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A BILL TO BE ENTITLED
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AN ACT
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relating to delivery of certain services through consumer direction |
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to elderly persons and persons with disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.051, Government Code, is amended by |
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adding Subsections (e) and (f) to read as follows: |
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(e) Section 301.251(a), Occupations Code, does not apply to |
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delivery of a service for which payment is provided under the |
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consumer-directed service option developed under this section if: |
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(1) the person who delivers the service: |
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(A) has not been denied a license under Chapter |
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301, Occupations Code; |
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(B) has not been issued a license under Chapter |
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301, Occupations Code, that is revoked or suspended; and |
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(C) performs a service that is not expressly |
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prohibited from delegation by the Texas Board of Nursing; and |
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(2) the consumer who receives the service: |
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(A) has a disability and the service would have |
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been performed by the consumer or the consumer's legally authorized |
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representative except for that disability; and |
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(B) if: |
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(i) the consumer is capable of training the |
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person in the proper performance of the service, the consumer |
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directs the person to deliver the service; or |
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(ii) the consumer is not capable of |
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training the person in the proper performance of the service, the |
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consumer's legally authorized representative is capable of |
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training the person in the proper performance of the service and |
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directs the person to deliver the service. |
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(f) If the person delivers the service under Subsection |
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(e)(2)(B)(ii), the legally authorized representative must be |
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present when the service is performed or be immediately accessible |
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to the person who delivers the service. If the person will perform |
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the service when the representative is not present, the |
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representative must observe the person performing the service at |
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least once to assure the representative that the person performing |
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the service can competently perform that service. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |