Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES
Subchapter C - SERVICE DELIVERY IN ALL CMPAS OPTIONS
Section 44.304 - Allowable and Unallowable Tasks

Universal Citation: 40 TX Admin Code ยง 44.304

Current through Reg. 49, No. 38; September 20, 2024

(a) Allowable tasks. Except as otherwise provided in subsection (b) of this section, an attendant may perform one or more of the following tasks for an individual enrolled in the CMPAS Program:

(1) personal care tasks required to maintain the individual's physical health, including:
(A) bathing;

(B) dressing and undressing;

(C) preparing meals;

(D) assisting with eating, including:
(i) assisting with eating and drinking utensils and adaptive devices; and

(ii) providing standby assistance or encouragement;

(E) exercising;

(F) toileting, including:
(i) changing an incontinence brief;

(ii) assisting with the use of a bedpan or urinal;

(iii) assisting with feminine hygiene needs, including menstruation supplies;

(iv) assisting with clothing during toileting, including raising, lowering, removal or replacement of garments for hygiene needs;

(v) assisting with toilet hygiene, including the use of toilet paper and washing hands;

(vi) changing an external catheter;

(vii) preparing toileting supplies and equipment but not preparing catheter equipment unless it is a delegated task as described in paragraph (4) of this subsection; and

(viii) providing standby assistance;

(G) positioning;

(H) assisting with self-administered medication, including administration through a permanently placed feeding tube;

(I) grooming;

(J) routine hair and skin care; and

(K) transfer or ambulation, including lifting;

(2) home management tasks that support the individual's health and safety, including:
(A) changing the bed linens and making the bed;

(B) housekeeping services, including cleaning and laundry;

(C) shopping for or with the individual;

(3) escorting assistance tasks, including:
(A) accompanying the individual outside the home to support the individual to live in the community;

(B) assisting with or arranging for transportation and escorting on public transit, but not providing transportation;

(C) accompanying the individual to a clinic, doctor's office, or other trip made for the purpose of obtaining a medical diagnosis or treatment; and

(D) waiting in a doctor's office or clinic with an individual if necessary due to the individual's condition or distance from home;

(4) delegated health-related tasks; and

(5) health-related tasks that do not require delegation.

(b) Unallowable tasks. An attendant must not perform any task for an individual if:

(1) performing the task would require additional licensure beyond the license held by the attendant or provider, including nursing services that have not been properly delegated to the attendant;

(2) the task is not among those listed in subsection (a) of this section;

(3) the task is not contained in the individual's service plan; or

(4) performing the task would be fraudulent or illegal.

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