Current through Reg. 49, No. 38; September 20, 2024
(a) Purpose. The purpose of this section is
to provide the qualifications, conduct, and practice activities of a medication
aide employed in a correctional facility or employed by a medical services
contractor for a correctional facility.
(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 correctional facility using the medication
aide. The medication aide must:
(1) function
in accordance with applicable law and rules relating to administration of
medication and operation of a correctional facility; and
(2) comply with TDCJ rules applicable to
personnel used in a correctional institution.
(c) Allowable practices of a corrections
medication aide. A medication aide:
(1) must
observe and report to the correctional facility's charge nurse reactions and
side effects to medication shown by an inmate;
(2) may take and record vital signs before
the administration of medication which could affect or change the vital
signs;
(3) may administer regularly
prescribed medication to an inmate if the medication aide:
(A) is trained to administer the
medication;
(B) personally prepares
the medication or sets up the medication to be administered; and
(C) documents the administration of the
medication in the inmate's clinical record;
(4) may administer oxygen per nasal cannula
or a non-sealing mask only in an emergency, after which the medication aide
must verbally notify the licensed nurse on duty or on call and appropriately
document the action and notification;
(5) may apply specifically ordered
ophthalmic, otic, nasal, vaginal, and rectal medication;
(6) may administer previously ordered PRN
medication but must document in the inmate's records any symptoms indicating
the need for the medication, and the time the symptoms occurred;
(7) may administer the initial dose of a
medication;
(8) may order an
inmate's medications from the correctional institution's pharmacy;
(9) may measure a prescribed amount of a
liquid medication to be administered;
(10) may break a tablet for administration to
an inmate if:
(A) the licensed nurse on duty
or on call has calculated the dosage; and
(B) the inmate's medication card or its
equivalent accurately documents how the tablet must be altered before
administration; and
(11)
may crush medication if:
(A) authorization is
obtained from the licensed nurse on duty or on call; and
(B) the authorization is documented on the
inmate's medication card or its equivalent.
(d) Prohibited practices of a corrections
medication aide. A medication aide may not:
(1) administer medication by the injection
route including the:
(A) intramuscular route;
(B) intravenous route;
(C) subcutaneous route;
(D) intradermal route; and
(E) hypodermoclysis route;
(2) administer medication used for
intermittent positive pressure breathing treatments or any form of medication
inhalation treatments;
(3)
calculate an inmate's medication dose for administration;
(4) crush medication, except in accordance
with subsection (c)(11) of this section;
(5) administer medications or feedings by way
of a tube inserted in a cavity of the body;
(6) receive or assume responsibility for
reducing to writing a verbal or telephone order from a physician, dentist, or
podiatrist;
(7) apply topical
medications that involve the treatment of skin that is broken or blistered or
when a specified aseptic technique is ordered by the attending licensed
practitioner;
(8) steal, divert, or
otherwise misuse medications;
(9)
violate any provision of Texas Human Resources Code §
161.083, or this
chapter;
(10) fraudulently procure
or attempt to procure a permit;
(11) neglect to administer appropriate
medications, as prescribed, in a responsible manner; or
(12) administer medications if the person is
unable to do so with reasonable skill and safety to inmates by reason of
drunkenness or excessive use of drugs, narcotics, chemicals, or any other type
of material.
(e)
Background and education requirements. Before applying for a corrections
medication aide permit under Texas Human Resources Code §
161.083, an
applicant must be:
(1) able to read, write,
speak, and understand English;
(2)
at least 18 years of age;
(3) free
of communicable diseases and in suitable physical and emotional health to
safely administer medications;
(4)
a graduate of a high school or successfully passed a general educational
development test (GED); and
(5)
employed in a correctional facility or by a medical service contractor for a
correctional facility on the first day of an applicant's medication aide
training program.
(f)
Application. An applicant for a corrections medication aide permit under this
chapter must submit an official Corrections Medication Aide application form to
HHSC through the online portal.
(1) The
applicant must submit the general statement enrollment form through the online
portal that contains:
(A) specific
information regarding personal data, certain misdemeanor and felony
convictions, work experience, education, and training;
(B) a statement that all the requirements in
subsection (e) of this section were met before the start of the
program;
(C) a statement that the
applicant understands that application fees submitted in the permit process are
nonrefundable;
(D) a statement that
the applicant understands material submitted in the application process are
nonreturnable;
(E) a statement that
the applicant understands that it is a misdemeanor to falsify any information
submitted to HHSC; and
(F) the
applicant's dated signature through the online portal.
(2) An applicant must upload through the
online portal a certified copy or a photocopy that has been notarized as a true
and exact copy of an unaltered original of the applicant's high school
graduation diploma or transcript, or the written results of a GED
test.
(3) HHSC reviews high school
or GED documentation submitted by the applicant. If HHSC determines additional
information is required, and HHSC requests additional documentation from the
applicant, the applicant must provide the documentation to HHSC.
(4) HHSC considers a corrections medication
aide permit application as officially submitted based on the submission date in
the online portal.
(5) HHSC sends a
notice through the online portal listing the additional materials required to
an applicant who does not complete the application. An application not
completed by the day of the TDCJ final exam is void.
(6) HHSC sends notice through the online
portal of application approval or deficiency in accordance with §
557.127 of this chapter (relating
to Application Processing).
(g) Fees. An applicant must pay application
and permit renewal fees for a corrections medication aide permit through the
online portal. All fees are nonrefundable, except as provided by Texas
Government Code, Chapter 2005. The fee schedule is as follows:
(1) permit application fee--$15;
(2) renewal fee--$15; and
(3) late renewal fees for permit renewals
made after the permit expires:
(A) $22.50 for
an expired permit renewed from one to 90 days after expiration; and
(B) $30 for an expired permit renewed from 91
days to one year after expiration.
(h) Examination procedures. TDCJ gives a
written examination to each applicant at a site determined by TDCJ. An
applicant with a disability, including an applicant with dyslexia as defined in
Texas Education Code §
51.970 (relating to
Instructional Material for Blind and Visually Impaired Students and Students
with Dyslexia), may request a reasonable accommodation for the examination
under the Americans with Disabilities Act.
(1)
The applicant must meet the requirements of the TDCJ training program described
in §
557.119(d) of
this chapter (relating to Training Program Requirements) before taking the
written examination.
(2) The
applicant must be tested on the subjects taught in the TDCJ training program
curriculum and correctional facility clinical experience. The examination must
test an applicant's knowledge of accurate and safe drug therapy administered to
a correctional facility inmate.
(3)
TDCJ administers the examination and determines the passing grade.
(4) TDCJ must inform HHSC through the online
portal, on the HHSC class roster form, of the final exam results for each
applicant within 15 days after completion of the exam.
(5) An applicant who is unable to attend the
applicant's scheduled examination due to unforeseen circumstances must contact
TDCJ to reschedule.
(6) If an
applicant fails the examination, TDCJ notifies HHSC and the applicant in
writing of the failure to pass the examination. The applicant may take one
subsequent examination without having to re-enroll in the training program
described in §
557.119 of this chapter.
(7) An applicant whose application for a
permit is denied under §
557.113 of this chapter (relating
to Determination of Eligibility) is ineligible to take the
examination.
(i)
Determination of eligibility. HHSC determines eligibility for a corrections
medication aide permit applicant according to §
557.113 of this chapter and
subsections (e) - (h) of this section.
(j) Renewal. A permit must be renewed in
accordance with §
557.115 of this chapter (relating
to Permit Renewal).
(k) Changes.
Medication aides must report changes in accordance with §
557.117 of this chapter (relating
to Changes).
(l) Violations,
complaints, and disciplinary actions.
(1)
Complaints. Any person may file a complaint with HHSC alleging that a person or
program has violated Texas Human Resources Code §
161.083, or this
chapter. HHSC handles complaints in the manner set forth in §
557.123 of this chapter (relating
to Violations, Complaints, and Disciplinary Actions).
(2) Investigations of abuse and neglect
complaints. Allegations of abuse and neglect of inmates by corrections
medication aides are investigated by the TDCJ Office of Inspector General.
After an investigation, the TDCJ Office of Inspector General issues a report to
HHSC with findings of abuse or neglect against the corrections medication aide.
After reviewing the report and findings, HHSC determines whether to initiate a
formal proceeding to revoke, suspend, or refuse to renew a corrections
medication aide permit. If HHSC determines a formal proceeding to revoke,
suspend, or refuse to renew a corrections medication aide permit should be
initiated, §
557.123(c) and
(d) of this chapter apply. If HHSC determines
that no formal proceeding to revoke, suspend, or refuse to renew a corrections
medication aide permit should be initiated, HHSC dismisses the complaint
against the corrections medication aide and gives written notice of the
dismissal to the corrections medication aide.
(m) Section
557.121 of this chapter (relating
to Permitting of Persons with Criminal Backgrounds) applies to corrections
medication aides under this chapter.
