By:  McDonald                                         H.B. No. 1551
       73R4467 DLF-F
                                 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 or hospice service;
   1-16  and
   1-17                    (B)  is certified by an official of the United
   1-18  States Department of Health and Human Services as in compliance
   1-19  with conditions of participation in Title XVIII, Social Security
   1-20  Act (42 U.S.C. Section 1395 et seq.).
   1-21              (2)  "Council" means the Home Care and Community
   1-22  Support <Health Services> Advisory Council.
   1-23              (3)  "Home health <Health> service" means provision of
   1-24  one or more of the following health services required by an
    2-1  individual in a residence or independent living environment:
    2-2                    (A)  nursing;
    2-3                    (B)  physical, occupational, speech, or
    2-4  respiratory therapy;
    2-5                    (C)  a medical social service;
    2-6                    (D)  services provided by an unlicensed person
    2-7  under the supervision of a registered nurse <the service of a home
    2-8  health aide>;
    2-9                    (E)  the furnishing of medical equipment and
   2-10  supplies, excluding drugs and medicines; or
   2-11                    (F)  nutritional counseling.
   2-12              (4)  "Home care and community support <health> agency"
   2-13  means a place of business<, including a hospice,> that provides <a>
   2-14  home health, hospice, or personal assistance services for pay or
   2-15  other consideration in a client's residence or independent living
   2-16  environment <service>.
   2-17              (5)  "Hospice" means a specialized concept of care that
   2-18  uses an interdisciplinary approach to deliver medical, social,
   2-19  psychological, emotional, spiritual, and bereavement care to a
   2-20  terminally ill client and the client's family <"Home health
   2-21  service" means the provision, for pay or other consideration, of a
   2-22  health service in a patient's residence.  The term does not include
   2-23  the provision of care under an attendant care program administered
   2-24  by the Texas Department of Human Services>.
   2-25              (6)  "Independent living environment" means:
   2-26                    (A)  a client's individual residence, including a
   2-27  group home or foster home; and
    3-1                    (B)  other settings in which the client
    3-2  participates in activities including school, 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.  The term includes health-related services
   3-10  performed under circumstances defined as not constituting the
   3-11  practice of professional nursing by the Board of Nurse Examiners
   3-12  through a memorandum of understanding with the department under
   3-13  Section 142.016.
   3-14              (9) <(7)>  "Place of business" means an office of a
   3-15  home care and community support <health> agency that maintains
   3-16  client <patient> records or directs home health,  hospice, or
   3-17  personal assistance services.  The term includes a suboffice, a
   3-18  branch office, a workroom, or any other subsidiary location.
   3-19              (10) <(8)>  "Residence" means a place where a person
   3-20  resides and includes a home, a nursing home, or a convalescent home
   3-21  <for the disabled or aged>.
   3-22        SECTION 4.  Section 142.002(a), Health and Safety Code, is
   3-23  amended to read as follows:
   3-24        (a)  A person may not engage in the business of providing
   3-25  home health, hospice, or personal assistance  services without an
   3-26  appropriate license issued by the department for each place of
   3-27  business from which the <home health> services are directed.  A
    4-1  certified agency must have a Class A license, and any other person
    4-2  must have a Class B license.
    4-3        SECTION 5.  Section 142.0025, Health and Safety Code, is
    4-4  amended to read as follows:
    4-5        Sec. 142.0025.  Temporary License.  If a person is in the
    4-6  process of becoming certified by the United States Department of
    4-7  Health and Human Services to qualify as a certified agency, the
    4-8  department may issue a temporary Class A home health or hospice
    4-9  service license to the person.  A temporary license is effective as
   4-10  provided by board rules.
   4-11        SECTION 6.  Section 142.003, Health and Safety Code, is
   4-12  amended to read as follows:
   4-13        Sec. 142.003.  Exemptions From Licensing Requirement.  The
   4-14  following persons need not be licensed under this chapter:
   4-15              (1)  a physician, dentist, registered nurse, or
   4-16  physical therapist licensed under the laws of this state who
   4-17  provides home health services to a patient only as a part of and
   4-18  incidental to that person's private office practice;
   4-19              (2)  a registered nurse, licensed vocational nurse,
   4-20  physical therapist, occupational therapist, speech therapist,
   4-21  medical social worker, or any other health care professional as
   4-22  determined by the department who provides home health services as a
   4-23  sole practitioner;
   4-24              (3)  a <nonprofit> registry <operated by a national or
   4-25  state professional association or society of licensed health care
   4-26  practitioners, or a subdivision of the association or society,>
   4-27  that operates solely as a clearinghouse to put consumers in contact
    5-1  with persons who provide home health, hospice, or personal
    5-2  assistance services <licensed health care practitioners who give
    5-3  care in a patient's residence> and that does not maintain official
    5-4  client <patient> records, <or> direct client <patient> services
    5-5  compensate the person providing the service;
    5-6              (4)  an individual whose permanent residence is in the
    5-7  client's <patient's>  residence;
    5-8              (5)  an employee of a person licensed under this
    5-9  chapter who provides home health, hospice, or personal assistance
   5-10  services only as an employee of the license holder and who receives
   5-11  no benefit for providing the services, other than wages from the
   5-12  license holder;
   5-13              (6)  a home, nursing home, convalescent home, or other
   5-14  institution for the disabled or aged that provides home health or
   5-15  personal assistance services only to residents of the home or
   5-16  institution;
   5-17              (7)  a person who provides one health service through a
   5-18  contract with a person licensed under this chapter;
   5-19              (8)  a durable medical equipment supply company;
   5-20              (9)  a pharmacy or wholesale medical supply company
   5-21  that does not furnish services, other than supplies, to a person at
   5-22  the person's house;
   5-23              (10)  a hospital or other licensed health care facility
   5-24  that serves only inpatient residents;
   5-25              (11)  a person providing home health or personal
   5-26  assistance services to an injured employee under the Texas Workers'
   5-27  Compensation Act (Article 8308-1.01 et seq., Vernon's Texas Civil
    6-1  Statutes) <workers' compensation laws of this state (Article 8306
    6-2  et seq., Revised Statutes)>; <or>
    6-3              (12)  a visiting nurse service that:
    6-4                    (A)  is conducted by and for the adherents of a
    6-5  well-recognized church or religious denomination; and
    6-6                    (B)  provides nursing services by a person exempt
    6-7  from licensing by Article 4528, Revised Statutes, because the
    6-8  person furnishes nursing care in which treatment is only by prayer
    6-9  or spiritual means;
   6-10              (13)  an individual hired and paid directly by the
   6-11  client or the client's family or legal guardian to provide home
   6-12  health or personal assistance services; and
   6-13              (14)  a business, camp, or school that provides home
   6-14  health or personal assistance services only to its employees or
   6-15  students, or to other persons with a similar relationship to the
   6-16  business, camp, or school.
   6-17        SECTION 7.  Section 142.004, Health and Safety Code, is
   6-18  amended to read as follows:
   6-19        Sec. 142.004.  License Application.  (a)  An applicant for a
   6-20  license to provide a home health, hospice, or personal assistance
   6-21  service must:
   6-22              (1)  file a written application on a form prescribed by
   6-23  the department;
   6-24              (2)  file with the application:
   6-25                    (A)  the name of the owner of the service or a
   6-26  list of the names of persons who own an interest in the service;
   6-27  and
    7-1                    (B)  a list of any businesses with which the
    7-2  service subcontracts and in which the owner or owners of the
    7-3  service hold at least five percent of the ownership;
    7-4              (3)  cooperate with any inspections required by the
    7-5  department for a license; and
    7-6              (4)  pay the license fee prescribed by this chapter.
    7-7        (b)  In addition to the requirements of Subsection (a), if
    7-8  the applicant is a certified agency when the application for a
    7-9  Class A license is filed, the applicant must maintain its Medicare
   7-10  certification.  If the applicant is not a certified agency when the
   7-11  application for a Class A license is filed, the applicant must
   7-12  establish that it is in the process of receiving its certification
   7-13  from the United States Department of Health and Human Services.
   7-14        (c)  The board by rule shall require that, at a minimum,
   7-15  before the department may approve a license application, other than
   7-16  an application for a renewal or branch office license, the
   7-17  applicant must provide to the department:
   7-18              (1)  documentation establishing that, at a minimum, the
   7-19  applicant has sufficient financial resources to provide the
   7-20  services required by this chapter and by the department during the
   7-21  term of the license;
   7-22              (2)  a list of the management personnel for the
   7-23  proposed home care and community support <health> agency, a
   7-24  description of personnel qualifications, and a plan for providing
   7-25  continuing training and education for the personnel during the term
   7-26  of the license;
   7-27              (3)  documentation establishing that the applicant is
    8-1  capable of meeting the minimum standards established by the board
    8-2  relating to the quality of care; and
    8-3              (4)  a plan that provides for the orderly transfer of
    8-4  care of the applicant's clients if the applicant cannot maintain or
    8-5  deliver home health, hospice, or personal assistance services under
    8-6  the license.
    8-7        SECTION 8.  Section 142.005(a), Health and Safety Code, is
    8-8  amended to read as follows:
    8-9        (a)  If an applicant for a license, other than a renewal or
   8-10  branch office license, proposes to operate a home care and
   8-11  community support <health> agency through a partnership,
   8-12  corporation, or other business entity that includes members that
   8-13  are not individuals, or through a corporation the shares of which
   8-14  are owned by another corporation, the applicant must:
   8-15              (1)  establish a corporation under the laws of this
   8-16  state if the applicant is not a corporation organized under the
   8-17  laws of this state;
   8-18              (2)  allow the department to review the competence and
   8-19  financial resources of any shareholder who holds at least 10
   8-20  percent of the shares of the Texas corporation;
   8-21              (3)  allow the department to review the history and
   8-22  financial resources of each parent or health-related subsidiary of
   8-23  the Texas corporation;
   8-24              (4)  grant the Texas corporation full authority to
   8-25  operate the home care and community support <health>  agency and
   8-26  any subsequent home care and community support <health> agencies
   8-27  for which the applicant may seek licensing under this chapter;
    9-1              (5)  disclose to the department any information the
    9-2  department needs to conduct the reviews authorized by this
    9-3  subsection; and
    9-4              (6)  establish a registered agent as required by
    9-5  Article 2.09, Texas Business Corporation Act, to receive service of
    9-6  process in this state.
    9-7        SECTION 9.  Section 142.006, Health and Safety Code, is
    9-8  amended by amending Subsection (a) and adding Subsections (c), (d),
    9-9  and (e) to read as follows:
   9-10        (a)  The department shall issue a Class A or Class B home
   9-11  care and community support <health> service license for each place
   9-12  of business to each applicant who:
   9-13              (1)  qualifies for the type of license requested;
   9-14              (2)  submits an application and license fee as required
   9-15  by this chapter; and
   9-16              (3)  complies with all licensing standards required or
   9-17  adopted by the board under this chapter.
   9-18        (c)  The department may find that a home care and community
   9-19  support agency has satisfied the requirements for license renewal
   9-20  if the agency is accredited by a national accreditation
   9-21  organization, such as the Joint Commission on Accreditation of
   9-22  Health Organizations or the Community Health Care Accreditation
   9-23  Program, and the department finds that the accreditation
   9-24  organization has standards that meet or exceed the requirements for
   9-25  licensure under this chapter.
   9-26        (d)  The department may find that a home care and community
   9-27  support agency has satisfied the requirements for license renewal
   10-1  if the agency is certified by another state agency that has
   10-2  certification standards that meet or exceed the requirements for
   10-3  licensure under this chapter.
   10-4        (e)  The license must designate the type of services that the
   10-5  place of business is authorized to perform.
   10-6        SECTION 10.  Section 142.007, Health and Safety Code, is
   10-7  amended to read as follows:
   10-8        Sec. 142.007.  HOSPICE.  If the agency meets the standards
   10-9  adopted by the board for hospice services, a home care and
  10-10  community support <health> service license may state that the <a
  10-11  home health> agency is a hospice.  A business may not use the term
  10-12  "hospice" in its name or to describe its services unless it is
  10-13  licensed under this chapter.
  10-14        SECTION 11.  Sections 142.009(b), (c), and (e), Health and
  10-15  Safety Code, are amended to read as follows:
  10-16        (b)  A home care and community support <health> agency shall
  10-17  provide each person who receives home health, hospice, or personal
  10-18  assistance services with a written statement that contains the
  10-19  name, address, and telephone number of the department and a
  10-20  statement that informs consumers that a complaint against a home
  10-21  care and community support <health> agency may be directed to the
  10-22  department.
  10-23        (c)  The department or its authorized representative shall
  10-24  investigate each complaint received regarding the provision of home
  10-25  health, hospice, or personal assistance services and may, as a part
  10-26  of the investigation:
  10-27              (1)  conduct an unannounced inspection of a place of
   11-1  business, including an inspection of medical and personnel records,
   11-2  if the department has reasonable cause to believe that the place of
   11-3  business is in violation of this chapter or a rule adopted under
   11-4  this chapter;
   11-5              (2)  conduct an interview with a recipient of home
   11-6  health, hospice, or personal assistance services, which may be
   11-7  conducted in the recipient's home if the recipient consents; or
   11-8              (3)  interview a physician or other health care
   11-9  practitioner, including a member of the personnel of a home care
  11-10  and community support <health> agency, who cares for a recipient of
  11-11  home health, hospice, or personal assistance services.
  11-12        (e)  The department's representative shall hold a conference
  11-13  with the person in charge of the home care and community support
  11-14  <health> agency before beginning the on-site inspection to explain
  11-15  the nature and scope of the inspection.  When the inspection is
  11-16  completed, the department's representative shall hold a conference
  11-17  with the person who is in charge of the agency and shall identify
  11-18  any records that were duplicated.  Agency records may be removed
  11-19  from an agency only with the agency's consent.
  11-20        SECTION 12.  Section 142.010(a), Health and Safety Code, is
  11-21  amended to read as follows:
  11-22        (a)  The board shall set the home care and community support
  11-23  <health> service license fees in amounts that are reasonable to
  11-24  meet the costs of administering this chapter, except that the fees
  11-25  may not be:
  11-26              (1)  less than $600 or more than $1,200 for an initial
  11-27  Class A or Class B license; or
   12-1              (2)  less than $200 or more than $300 for renewal of a
   12-2  branch office license.
   12-3        SECTION 13.  Section 142.011(c), Health and Safety Code, is
   12-4  amended to read as follows:
   12-5        (c)  The department may suspend or revoke the license of a
   12-6  Class A home care and community support <health> agency that fails
   12-7  to maintain its certification qualifying the agency as a certified
   12-8  agency.  A Class A <home health> agency that submits a request for
   12-9  a hearing as provided by Subsection (d) is subject to the
  12-10  requirements of this chapter relating to a Class B <home health>
  12-11  agency until the suspension or revocation is finally determined by
  12-12  the department or, if the license is suspended or revoked, until
  12-13  the last day for seeking review of the department order or a later
  12-14  date fixed by order of the reviewing court.
  12-15        SECTION 14.  Sections 142.012(b) and (d), Health and Safety
  12-16  Code, are amended to read as follows:
  12-17        (b)  The board by rule shall set minimum standards for home
  12-18  care and community support <health> agencies licensed under this
  12-19  chapter that relate to:
  12-20              (1)  qualifications for professional and
  12-21  nonprofessional personnel;
  12-22              (2)  supervision of professional and nonprofessional
  12-23  personnel;
  12-24              (3)  the provision and coordination of treatment and
  12-25  services;
  12-26              (4)  the organizational structure, including lines of
  12-27  authority and delegation of responsibility;
   13-1              (5)  clinical and business records;
   13-2              (6)  financial ability to carry out the functions as
   13-3  proposed; and
   13-4              (7)  any other aspects of home health, hospice, or
   13-5  personal assistance services as necessary to protect the public.
   13-6        (d)  The department shall require each person or home care
   13-7  and community support <health> agency providing home health,
   13-8  hospice, or personal assistance services to implement and enforce
   13-9  the applicable provisions of Chapter 102, Human Resources Code.
  13-10        SECTION 15.  Section 142.014(a), Health and Safety Code, is
  13-11  amended to read as follows:
  13-12        (a)  A person who operates a home care and community support
  13-13  <health> agency without a license issued under this chapter is
  13-14  liable for a civil penalty of not less than $100 or more than $500
  13-15  for each day of violation.
  13-16        SECTION 16.  Section 142.015(a), Health and Safety Code, is
  13-17  amended to read as follows:
  13-18        (a)  The Home Care and Community Support <Health> Services
  13-19  Advisory Council is composed of the following 11 members, appointed
  13-20  by the governor:
  13-21              (1)  one representative of the department;
  13-22              (2)  two representatives of consumers of home health,
  13-23  <agency and> hospice, or personal assistance services;
  13-24              (3)  one representative of the Texas Department of
  13-25  Human Services;
  13-26              (4)  one representative of the Texas Association for
  13-27  <of> Home Care <Health Agencies>, Incorporated or its successor;
   14-1              (5)  one representative of private nonprofit home care
   14-2  and community support <health> agencies;
   14-3              (6)  one representative of voluntary nonprofit home
   14-4  care and community support <health> agencies;
   14-5              (7)  one representative of proprietary home care and
   14-6  community support <health> agencies;
   14-7              (8)  one representative of an official department home
   14-8  care and community support <health> agency;
   14-9              (9)  one member to represent Medicare-certified Class A
  14-10  hospice providers affiliated with a home care and community support
  14-11  <health> agency, hospital, or other health service provider; and
  14-12              (10)  one member to represent Medicare-certified Class
  14-13  A hospice providers not affiliated with a home care and community
  14-14  support <health> agency, hospital, or other health service
  14-15  provider.
  14-16        SECTION 17.  Subchapter A, Chapter 142, Health and Safety
  14-17  Code, is amended by adding Section 142.016 to read as follows:
  14-18        Sec. 142.016.  MEMORANDUM OF UNDERSTANDING RELATING TO
  14-19  NURSING SERVICES; GUIDELINES.  (a)  The Board of Nurse Examiners
  14-20  and the department shall adopt a memorandum of understanding
  14-21  governing the circumstances under which the provision of
  14-22  health-related services do not constitute the practice of
  14-23  professional nursing.  The agencies shall annually review and renew
  14-24  or modify the memorandum as necessary.
  14-25        (b)  In developing, modifying, or renewing the memorandum of
  14-26  understanding, the Board of Nurse Examiners and the department
  14-27  shall consult with an advisory committee appointed by the board and
   15-1  the department and composed of:
   15-2              (1)  representatives of home care and community support
   15-3  agencies;
   15-4              (2)  professional nurses;
   15-5              (3)  persons with disabilities;
   15-6              (4)  respite providers; and
   15-7              (5)  other persons selected by the board and
   15-8  department.
   15-9        (c)  The department shall prepare guidelines based on the
  15-10  memorandum of understanding for agencies licensed under this
  15-11  chapter to use in providing personal assistance services to
  15-12  clients.
  15-13        SECTION 18.  Section 142.021, Health and Safety Code, is
  15-14  amended to read as follows:
  15-15        Sec. 142.021.  ADMINISTRATION OF <Permits to Administer>
  15-16  Medication.  A person may not administer medication to a client
  15-17  <patient> of a home care and community support <health> agency
  15-18  unless the person:
  15-19              (1)  holds a license under state law that authorizes
  15-20  the person to administer medication;
  15-21              (2)  holds a permit issued under Section 142.025 and
  15-22  acts under the delegated authority of a person who holds a license
  15-23  under state law that authorizes the person to administer
  15-24  medication; <or>
  15-25              (3)  performs duties as a qualified dialysis technician
  15-26  within the scope authorized by board rules;
  15-27              (4)  administers a medication to a client in accordance
   16-1  with rules of the Board of Nurse Examiners permitting the
   16-2  delegation of the administration to a person not holding a permit
   16-3  under Section 142.025; or
   16-4              (5)  administers noninjectable medication under
   16-5  circumstances defined by the memorandum of understanding adopted
   16-6  under Section 142.016 as not constituting the practice of
   16-7  professional nursing.
   16-8        SECTION 19.  Section 142.023, Health and Safety Code, is
   16-9  amended to read as follows:
  16-10        Sec. 142.023.  Rules for Administration of Medication.  The
  16-11  board by rule shall establish:
  16-12              (1)  minimum requirements for the issuance, denial,
  16-13  renewal, suspension, emergency suspension, and revocation of a
  16-14  permit to a home health <administer> medication aide <to a patient
  16-15  of a home health agency>;
  16-16              (2)  curricula to train a home health <persons to
  16-17  administer> medication aide <to a patient of a home health agency>;
  16-18              (3)  minimum standards for the approval of home health
  16-19  medication aide training programs <to train persons to administer
  16-20  medication to patients of home health agencies> and for rescinding
  16-21  approval;
  16-22              (4)  the acts and practices that are allowed or
  16-23  prohibited to a permit holder; and
  16-24              (5)  minimum standards for on-site supervision of a
  16-25  permit holder by a registered nurse.
  16-26        SECTION 20.  Section 142.024, Health and Safety Code, is
  16-27  amended to read as follows:
   17-1        Sec. 142.024.  HOME HEALTH MEDICATION AIDE Training Programs
   17-2  <to Administer Medication>.  (a)  An application for the approval
   17-3  of a home health medication aide training program must be made to
   17-4  the department on a form and under rules prescribed by the board.
   17-5        (b)  The department shall approve a home health medication
   17-6  aide training program that meets the minimum standards adopted
   17-7  under Section 142.023.  The department may review the approval
   17-8  annually.
   17-9        SECTION 21.  Section 142.025, Health and Safety Code, is
  17-10  amended to read as follows:
  17-11        Sec. 142.025.  Issuance and Renewal of HOME HEALTH MEDICATION
  17-12  AIDE Permit <to Administer Medication>.  (a)  To be issued or to
  17-13  have renewed a home health medication aide permit <to administer
  17-14  medication>, a person shall apply to the department on a form
  17-15  prescribed and under rules adopted by the board.
  17-16        (b)  The department shall prepare and conduct an examination
  17-17  for the issuance of a permit.
  17-18        (c)  The department shall require a permit holder to
  17-19  satisfactorily complete a continuing education course approved by
  17-20  the department for renewal of the permit.
  17-21        (d)  The department shall issue a permit or renew a permit to
  17-22  an applicant who:
  17-23              (1)  meets the minimum requirements adopted under
  17-24  Section 142.023;
  17-25              (2)  successfully completes the examination or the
  17-26  continuing education requirements; and
  17-27              (3)  pays a nonrefundable application fee determined by
   18-1  the board.
   18-2        (e)  A permit is valid for one year and is not transferable.
   18-3        SECTION 22.  The section heading to Section 142.026, Health
   18-4  and Safety Code, is amended to read as follows:
   18-5        Sec. 142.026.  Fees for Issuance and Renewal of HOME HEALTH
   18-6  MEDICATION AIDE Permit <to Administer Medication>.
   18-7        SECTION 23.  The section heading to Section 142.027, Health
   18-8  and Safety Code, is amended to read as follows:
   18-9        Sec. 142.027.  Violation of HOME HEALTH MEDICATION AIDE
  18-10  Permits <to Administer Medication>.
  18-11        SECTION 24.  The section heading to Section 142.028, Health
  18-12  and Safety Code, is amended to read as follows:
  18-13        Sec. 142.028.  Emergency Suspension of HOME HEALTH MEDICATION
  18-14  AIDE Permits <to Administer Medication>.
  18-15        SECTION 25.  Section 142.029(a), Health and Safety Code, is
  18-16  amended to read as follows:
  18-17        (a)  A person commits an offense if the person knowingly
  18-18  administers medication to a client <patient> of a home care and
  18-19  community support <health> agency and the person is not authorized
  18-20  to administer the medication under Section 142.021 or 142.022<:>
  18-21              <(1)  does not hold a license under state law that
  18-22  authorizes the person to administer medication; or>
  18-23              <(2)  does not hold a permit issued by the department
  18-24  under Section 142.025>.
  18-25        SECTION 26.  Section 142.030(a), Health and Safety Code, is
  18-26  amended to read as follows:
  18-27        (a)  A person authorized by this subchapter to administer
   19-1  medication to a client <patient> of a home care and community
   19-2  support <health> agency may not dispense dangerous drugs or
   19-3  controlled substances without complying with the Texas Pharmacy Act
   19-4  (Article 4542a-1, Vernon's Texas Civil Statutes).
   19-5        SECTION 27.  Section 248.003, Health and Safety Code, is
   19-6  amended to read as follows:
   19-7        Sec. 248.003.  Exemptions.  This chapter does not apply to:
   19-8              (1)  a home care and community support <health> agency
   19-9  required to be licensed under Chapter 142;
  19-10              (2)  a person required to be licensed under Chapter 241
  19-11  (Texas Hospital Licensing Law);
  19-12              (3)  an institution required to be licensed under
  19-13  Chapter 242;
  19-14              (4)  an ambulatory surgical center required to be
  19-15  licensed under Chapter 243 (Texas Ambulatory Surgical Center
  19-16  Licensing Act);
  19-17              (5)  a birthing center required to be licensed under
  19-18  Chapter 244 (Texas Birthing Center Licensing Act);
  19-19              (6)  a facility required to be licensed under Chapter
  19-20  245 (Texas Abortion Facility Reporting and Licensing Act); or
  19-21              (7)  a person providing medical or nursing care or
  19-22  services under a license or permit issued under other state law.
  19-23        SECTION 28.  (a)  The changes in law made to Sections 142.028
  19-24  and 142.030, Health and Safety Code, by this Act apply only to an
  19-25  offense committed on or after the effective date of this Act.  For
  19-26  purposes of this section, an offense is committed before the
  19-27  effective date of this Act if any element of the offense occurs
   20-1  before the effective date.
   20-2        (b)  An offense committed before the effective date of this
   20-3  Act is covered by the law in effect when the offense was committed,
   20-4  and the former law is continued in effect for this purpose.
   20-5        SECTION 29.  The change made by this Act in the
   20-6  qualifications of members of the Home Care and Community Support
   20-7  Advisory Council (formerly the Home Health Care Advisory Council)
   20-8  does not affect the ability of a member serving immediately before
   20-9  the effective date of this Act to continue to serve for the term
  20-10  for which the member was appointed.
  20-11        SECTION 30.  Not later than November 30, 1993, the Board of
  20-12  Nurse Examiners and the Texas Department of Health shall adopt the
  20-13  initial memorandum of understanding required by Section 142.016,
  20-14  Health and Safety Code, as added by this Act.
  20-15        SECTION 31.  The changes in law made by this Act do not
  20-16  affect the validity of a license or a permit to administer
  20-17  medication issued by the department under Chapter 142, Health and
  20-18  Safety Code, before the effective date of this Act.  On renewal, a
  20-19  license issued to a home health agency before the effective date of
  20-20  this Act shall be conformed to the requirements of Chapter 142,
  20-21  Health and Safety Code, as amended by this Act.
  20-22        SECTION 32.  This Act takes effect September 1, 1993.
  20-23        SECTION 33.  The importance of this legislation and the
  20-24  crowded condition of the calendars in both houses create an
  20-25  emergency and an imperative public necessity that the
  20-26  constitutional rule requiring bills to be read on three several
  20-27  days in each house be suspended, and this rule is hereby suspended.