Aging and Disability Services Council Sharon Swift Butterworth ...

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(b) An applicant who is unable to attend the applicant's scheduled examination due to unforeseen circumstances may be given an examination at another time without payment of an additional fee upon the applicant's written request to DADS. The examination must be completed within 45 days from the date of the originally scheduled examination. The rescheduled examination must be at a site determined by DADS. (c) An applicant whose application for a permit must be denied under §95.113 of this title (relating to Determination of Eligibility) is ineligible to take the examination. §95.128. Home Health Medication Aides. (a) General. (1) A person may not administer medication to a client unless the person: (A) holds a current license under state law which authorizes the licensee to administer medication; (B) holds a current permit issued under this section and acts under the delegated authority of a registered nurse (RN) licensed by the [begin addition] Texas Board of Nursing [end addition] [begin deletion] Board of Nurse Examiners [end deletion] which authorizes the licensee to administer medication; (C) administers a medication to a client of an agency in accordance with rules of the [begin addition] Texas Board of Nursing [end addition] [begin deletion] Board of Nurse Examiners [end deletion] that permit delegation of the administration of medication to a person not holding a permit under this section; or (D) administers noninjectable medication under circumstances authorized by the memorandum of understanding between the [begin addition] Texas Board of Nursing [end addition] [begin deletion] Board of Nurse Examiners [end deletion] and DADS. (2) An agency providing licensed and certified home health services, licensed home health services, hospice services, or personal assistance services may use a home health medication aide. If there is a direct conflict between the requirements of this chapter and federal regulations, the requirements that are more stringent apply to the licensed and certified home health services agency. (3) Exemptions are as follows. (A) A person may administer medication to a client of an agency without the license or permit as required in paragraph (1) of this subsection if the person is: (i) a graduate nurse holding a temporary permit issued by the [begin addition] Texas Board of Nursing [end deletion] [begin deletion] Board of Nurse Examiners [end deletion]; - 15 -
(ii) a student enrolled in an accredited school of nursing or program for the education of RNs who is administering medications as part of the student's clinical experience; (iii) a graduate vocational nurse holding a temporary permit issued by the [begin addition] Texas Board of Nursing [end addition] [begin deletion] BNE [end deletion]; (iv) 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 (v) a trainee in a medication aide training program approved by DADS under this chapter who is administering medications as part of the trainee's clinical experience. (B) Supervision of an exempt person described in subparagraph (A) of this paragraph is as follows. (i) A person described in: (I) subparagraph (A)(i) of this paragraph shall be supervised by an RN; (II) subparagraph (A)(ii) or (iv) of this paragraph shall be supervised by the student's instructor; or (III) subparagraph (A)(iii) of this paragraph shall be supervised by an RN or licensed vocational nurse. (ii) Supervision must be on-site. (C) An exempt person described in this subsection may not be used in a supervisory or charge position. (b) Required actions. (1) If home health medication aide services are provided, an agency employs a home health medication aide to provide home health medication aide services, and an RN shall be employed by or under contract with the agency to perform the initial assessment; prepare the client care plan; establish the medication list, medication administration record, and medication aide assignment sheet; and supervise the home health medication aide. The RN must be available to supervise the home health medication aide when services are provided. (2) The clinical records of a patient using a home health medication aide must include a statement signed by the client or family acknowledging receipt of the list of permitted and prohibited acts of a home health medication aide. (3) The RN must be knowledgeable of the rules of DADS governing home health medication aides and must assure that the home health medication aide is in compliance with the - 16 -
Page 1 and 2: Aging and Disability Services Counc
Page 3 and 4: Aging and Disability Services Counc
Page 5 and 6: SUBJEC CT: Agenda a Item No. : 7a 7
Page 7 and 8: July 11, 2008/11R12 TITLE 40 SOCIAL
Page 9 and 10: Legend: [begin addition] Single Und
Page 11 and 12: (B) whose family intends to apply f
Page 13 and 14: are not limited to, 24-hour supervi
Page 15 and 16: (a) of this section, the MRA must p
Page 17 and 18: TAKINGS IMPACT ASSESSMENT DADS has
Page 19 and 20: and requires multiagency services.
Page 21 and 22: (ii) has documentation of a profici
Page 23 and 24: Agenda Item No. : 7b September 14,
Page 25 and 26: for each year of the first five yea
Page 27 and 28: (1) submitting an application for a
Page 29 and 30: PUBLIC BENEFIT AND COSTS Veronda Du
Page 31 and 32: possible to test with the same NATC
Page 33 and 34: (2) written or oral examination as
Page 35 and 36: easonable accommodations for medica
Page 37: (3) The examination must be given a
Page 41 and 42: (1) administer a medication by any
Page 43 and 44: accredited school of nursing. (4) D
Page 45 and 46: (B) a statement that all of the req
Page 47 and 48: (2) If, after review, DADS determin
Page 49 and 50: (9) A permit that is not renewed du
Page 51 and 52: (I) allowable and prohibited practi
Page 53 and 54: (A) the issuance of an initial perm
Page 55 and 56: (B) If a suspension overlaps a rene
Page 57 and 58: Agenda Item No. : 7c September 14,
Page 61 and 62: (b) - (e) (No change.) This agency
Page 65 and 66: (b) - (g) (No change.) This agency
Page 69 and 70: Convictions Barring Facility Licens
Page 73 and 74: [begin addition] Denial or Refusal
Page 77 and 78: (b) - (f) (No change.) This agency
Page 81 and 82: (C) a controlling person of the app
Page 83 and 84: Agenda Item No. : 7d September 14,
Page 85 and 86: September 2, 2011/11R11 TITLE 40 SO
Page 87 and 88: Jon Weizenbaum, DADS Deputy Commiss
Page 89 and 90:
accordance with §9.157 of this sub
Page 91 and 92:
United States mail and provide an o
Page 93 and 94:
(B) ensure the electronically trans
Page 95 and 96:
individual's authorized IPC. (e) A
Page 97 and 98:
must be revised; and (C) upon reque
Page 99 and 100:
(E) for physical therapy, 30 hours;
Page 101 and 102:
after a review of the request submi
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equested services will be denied or
Page 105 and 106:
in subsection (f), or exceeds the s
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DADS has determined that the propos
Page 109 and 110:
Legend: [begin addition] Single Und
Page 111 and 112:
(8) Business day--A day when DADS s
Page 113 and 114:
(v) dental sedation, which is sedat
Page 115 and 116:
(II) planning or preparing meals fo
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significantly sub-average general i
Page 119 and 120:
and (E) transportation between the
Page 121 and 122:
espite on the same day the individu
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(67) Specialized registered nursing
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[begin addition] (13) [end addition
Page 127 and 128:
(1) verify that the individual resi
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(1) assign a registered nurse to pe
Page 131 and 132:
provided to an individual; (ii) [be
Page 133 and 134:
[begin addition] (III) [end additio
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(relating to Renewal and Revision o
Page 137 and 138:
in accordance with §45.403(c) of t
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(relating to Renewal and Revision o
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(d) If the individual or LAR, case
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(ii) the IPPs; and (I) the individu
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determination and sends written not
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y the health and human services age
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TITLE 40 SOCIAL SERVICES AND ASSIST
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(C) complete Part C of the Adaptive
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[begin deletion] (b) The DSA must o
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e within the agency's legal authori
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[(B) the individual's IPP as descri
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(D) documentation regarding bids as
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(e) The person who developed the sp
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[(1)] completes [begin addition] tr
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K of this title (relating to Minimu
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the date. DADS applies the error to
Page 169 and 170:
authorized by DADS, unless purchase
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TITLE 40 SOCIAL SERVICES AND ASSIST
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September 1, 2013. The proposed ame
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agency determined that small and mi
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of action. [begin addition] (2) Den
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[begin deletion] or additional modi
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(2) supplement rather than replace
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[begin addition] (A) [end addition]
Page 185 and 186:
[begin addition] (A) [end addition]
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Services (DHS) work days of [end de
Page 189 and 190:
(2) Specialized therapy services (o
Page 191 and 192:
ISP year, the maximum service ceili
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[end addition] [DHS] applies the er
Page 195 and 196:
the [begin addition] HCSSA [end add
Page 197 and 198:
of the amount on the [begin additio
Page 199 and 200:
deletion] does not meet the medical
Page 201 and 202:
deletion] or its designee receives
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§48.6104. Crisis Intervention Requ
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(2) the regulatory reference, if ap
Page 207 and 208:
FISCAL NOTE Gordon Taylor, DADS Chi
Page 209 and 210:
Legend: [begin addition] Single Und
Page 211 and 212:
individual's residence. (b) Respite
Page 213:
Eligibility Requirements). [end add
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