Current through Reg. 49, No. 38; September 20, 2024
(a) General. A person may not administer
medication to a resident in a facility, an inmate in a correctional facility,
or a client receiving home health services unless the person:
(1) holds a current license under state law
which authorizes the licensee to administer medication; or
(2) holds a current permit issued under this
chapter and acts under the authority of a person who holds a current license
under state law which authorizes the licensee to administer
medication.
(b)
Supervision and applicable law and rules. A medication aide must function under
the direct supervision of a licensed nurse on duty or on call by the facility,
correctional facility, or home health agency using the medication aide. A
medication aide must:
(1) function in
accordance with applicable law and rules relating to administration of
medication and operation of a facility, correctional facility, or home health
agency; and
(2) comply with HHSC
rules applicable to personnel used in a facility or for a home health agency,
or TDCJ rules applicable to personnel in a correctional
facility.
(c)
Governmental employees. Governmental employees may receive a permit to
administer medications under this chapter as authorized by Texas Health and
Safety Code §
242.610(f)
or Texas Human Resources Code §
161.083:
(1) state supported living center employees
and employees of an intermediate care facility for persons with an intellectual
disability operated by a community center established under Texas Health and
Safety Code, Chapter 534 must comply with subsection (b) of this section and
§
557.105 of this chapter (relating
to Allowable and Prohibited Practices of a Medication Aide); §
557.107 of this chapter (relating
to Training Requirements; Nursing Graduates; Reciprocity); §
557.109 of this chapter (relating
to Application Procedures); §
557.111 of this chapter (relating
to Examination); §
557.113 of this chapter (relating
to Determination of Eligibility); §
557.115 of this chapter (relating
to Permit Renewal); §
557.117 of this chapter (relating
to Changes); §
557.119 of this chapter (relating
to Training Program Requirements); §
557.121 of this chapter (relating
to Permitting of Persons with Criminal Backgrounds; and §
557.123 of this chapter (relating
to Violations, Complaints, and Disciplinary Actions).
(2) correctional facility employees and
employees of medical services contractors for a correctional facility who
administer medication as medication aides must comply with §
557.125 of this chapter (relating
to Requirements for Corrections Medication Aides).
(3) home health employees who administer
medication as medication aides must comply with §
557.128 of this chapter (relating
to Home Health Medication Aides).
(d) medication aides in nursing facilities.
Persons employed as medication aides in a Medicare skilled nursing facility or
a Medicaid nursing facility must comply with the requirements relating to nurse
aides as set forth in United States Code, Part 42 §1396r(b)(5) and Chapter
556 of this title (relating to Nurse Aides).
(e) Exemptions.
(1) A person may administer medication to a
resident in a facility without the license or permit as required in subsection
(a) of this section, if the person is:
(A) a
graduate nurse holding a temporary permit issued by the BON;
(B) a student enrolled in an accredited
school of nursing or program for the education of registered nurses who is
administering medications as part of the student's clinical
experience;
(C) a graduate
vocational nurse holding a temporary permit issued by the BON;
(D) a student enrolled in an accredited
school of vocational nursing or program for the education of vocational nurses
who is administering medications as part of the student's clinical experience;
or
(E) a trainee in a medication
aide training program approved by HHSC under this chapter who is administering
medications as part of the trainee's clinical experience.
(2) A student described in paragraph (1)(B),
(D), or (E) of this subsection may administer medication only as part of the
student's clinical experience.
(3)
A person described in paragraph (1) of this subsection must act under the
supervision of an individual as set forth in applicable law and
rules.
