HBA-NRS H.B. 456 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 456 By: Maxey Public Health 2/11/2001 Introduced BACKGROUND AND PURPOSE Currently, under the state's voucher payment program, a person with a disability may use the voucher payment option to pay for certain health care services. Many of the tasks, such as regularly scheduled oral and topical medication administration, feeding, and medication administration through permanently placed gastrostomy tubes are normally performed by the primary caregiver. The purpose of House Bill 456 is to allow an unlicensed personal attendant hired by a consumer participating in the voucher payment program to perform those responsibilities under the direction of the consumer without the supervision of a licensed nurse who delegates or intervenes in those responsibilities. H.B. 456 exempts professional nursing services provided to persons with disabilities under the voucher payment program from nursing licensing requirements. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 456 amends the Government Code to provide that the provision prohibiting a person from practicing or offering to practice professional nursing in this state unless the person is properly licensed does not apply to delivery of a service for which payment is provided under the voucher payment program, if the person who delivers the service has not been denied a license as a registered nurse or a licensed vocational nurse and has not been issued a license as a registered nurse that is revoked or suspended. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.