84R12769 JSC-D
 
  By: Herrero H.B. No. 3755
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to administration of medication to residents of certain
  assisted living and boarding home facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 247, Health and Safety
  Code, is amended by adding Section 247.0256 to read as follows:
         Sec. 247.0256.  MEDICATION ADMINISTRATION ASSISTANCE. (a)
  Notwithstanding any other provision or rule, a resident who needs
  assistance with medication administration may authorize a family
  member or another person who is not an employee of the assisted
  living facility to:
               (1)  administer the resident's medications; or 
               (2)  supervise or assist with the resident's medication
  administration.
         (b)  An authorization under this section must be in writing
  and be signed by:
               (1)  the resident;
               (2)  the person assuming responsibility for:
                     (A)  administration of medication; or 
                     (B)  supervision of or assistance with the
  administration of medication; and 
               (3)  a representative of the assisted living facility.
         (c)  An assisted living facility that is party to an
  agreement under this section is not liable for any damages caused
  by:
               (1)  improper administration of medication;
               (2)  improper supervision of or assistance with
  administration of medication;
               (3)  failure to administer medication; or
               (4)  failure to supervise or assist with the
  administration of medication.
         (d)  The agreement under this section may be terminated at
  any time by the resident communicating to the assisted living
  facility that the resident wishes to terminate the agreement. On
  termination of the agreement, the facility shall reassume any
  applicable duties with respect to the resident's medication.
         SECTION 2.  Chapter 260, Health and Safety Code, is amended
  by adding Section 260.0031 to read as follows:
         Sec. 260.0031.  MEDICATION ADMINISTRATION ASSISTANCE. (a)
  Notwithstanding any other provision or rule, a resident who needs
  assistance with self-administering medication may authorize a
  family member or another person who is not an employee of the
  boarding home facility to provide that assistance.
         (b)  An authorization under this section must be in writing
  and be signed by:
               (1)  the resident;
               (2)  the person assuming responsibility for assistance
  with self-administering medication; and 
               (3)  a representative of the boarding home facility.
         (c)  A boarding home facility that is party to an agreement
  under this section is not liable for any damages caused by:
               (1)  improper assistance with self-administering
  medication; or 
               (2)  failure to provide assistance with
  self-administering medication.
         (d)  The agreement under this section may be terminated at
  any time by the resident communicating to the boarding home
  facility that the resident wishes to terminate the agreement. On
  termination of the agreement, the facility shall reassume providing
  assistance with self-administering medication.
         SECTION 3.  The executive commissioner of the Health and
  Human Services Commission may adopt forms for use in an agreement
  under Section 247.0256 or 260.0031, Health and Safety Code, as
  added by this Act.
         SECTION 4.  This Act takes effect September 1, 2015.