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A BILL TO BE ENTITLED
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AN ACT
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relating to the assisted administration of medications for persons |
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with intellectual and developmental disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 4, Health and Safety Code, is |
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amended by adding Chapter 325 to read as follows: |
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CHAPTER 325. ASSISTANCE WITH ADMINISTRATION OF MEDICATION |
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Sec. 325.001. DEFINITIONS. In this chapter: |
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(1) "Assistance" means assistance relating to |
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medication, including assisting a person with ordering or |
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reordering medication, assisting a person with selecting the |
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correct medication, and assisting a person with taking the correct |
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dosage of the medication. |
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(2) "Assisted administration of medication" means the |
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taking or applying of medication, by the individual for whom the |
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medication is prescribed or obtained, with the assistance of an |
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unlicensed person. |
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(3) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(4) "Medication management" means the comprehensive |
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management of medications for the entire course of the medication |
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therapy by a person receiving medication therapy or for a person |
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receiving medication therapy, including management of |
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over-the-counter and prescription medications. |
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Sec. 325.002. APPLICABILITY. This chapter applies only to |
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assistance provided to certain persons with intellectual and |
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developmental disabilities who are served: |
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(1) in a facility licensed under Chapter 252, Health |
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and Safety Code; or |
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(2) by a Section 1915(c) waiver program, as defined by |
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Section 531.001, Government Code, administered by the Department of |
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Aging and Disability Services. |
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Sec. 325.003. ASSISTED ADMINISTRATION OF MEDICATION. (a) |
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The executive commissioner by rule shall authorize the assisted |
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administration of medication without the requirement that a |
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registered nurse delegate or oversee each administration. |
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(b) The executive commissioner by rule shall: |
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(1) require that each person described by Section |
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325.002 be assessed to determine the appropriate level of |
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assistance the person needs with the administration of medication, |
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including an assessment of the person's skills and knowledge of |
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over-the-counter and prescription medications; |
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(2) establish criteria related to the necessary skills |
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and knowledge that must be demonstrated to permit the person to |
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receive assisted administration of medication; |
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(3) require that each person who receives assisted |
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administration of medications receive ongoing training to address |
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the person's identified skill and knowledge deficits until the |
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person demonstrates competence in independent medication |
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management; and |
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(4) ensure that each person who receives assisted |
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administration of medication has the greatest degree of |
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independence in determining the type of assistance needed, |
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including through the use of any necessary adaptive or assistive |
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aid, device, or strategy. |
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Sec. 325.004. UNLICENSED PERSONS AUTHORIZED TO PROVIDE |
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ASSISTED ADMINISTRATION OF MEDICATION. (a) An unlicensed person |
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who is a member of the staff of a facility described by Section |
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325.002 or an employee of a person licensed or certified to provide |
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Section 1915(c) waiver program services may be authorized to |
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provide assisted administration of medication to a person described |
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by Section 325.002 only if the staff member or employee: |
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(1) is trained by a registered nurse regarding: |
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(A) the role of providing assisted |
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administration of medication; |
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(B) the responsibilities involved in providing |
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assisted administration of medication; |
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(C) basic pharmacology; |
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(D) medication side effects; and |
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(E) techniques for providing assisted |
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administration of medication; and |
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(2) receives ongoing oversight by a registered nurse |
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to ensure continued competence and appropriate performance of the |
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staff member's or employee's duties in providing assisted |
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administration of medication. |
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(b) An unlicensed person providing assisted administration |
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of medication shall verify that the correct medication is |
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administered in the correct dosage at the correct time of day |
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through the correct administration route. |
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Sec. 325.005. LICENSED PERSONS REQUIRED TO PROVIDE |
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ASSISTANCE WITH ADMINISTRATION OF MEDICATION TO CERTAIN PERSONS. A |
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licensed or certified person who is a member of the staff of a |
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facility described by Section 325.002 or an employee of a person |
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licensed or certified to provide Section 1915(c) waiver program |
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services shall administer medications to a person who does not meet |
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the criteria prescribed by Section 325.003(b)(2) to receive |
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assisted administration of medication and, as appropriate, |
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identify and address the person's skill and knowledge deficits to |
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prepare the person to receive assisted administration of medication |
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in the future. |
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SECTION 2. In developing the rules required by Chapter 325, |
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Health and Safety Code, as added by this Act, the executive |
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commissioner of the Health and Human Services Commission shall |
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convene a work group of affected stakeholders, including public and |
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private providers and registered and licensed vocational nurses |
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employed by the facilities or providers described by Section |
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325.002, Health and Safety Code, as added by this Act, and other |
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persons or entities the executive commissioner considers |
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appropriate. |
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SECTION 3. 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, 2011. |