and license fee as required
10-3 by this chapter; and
10-4 (3) complies with all licensing standards required or
10-5 adopted by the board under this chapter.
10-6 (c) The department may find that a home care and community
10-7 support agency has satisfied the requirements for license renewal
10-8 if the agency is accredited by a national organization, such as the
10-9 Joint Commission on Accreditation of Health Organizations or the
10-10 Community Health Care Accreditation Program, and the department
10-11 finds that the accreditation organization has standards that meet
10-12 or exceed the requirements for licensure under this chapter. A
10-13 renewal fee is required of the home care and community support
10-14 agency at the time of license renewal.
10-15 (d) The department may find that a home care and community
10-16 support agency has satisfied the requirements for license renewal
10-17 if the agency is certified by any state agency that has
10-18 certification standards that meet or exceed the requirements for
10-19 licensure under this chapter.
10-20 (e) The license must designate the type of services that the
10-21 place of business is authorized to perform.
10-22 SECTION 10. Section 142.007, Health and Safety Code, is
10-23 repealed.
10-24 SECTION 11. Section 142.009, Health and Safety Code, is
10-25 amended by amending Subsections (b), (c), (d), and (e) and adding
10-26 Subsections (f) and (g) to read as follows:
10-27 (b) A home care and community support <health> agency shall
11-1 provide each person who receives home health or personal assistance
11-2 services with a written statement that contains the name, address,
11-3 and telephone number of the department and a statement that informs
11-4 consumers that a complaint against a home care and community
11-5 support <health> agency may be directed to the department.
11-6 (c) The department or its authorized representative shall
11-7 investigate each complaint received regarding the provision of home
11-8 health or personal assistance services and may, as a part of the
11-9 investigation:
11-10 (1) conduct an unannounced inspection of a place of
11-11 business, including an inspection of medical and personnel records,
11-12 if the department has reasonable cause to believe that the place of
11-13 business is in violation of this chapter or a rule adopted under
11-14 this chapter;
11-15 (2) conduct an interview with a recipient of home
11-16 health or personal assistance services, which may be conducted in
11-17 the recipient's home if the recipient consents; or
11-18 (3) interview a physician or other health care
11-19 practitioner, including a member of the personnel of a home care
11-20 and community support <health> agency, who cares for a recipient of
11-21 home health or personal assistance services.
11-22 (d) The reports, records, and working papers used or
11-23 developed in an investigation made under this section are
11-24 confidential and may not be released or made public except as
11-25 follows:
11-26 (1) to state and federal agencies;
11-27 (2) to federal, state, or local law enforcement
12-1 personnel;
12-2 (3) with the consent of each person identified in the
12-3 information released;
12-4 (4) in civil or criminal litigation matters or
12-5 licensure proceedings as otherwise allowed by law or judicial rule;
12-6 or
12-7 (5) on a form developed by the department that
12-8 identifies the deficiencies found, if any, without identifying any
12-9 person, other than the agency.
12-10 (e) The department's representative shall hold a conference
12-11 with the person in charge of the home care and community support
12-12 <health> agency before beginning the on-site inspection to explain
12-13 the nature and scope of the inspection. When the inspection is
12-14 completed, the department's representative shall hold a conference
12-15 with the person who is in charge of the agency and shall identify
12-16 any records that were duplicated. Agency records may be removed
12-17 from an agency only with the agency's consent.
12-18 (f) An agency licensed by the department as a home care and
12-19 community support agency is not subject to additional licensure
12-20 inspections relative to home health or personal assistance services
12-21 while the agency maintains accreditation for the applicable
12-22 service(s) from the Joint Commission for Accreditation of Health
12-23 Care Organizations (JCAHO), Community Health Accreditation Program
12-24 (CHAP), or other national accreditation organizations that meet or
12-25 exceed the regulations under the Home Care and Community Support
12-26 Act. Documentation from the accrediting body indicating that the
12-27 provider is accredited must be submitted to the department at the
13-1 time of the initial licensure and annually on license renewal.
13-2 (g) The department and other state agencies under the Health
13-3 and Human Services Commission contracting with home care and
13-4 community support agencies to deliver services covered under this
13-5 chapter shall execute a memorandum of understanding that
13-6 establishes procedures to eliminate or reduce duplication of
13-7 standards or conflicts between standards and in functions in
13-8 license, certification, or compliance surveys and complaint
13-9 investigations. The Health and Human Services Commission shall
13-10 approve the memorandum of understanding and review the
13-11 recommendations of the Home Care and Community Support Services
13-12 Advisory Council pertaining to the memorandum of understanding
13-13 before its approval.
13-14 SECTION 12. Section 142.010, Health and Safety Code, is
13-15 amended by amending Subsection (a) and adding Subsection (c) to
13-16 read as follows:
13-17 (a) The board shall set the home care and community support
13-18 <health> service license fees in amounts that are reasonable to
13-19 meet the costs of administering this chapter, except that the fees
13-20 may not be:
13-21 (1) less than $200 <$600> or more than $1,000 <$1,200>
13-22 for an initial Class A or Class B license; or
13-23 (2) less than $200 or more than $300 for renewal of a
13-24 branch office license.
13-25 (c) The board shall consider the size of the home care and
13-26 community support agency, the number of clients served, and other
13-27 accreditation documentation when determining the initial and
14-1 renewal license fee.
14-2 SECTION 13. Section 142.011(c), Health and Safety Code, is
14-3 amended to read as follows:
14-4 (c) The department may suspend or revoke the license of a
14-5 Class A home care and community support <health> agency that fails
14-6 to maintain its certification qualifying the agency as a certified
14-7 agency. A Class A <home health> agency that submits a request for
14-8 a hearing as provided by Subsection (d) is subject to the
14-9 requirements of this chapter relating to a Class B <home health>
14-10 agency until the suspension or revocation is finally determined by
14-11 the department or, if the license is suspended or revoked, until
14-12 the last day for seeking review of the department order or a later
14-13 date fixed by order of the reviewing court.
14-14 SECTION 14. Sections 142.012(a), (b), and (d), Health and
14-15 Safety Code, are amended to read as follows:
14-16 (a) The board with recommendations of the Home Care and
14-17 Community Support Advisory Council shall adopt rules necessary to
14-18 implement this chapter.
14-19 (b) The board by rule shall set minimum standards for home
14-20 care and community support <health> agencies licensed under this
14-21 chapter that relate to:
14-22 (1) qualifications for professional and
14-23 nonprofessional personnel;
14-24 (2) supervision of professional and nonprofessional
14-25 personnel;
14-26 (3) the provision and coordination of treatment and
14-27 services;
15-1 (4) the management, ownership, and organizational
15-2 structure, including lines of authority and delegation of
15-3 responsibility;
15-4 (5) clinical and business records;
15-5 (6) financial ability to carry out the functions as
15-6 proposed; and
15-7 (7) any other aspects of home health or personal
15-8 assistance services as necessary to protect the public.
15-9 (d) The department shall require each person or home care
15-10 and community support <health> agency providing home health or
15-11 personal assistance services to implement and enforce the
15-12 applicable provisions of Chapter 102, Human Resources Code.
15-13 SECTION 15. Section 142.014(a), Health and Safety Code, is
15-14 amended to read as follows:
15-15 (a) A person who operates a home care and community support
15-16 <health> agency without a license issued under this chapter
15-17 authorizing it to perform such services is liable for a civil
15-18 penalty of not less than $100 or more than $500 for each day of
15-19 violation.
15-20 SECTION 16. Section 142.015(a), Health and Safety Code, is
15-21 amended to read as follows:
15-22 (a) The Home Care and Community Support <Health> Services
15-23 Advisory Council is composed of the following 12 <11> members,
15-24 appointed by the governor:
15-25 (1) three consumer representatives <one representative
15-26 of the department>;
15-27 (2) one representative of the Texas Association for
16-1 Home Care, Incorporated, or its successor <two representatives of
16-2 consumers of home health agency and hospice services>;
16-3 (3) two representatives of Class A agencies providing
16-4 home health services <one representative of the Texas Department of
16-5 Human Services>;
16-6 (4) two representatives of Class B agencies providing
16-7 home health services <one representative of the Texas Association
16-8 of Home Health Agencies, Incorporated>;
16-9 (5) two representatives of agencies providing hospice
16-10 services <one representative of private nonprofit home health
16-11 agencies>; and
16-12 (6) two representatives of agencies providing personal
16-13 assistance services <one representative of voluntary nonprofit home
16-14 health agencies;>
16-15 <(7) one representative of proprietary home health
16-16 agencies;>
16-17 <(8) one representative of an official department home
16-18 health agency;>
16-19 <(9) one member to represent Medicare-certified Class
16-20 A hospice providers affiliated with a home health agency, hospital,
16-21 or other health service provider; and>
16-22 <(10) one member to represent Medicare-certified Class
16-23 A hospice providers not affiliated with a home health agency,
16-24 hospital, or other health service provider>.
16-25 SECTION 17. Subchapter A, Chapter 142, Health and Safety
16-26 Code, is amended by adding Section 142.016 to read as follows:
16-27 Sec. 142.016. MEMORANDUM OF UNDERSTANDING RELATING TO
17-1 NURSING SERVICES; GUIDELINES. (a) The Board of Nurse Examiners
17-2 and the department shall adopt a memorandum of understanding
17-3 governing the circumstances under which the provision of
17-4 health-related tasks or services does not constitute the practice
17-5 of professional nursing. The agencies shall annually review and
17-6 renew or modify the memorandum as necessary.
17-7 (b) In developing, modifying, or renewing the memorandum of
17-8 understanding, the Board of Nurse Examiners and the department
17-9 shall consult with an advisory committee appointed by the board and
17-10 the department and composed of at least the following:
17-11 (1) one representative from the Board of Nurse
17-12 Examiners and one representative from the Texas Department of
17-13 Health to serve as cochair;
17-14 (2) one representative from the Texas Department of
17-15 Mental Health and Mental Retardation;
17-16 (3) one representative from the Texas Department of
17-17 Human Services;
17-18 (4) one representative from the Texas Nurses
17-19 Association;
17-20 (5) one representative from the Texas Association of
17-21 Home Care, Incorporated;
17-22 (6) one representative of the Texas Respite Resource
17-23 Network; and
17-24 (7) two representatives of organizations that advocate
17-25 for clients in community-based settings (e.g., the Personal
17-26 Assistance Task Force, the Disability Policy Consortium).
17-27 (c) The department shall prepare guidelines based on the
18-1 memorandum of understanding for agencies licensed under this
18-2 chapter to use in providing personal assistance services to
18-3 clients.
18-4 SECTION 18. Section 142.021, Health and Safety Code, is
18-5 amended to read as follows:
18-6 Sec. 142.021. ADMINISTRATION OF <Permits to Administer>
18-7 Medication. A person may not administer medication to a client
18-8 <patient> of a home care and community support <health> agency
18-9 unless the person:
18-10 (1) holds a license under state law that authorizes
18-11 the person to administer medication;
18-12 (2) holds a permit issued under Section 142.025 and
18-13 acts under the delegated authority of a person who holds a license
18-14 under state law that authorizes the person to administer
18-15 medication; <or>
18-16 (3) performs duties as a qualified dialysis technician
18-17 within the scope authorized by board rules;
18-18 (4) administers a medication to a client in accordance
18-19 with rules of the Board of Nurse Examiners permitting the
18-20 delegation of the administration to persons not holding permits
18-21 under Section 142.025; or
18-22 (5) administers noninjectable medication under
18-23 circumstances defined by the memorandum of understanding adopted
18-24 under Section 142.016 as not constituting the practice of
18-25 professional nursing.
18-26 SECTION 19. Section 142.023, Health and Safety Code, is
18-27 amended to read as follows:
19-1 Sec. 142.023. Rules for Administration of Medication. The
19-2 board by rule shall establish:
19-3 (1) minimum requirements for the issuance, denial,
19-4 renewal, suspension, emergency suspension, and revocation of a
19-5 permit to a home health <administer> medication aide <to a patient
19-6 of a home health agency>;
19-7 (2) curricula to train a home health <persons to
19-8 administer> medication aide <to a patient of a home health agency>;
19-9 (3) minimum standards for the approval of home health
19-10 medication aide training programs <to train persons to administer
19-11 medication to patients of home health agencies> and for rescinding
19-12 approval;
19-13 (4) the acts and practices that are allowed or
19-14 prohibited to a permit holder; and
19-15 (5) minimum standards for on-site supervision of a
19-16 permit holder by a registered nurse.
19-17 SECTION 20. Section 142.024, Health and Safety Code, is
19-18 amended to read as follows:
19-19 Sec. 142.024. HOME HEALTH MEDICATION AIDE Training Programs
19-20 <to Administer Medication>. (a) An application for the approval
19-21 of a home health medication aide training program must be made to
19-22 the department on a form and under rules prescribed by the board.
19-23 (b) The department shall approve a home health medication
19-24 aide training program that meets the minimum standards adopted
19-25 under Section 142.023. The department may review the approval
19-26 annually.
19-27 SECTION 21. Section 142.025, Health and Safety Code, is
20-1 amended to read as follows:
20-2 Sec. 142.025. Issuance and Renewal of HOME HEALTH MEDICATION
20-3 AIDE Permit <to Administer Medication>. (a) To be issued or to
20-4 have renewed a home health medication aide permit <to administer
20-5 medication>, a person shall apply to the department on a form
20-6 prescribed and under rules adopted by the board.
20-7 (b) The department shall prepare and conduct an examination
20-8 for the issuance of a permit.
20-9 (c) The department shall require a permit holder to
20-10 satisfactorily complete a continuing education course approved by
20-11 the department for renewal of the permit.
20-12 (d) The department shall issue a permit or renew a permit to
20-13 an applicant who:
20-14 (1) meets the minimum requirements adopted under
20-15 Section 142.023;
20-16 (2) successfully completes the examination or the
20-17 continuing education requirements; and
20-18 (3) pays a nonrefundable application fee determined by
20-19 the board.
20-20 (e) A permit is valid for one year and is not transferable.
20-21 SECTION 22. The section heading to Section 142.026, Health
20-22 and Safety Code, is amended to read as follows:
20-23 Sec. 142.026. Fees for Issuance and Renewal of HOME HEALTH
20-24 MEDICATION AIDE Permit <to Administer Medication>.
20-25 SECTION 23. The section heading to Section 142.027, Health
20-26 and Safety Code, is amended to read as follows:
20-27 Sec. 142.027. Violation of HOME HEALTH MEDICATION AIDE
21-1 Permits <to Administer Medication>.
21-2 SECTION 24. The section heading to Section 142.028, Health
21-3 and Safety Code, is amended to read as follows:
21-4 Sec. 142.028. Emergency Suspension of HOME HEALTH MEDICATION
21-5 AIDE Permits <to Administer Medication>.
21-6 SECTION 25. Section 142.029(a), Health and Safety Code, is
21-7 amended to read as follows:
21-8 (a) A person commits an offense if the person knowingly
21-9 administers medication to a client <patient> of a home care and
21-10 community support <health> agency and the person is not authorized
21-11 to administer medication under Section 142.021 or 142.022<:>
21-12 <(1) does not hold a license under state law that
21-13 authorizes the person to administer medication; or>
21-14 <(2) does not hold a permit issued by the department
21-15 under Section 142.025>.
21-16 SECTION 26. Section 142.030(a), Health and Safety Code, is
21-17 amended to read as follows:
21-18 (a) A person authorized by this subchapter to administer
21-19 medication to a client <patient> of a home care and community
21-20 support <health> agency may not dispense dangerous drugs or
21-21 controlled substances without complying with the Texas Pharmacy Act
21-22 (Article 4542a-1, Vernon's Texas Civil Statutes).
21-23 SECTION 27. Section 248.003, Health and Safety Code, is
21-24 amended to read as follows:
21-25 Sec. 248.003. Exemptions. This chapter does not apply to:
21-26 (1) a home care and community <health> agency required
21-27 to be licensed under Chapter 142;
22-1 (2) a person required to be licensed under Chapter 241
22-2 (Texas Hospital Licensing Law);
22-3 (3) an institution required to be licensed under
22-4 Chapter 242;
22-5 (4) an ambulatory surgical center required to be
22-6 licensed under Chapter 243 (Texas Ambulatory Surgical Center
22-7 Licensing Act);
22-8 (5) a birthing center required to be licensed under
22-9 Chapter 244 (Texas Birthing Center Licensing Act);
22-10 (6) a facility required to be licensed under Chapter
22-11 245 (Texas Abortion Facility Reporting and Licensing Act); or
22-12 (7) a person providing medical or nursing care or
22-13 services under a license or permit issued under other state law.
22-14 SECTION 28. (a) The changes in law made to Sections 142.029
22-15 and 142.030, Health and Safety Code, by this Act apply only to an
22-16 offense committed on or after July 1, 1994.
22-17 (b) An offense committed before the effective date of this
22-18 Act is covered by the law in effect when the offense was committed,
22-19 and the former law is continued in effect for this purpose.
22-20 SECTION 29. The change made by this Act in the
22-21 qualifications of members of the Home Care and Community Support
22-22 Advisory Council (formerly the Home Health Services Advisory
22-23 Council) does not affect the ability of a member serving
22-24 immediately before the effective date of this Act to continue to
22-25 serve for the term for which the member was appointed.
22-26 SECTION 30. Not later than January 31, 1994, the Board of
22-27 Nurse Examiners and the Texas Department of Health shall adopt the
23-1 initial memorandum of understanding required by Section 142.016,
23-2 Health and Safety Code, as added by this Act.
23-3 SECTION 31. The changes in law made by this Act do not
23-4 affect the validity of a license or a permit to administer
23-5 medication issued by the Texas Department of Health before the
23-6 effective date of this Act. Regardless of the changes in law made
23-7 by this Act, the department shall continue to issue licenses to
23-8 qualified home health agencies, and the prior law is continued in
23-9 effect for that purpose until final rules to implement this Act are
23-10 adopted by the department and become effective. On or following
23-11 the effective date of the rules and on renewal of a license or
23-12 permit to administer medication issued by the department under
23-13 Chapter 142, Health and Safety Code, the license or permit shall be
23-14 conformed to the requirement of Chapter 142, Health and Safety
23-15 Code, as amended by this Act.
23-16 SECTION 32. The Texas Department of Health shall propose
23-17 rules to implement this Act by January 1, 1994. The department
23-18 shall adopt rules to implement this Act by June 1, 1994.
23-19 SECTION 33. The Texas Department of Health and other state
23-20 agencies under the Health and Human Services Commission shall
23-21 distribute to interested persons a draft of the memorandum of
23-22 understanding required by Section 142.009(g), Health and Safety
23-23 Code, as added by this Act, by January 1, 1994, and shall execute
23-24 the initial memorandum of understanding required by that section by
23-25 June 1, 1994.
23-26 SECTION 34. The changes in law made to Section 142.014,
23-27 Health and Safety Code, by this Act apply only to violations
24-1 occurring on or after July 1, 1994.
24-2 SECTION 35. A license as a home care and community support
24-3 agency providing home health or personal assistance services shall
24-4 not be required under Section 142.002, Health and Safety Code, as
24-5 amended by this Act, until July 1, 1994.
24-6 SECTION 36. This Act takes effect September 1, 1993.
24-7 SECTION 37. The importance of this legislation and the
24-8 crowded condition of the calendars in both houses create an
24-9 emergency and an imperative public necessity that the
24-10 constitutional rule requiring bills to be read on three several
24-11 days in each house be suspended, and this rule is hereby suspended.