Health and Safety Code
CHAPTER 142. HOME AND COMMUNITY SUPPORT SERVICES
SUBCHAPTER A. HOME AND COMMUNITY SUPPORT SERVICES LICENSE
Sec. 142.001. Definitions.
In this chapter:
(1) "Administrative support site" means a facility or site
where a home and community support services agency performs
administrative and other support functions but does not provide
direct home health, hospice, or personal assistance services.
(2) "Alternate delivery site" means a facility or site,
including a residential unit or an inpatient unit:
(A) that is owned or operated by a hospice;
(B) that is not the hospice's principal place of
business;
(C) that is located in the geographical area served by
the hospice; and
(D) from which the hospice provides hospice services.
(3) "Bereavement" means the process by which a survivor of a
deceased person mourns and experiences grief.
(4) "Bereavement services" means support services offered to
a family during bereavement.
(5) "Branch office" means a facility or site in the
geographical area served by a home and community support agency
where home health or personal assistance services are delivered
or active client records are maintained.
(6) "Certified agency" means a home and community support
services agency that:
(A) provides a home health service; and
(B) is certified by an official of the Department of
Health and Human Services as in compliance with conditions
of participation in Title XVIII, Social Security Act (42
U.S.C. Section 1395 et seq.).
(7) "Certified home health services" means home health
services that are provided by a certified agency.
(8) "Chief financial officer" means an individual who is
responsible for supervising and managing all financial
activities for a home and community support services agency.
(9) "Council" means the Home and Community Support Services
Advisory Council.
(10) "Counselor" means an individual qualified under
Medicare standards to provide counseling services, including
bereavement, dietary, spiritual, and other counseling services,
to both the client and the family.
(11) "Home and community support services agency" means a
person who provides home health, hospice, or personal
assistance services for pay or other consideration in a
client's residence, an independent living environment, or
another appropriate location.
(12) "Home health service" means the provision of one or
more of the following health services required by an individual
in a residence or independent living environment:
(A) nursing;
(B) physical, occupational, speech, or respiratory
therapy;
(C) medical social service;
(D) intravenous therapy;
(E) dialysis;
(F) service provided by unlicensed personnel under the
delegation of a licensed health professional;
(G) the furnishing of medical equipment and supplies,
excluding drugs and medicines; or
(H) nutritional counseling.
(13) "Hospice" means a person licensed under this chapter to
provide hospice services, including a person who owns or
operates a residential unit or an inpatient unit.
(14) "Hospice services" means services, including services
provided by unlicensed personnel under the delegation of a
registered nurse or physical therapist, provided to a client or
a client's family as part of a coordinated program consistent
with the standards and rules adopted under this chapter. These
services include palliative care for terminally ill clients and
support services for clients and their families that:
(A) are available 24 hours a day, seven days a week,
during the last stages of illness, during death, and during
bereavement;
(B) are provided by a medically directed
interdisciplinary team; and
(C) may be provided in a home, nursing home, residential
unit, or inpatient unit according to need. These services
do not include inpatient care normally provided in a
licensed hospital to a terminally ill person who has not
elected to be a hospice client.
(15) "Inpatient unit" means a facility that provides a
continuum of medical or nursing care and other hospice services
to clients admitted into the unit and that is in compliance
with:
(A) the conditions of participation for inpatient units
adopted under Title XVIII, Social Security Act (42 U.S.C.
Section 1395 et seq.); and
(B) standards adopted under this chapter.
(16) "Independent living environment" means:
(A) a client's individual residence, which may include a
group home or foster home; or
(B) other settings where a client participates in
activities, including school, work, or church.
(17) "Interdisciplinary team" means a group of individuals
who work together in a coordinated manner to provide hospice
services and must include a physician, registered nurse, social
worker, and counselor.
(18) "Investigation" means an inspection or survey conducted
by a representative of the department to determine if a
licensee is in compliance with this chapter.
(19) "Palliative care" means intervention services that
focus primarily on the reduction or abatement of physical,
psychosocial, and spiritual symptoms of a terminal illness.
(20) "Person" means an individual, corporation, or
association.
(21) "Personal assistance service" means routine ongoing
care or services required by an individual in a residence or
independent living environment that enable the individual to
engage in the activities of daily living or to perform the
physical functions required for independent living, including
respite services. The term includes health-related services
performed under circumstances that are defined as not
constituting the practice of professional nursing by the Board
of Nurse Examiners through a memorandum of understanding with
the department in accordance with Section 142.016 and
health-related tasks provided by unlicensed personnel under the
delegation of a registered nurse.
(22) "Place of business" means an office of a home and
community support services agency that maintains client records
or directs home health, hospice, or personal assistance
services. The term does not include an administrative support
site.
(23) "Residence" means a place where a person resides and
includes a home, a nursing home, a convalescent home, or a
residential unit.
(24) "Residential unit" means a facility that provides
living quarters and hospice services to clients admitted into
the unit and that is in compliance with standards adopted under
this chapter.
(25) "Respite services" means support options that are
provided temporarily for the purpose of relief for a primary
caregiver in providing care to individuals of all ages with
disabilities or at risk of abuse or neglect.
(26) "Social worker" means an individual certified as a
social worker under Chapter 50, Human Resources Code.
(27) "Support services" means social, spiritual, and
emotional care provided to a client and a client's family by a
hospice.
(28) "Terminal illness" means an illness for which there is
a limited prognosis if the illness runs its usual course.
(29) "Volunteer" means an individual who provides assistance
to a home and community support services agency without
compensation other than reimbursement for actual expenses.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991. 72nd Leg., ch. 14, Secs. 42, 43, eff. Sept.
1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 3, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1191, Sec. 1, eff. Sept. 1, 1997.
Sec. 142.002. License Required.
(a) Except as provided by Section 142.003, a person, including
a health care facility licensed under this code, may not engage
in the business of providing home health, hospice, or personal
assistance services, or represent to the public that the person
is a provider of home health, hospice, or personal assistance
services for pay without a home and community support services
agency license authorizing the person to perform those services
issued by the department for each place of business from which
home health, hospice, or personal assistance services are
directed. A certified agency must have a license to provide
certified home health services.
(b) A person who is not licensed to provide home health
services under this chapter may not indicate or imply that the
person is licensed to provide home health services by the use of
the words "home health services" or in any other manner.
(c) A person who is not licensed to provide hospice services
under this chapter may not use the word "hospice" in a title or
description of a facility, organization, program, service
provider, or services or use any other words, letters,
abbreviations, or insignia indicating or implying that the person
holds a license to provide hospice services under this chapter.
(d) A license to provide hospice services issued under this
chapter authorizes a hospice to own or operate a residential unit
or inpatient unit at the licensed site in compliance with the
standards and rules adopted under this chapter.
(e) A license issued under this chapter may not be transferred
to another person, but may be transferred from one location to
another location. A change of ownership or location shall be
reported to the department.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 4, eff. Sept. 1,
1993.
Sec. 142.0025. Temporary License.
If a person is in the process of becoming certified by the
Department of Health and Human Services to qualify as a certified
agency, the department may issue a temporary home and community
support services agency license to the person authorizing the
person to provide certified home health services. A temporary
license is effective as provided by board rules.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 44, eff. Sept. 1,
1991.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 5, eff. Sept. 1,
1993.
Sec. 142.003. Exemptions From Licensing Requirement.
(a) The following persons need not be licensed under this
chapter:
(1) a physician, dentist, registered nurse, or physical
therapist licensed under the laws of this state who provides
home health services to a client only as a part of and
incidental to that person's private office practice;
(2) a registered nurse, licensed vocational nurse, physical
therapist, occupational therapist, speech therapist, medical
social worker, or any other health care professional as
determined by the department who provides home health services
as a sole practitioner;
(3) a registry that operates solely as a clearinghouse to
put consumers in contact with persons who provide home health,
hospice, or personal assistance services and that does not
maintain official client records, direct client services, or
compensate the person who is providing the service;
(4) an individual whose permanent residence is in the
client's residence;
(5) an employee of a person licensed under this chapter who
provides home health, hospice, or personal assistance services
only as an employee of the license holder and who receives no
benefit for providing the services, other than wages from the
license holder;
(6) a home, nursing home, convalescent home, personal care
facility, special care facility, or other institution for
individuals who are elderly or who have disabilities that
provides home health or personal assistance services only to
residents of the home or institution;
(7) a person who provides one health service through a
contract with a person licensed under this chapter;
(8) a durable medical equipment supply company;
(9) a pharmacy or wholesale medical supply company that does
not furnish services, other than supplies, to a person at the
person's house;
(10) a hospital or other licensed health care facility that
provides home health or personal assistance services only to
inpatient residents of the hospital or facility;
(11) a person providing home health or personal assistance
services to an injured employee under the Texas Workers'
Compensation Act (Article 8308-1.01 et seq., Vernon's Texas
Civil Statutes);
(12) a visiting nurse service that:
(A) is conducted by and for the adherents of a
well-recognized church or religious denomination; and
(B) provides nursing services by a person exempt from
licensing by Article 4528, Revised Statutes, because the
person furnishes nursing care in which treatment is only by
prayer or spiritual means;
(13) an individual hired and paid directly by the client or
the client's family or legal guardian to provide home health or
personal assistance services;
(14) a business, school, camp, or other organization that
provides home health or personal assistance services,
incidental to the organization's primary purpose, to
individuals employed by or participating in programs offered by
the business, school, or camp that enable the individual to
participate fully in the business's, school's, or camp's
programs;
(15) a person or organization providing sitter-companion
services or chore or household services that do not involve
personal care, health, or health-related services;
(16) a licensed health care facility that provides hospice
services under a contract with a hospice;
(17) a person delivering residential acquired immune
deficiency syndrome hospice care who is licensed and designated
as a residential AIDS hospice under Chapter 248; or
(18) the Texas Department of Criminal Justice.
(b) A home and community support services agency that owns or
operates an administrative support site is not required to obtain
a separate license under this chapter for the administrative
support site.
(c) A hospice that operates or provides hospice services to an
inpatient unit under a contract with a licensed health care
facility is not required to obtain an alternate delivery site
license for that inpatient unit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 6, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 769, Sec. 2, eff. Sept. 1, 1995.
Sec. 142.004. License Application.
(a) An applicant for a license to provide home health, hospice,
or personal assistance services must:
(1) file a written application on a form prescribed by the
department indicating the type of service the applicant wishes
to provide;
(2) cooperate with any surveys required by the department
for a license; and
(3) pay the license fee prescribed by this chapter.
(b) In addition to the requirements of Subsection (a), if the
applicant is a certified agency when the application for a
license to provide certified home health services is filed, the
applicant must maintain its Medicare certification. If the
applicant is not a certified agency when the application for a
license to provide certified home health services is filed, the
applicant must establish that it is in the process of receiving
its certification from the United States Department of Health and
Human Services.
(c) The board by rule shall require that, at a minimum, before
the department may approve a license application, the applicant
must provide to the department:
(1) documentation establishing that, at a minimum, the
applicant has sufficient financial resources to provide the
services required by this chapter and by the department during
the term of the license;
(2) a list of the management personnel for the proposed home
and community support services agency, a description of
personnel qualifications, and a plan for providing continuing
training and education for the personnel during the term of the
license;
(3) documentation establishing that the applicant is capable
of meeting the minimum standards established by the board
relating to the quality of care;
(4) a plan that provides for the orderly transfer of care of
the applicant's clients if the applicant cannot maintain or
deliver home health, hospice, or personal assistance services
under the license; and
(5) identifying information on the home and community
support services agency owner, administrator, and chief
financial officer to enable the department to conduct criminal
background checks on those persons.
(d) Information received by the department relating to the
competence and financial resources of the applicant is
confidential and may not be disclosed to the public.
(e) A home and community support services agency owned or
operated by a state agency directly providing services is not
required to provide the information described in Subsections
(c)(1) and (5).
(f) The department shall evaluate and consider all information
collected during the application process.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 45, eff. Sept. 1,
1991.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 7, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1191, Sec. 2, eff. Sept. 1, 1997.
Sec. 142.006. License Issuance; Term.
(a) The department shall issue a home and community support
services agency license to provide home health, hospice, or
personal assistance services for each place of business to each
applicant who:
(1) qualifies for the license to provide the type of service
that is to be offered by the applicant;
(2) submits an application and license fee as required by
this chapter; and
(3) complies with all licensing standards required or
adopted by the board under this chapter.
(b) A license issued under this chapter expires one year after
the date of issuance. The department may issue an initial
license for a term of less than one year to conform expiration
dates for a locality or an applicant. The department, in
accordance with board rules, may issue a temporary license to an
applicant for an initial license.
(c) The department may find that a home and community support
services agency has satisfied the requirements for licensing if
the agency is accredited by an accreditation organization, such
as the Joint Commission on Accreditation of Healthcare
Organizations or the Community Health Accreditation Program, and
the department finds that the accreditation organization has
standards that meet or exceed the requirements for licensing
under this chapter. A license fee is required of the home and
community support services agency at the time of a license
application.
(d) The department shall find that a home and community support
services agency that provides only long-term care Medicaid waiver
services that are publicly funded has satisfied the requirements
for licensing under this chapter if the agency is certified and
monitored by a state agency that has developed standards that
ensure the health and safety of service recipients.
(e) The department shall find that a home and community support
services agency that provides home health, hospice, or personal
assistance services only to persons enrolled in a program that is
funded in whole or in part by the Texas Department of Mental
Health and Mental Retardation and is monitored by the Texas
Department of Mental Health and Mental Retardation or its
designated local authority in accordance with standards set by
the Texas Department of Mental Health and Mental Retardation has
satisfied the requirements for licensing.
(f) The department shall adopt the applicable standards of the
agency that certifies and monitors the home and community support
services agency for use in issuing a license under Subsection (d)
or (e). When applying for a license under Subsection (d) or (e)
and annually before the license is renewed, a person must provide
the department with documentation issued by the agency that
certifies and monitors the home and community support services
agency that demonstrates that the person complies with applicable
standards. A license fee is required at the time of application.
(g) The license must designate the types of services that the
home and community support services agency is authorized to
provide at or from the designated place of business.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 8, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1191, Sec. 3, eff. Sept. 1, 1997.
Sec. 142.0061. Possession of Sterile Water or Saline .
A home and community support services agency or its employees
who are registered nurses or licensed vocational nurses may
purchase, store, or transport for the purpose of administering to
their home health or hospice patients under physician's orders:
(1) sterile water for injection and irrigation; and
(2) sterile saline for injection and irrigation.
Added by Acts 1993, 73rd Leg., ch. 16, Sec. 1, eff. April 2,
1993. Amended by Acts 1993, 73rd Leg., ch. 789, Sec. 23, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 307, Sec. 1, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 1129, Sec. 1, eff. Sept. 1,
1997.
Sec. 142.0062. Possession of Certain Vaccines or Tuberculin.
(a) A home and community support services agency or its
employees who are registered nurses or licensed vocational nurses
may purchase, store, or transport for the purpose of
administering to the agency's employees, home health or hospice
patients, or patient family members under physician's standing
orders the following dangerous drugs:
(1) hepatitis B vaccine;
(2) influenza vaccine; and
(3) tuberculin purified protein derivative for tuberculosis
testing.
(b) A home and community support services agency that
purchases, stores, or transports a vaccine or tuberculin under
this section shall ensure that any standing order for the vaccine
or tuberculin:
(1) is signed and dated by the physician;
(2) identifies the vaccine or tuberculin covered by the
order;
(3) indicates that the recipient of the vaccine or
tuberculin has been assessed as an appropriate candidate to
receive the vaccine or tuberculin and has been assessed for the
absence of any contraindication;
(4) indicates that appropriate procedures are established
for responding to any negative reaction to the vaccine or
tuberculin; and
(5) orders that a specific medication or category of
medication be administered if the recipient has a negative
reaction to the vaccine or tuberculin.
Added by Acts 1997, 75th Leg., ch. 1129, Sec. 1, eff. Sept. 1,
1997.
Sec. 142.0063. Possession of Certain Dangerous Drugs.
(a) A home and community support services agency in compliance
with this section or its employees who are registered nurses or
licensed vocational nurses may purchase, store, or transport for
the purpose of administering to their home health or hospice
patients in accordance with Subsection (c) the following
dangerous drugs:
(1) any of the following items in a sealed portable
container of a size determined by the dispensing pharmacist:
(A) 1,000 milliliters of 0.9 percent sodium chloride
intravenous infusion;
(B) 1,000 milliliters of five percent dextrose in water
injection; or
(C) sterile saline; or
(2) not more than five dosage units of any of the following
items in an individually sealed, unused portable container:
(A) heparin sodium lock flush in a concentration of 10
units per milliliter or 100 units per milliliter;
(B) epinephrine HCl solution in a concentration of 1 to
1,000;
(C) diphenhydramine HCl solution in a concentration of
50 milligrams per milliliter;
(D) methylprednisolone in a concentration of 125
milligrams per two milliliters;
(E) naloxone in a concentration of one milligram per
milliliter in a two-milliliter vial;
(F) promethazine in a concentration of 25 milligrams per
milliliter;
(G) glucagon in a concentration of one milligram per
milliliter;
(H) furosemide in a concentration of 10 milligrams per
milliliter;
(I) lidocaine 2.5 percent and prilocaine 2.5 percent
cream in a five-gram tube; or
(J) lidocaine HCl solution in a concentration of one
percent in a two-milliliter vial.
(b) A home and community support services agency or the
agency's authorized employees may purchase, store, or transport
dangerous drugs in a sealed portable container under this section
only if the agency has established policies and procedures to
ensure that:
(1) the container is handled properly with respect to
storage, transportation, and temperature stability;
(2) a drug is removed from the container only on a
physician's written or oral order;
(3) the administration of any drug in the container is
performed in accordance with a specific treatment protocol; and
(4) the agency maintains a written record of the dates and
times the container is in the possession of a registered nurse
or licensed vocational nurse.
(c) A home and community support services agency or the
agency's authorized employee who administers a drug listed in
Subsection (a) may administer the drug only in the patient's
residence under physician's orders in connection with the
provision of emergency treatment or the adjustment of:
(1) parenteral drug therapy; or
(2) vaccine or tuberculin administration.
(d) If a home and community support services agency or the
agency's authorized employee administers a drug listed in
Subsection (a) pursuant to a physician's oral order, the
physician shall promptly send a signed copy of the order to the
agency, and the agency shall:
(1) not later than 24 hours after receipt of the order,
reduce the order to written form and send a copy of the form to
the dispensing pharmacy by mail or facsimile transmission; and
(2) not later than 20 days after receipt of the order, send
a copy of the order as signed by and received from the
physician to the dispensing pharmacy.
(e) A pharmacist that dispenses a sealed portable container
under this section shall ensure that the container:
(1) is designed to allow access to the contents of the
container only if a tamper-proof seal is broken;
(2) bears a label that lists the drugs in the container and
provides notice of the container's expiration date, which is
the earlier of:
(A) the date that is six months after the date on which
the container is dispensed; or
(B) the earliest expiration date of any drug in the
container; and
(3) remains in the pharmacy or under the control of a
pharmacist, registered nurse, or licensed vocational nurse.
(f) If a home and community support services agency or the
agency's authorized employee purchases, stores, or transports a
sealed portable container under this section, the agency shall
deliver the container to the dispensing pharmacy for verification
of drug quality, quantity, integrity, and expiration dates not
later than the earlier of:
(1) the seventh day after the date on which the seal on the
container is broken; or
(2) the date for which notice is provided on the container
label.
(g) A pharmacy that dispenses a sealed portable container under
this section shall take reasonable precautionary measures to
ensure that the home and community support services agency
receiving the container complies with Subsection (f). On receipt
of a container under Subsection (f), the pharmacy shall perform
an inventory of the drugs used from the container and shall
restock and reseal the container before delivering the container
to the agency for reuse.
Added by Acts 1997, 75th Leg., ch. 1129, Sec. 1, eff. Sept. 1,
1997.
Sec. 142.0065. Display of License.
A license issued under this chapter shall be displayed in a
conspicuous place in the designated place of business and must
show:
(1) the name and address of the licensee;
(2) the name of the owner or owners, if different from the
information provided under Subdivision (1);
(3) the license expiration date; and
(4) the types of services authorized to be provided under
the license.
Added by Acts 1993, 73rd Leg., ch. 800, Sec. 9, eff. Sept. 1,
1993.
Sec. 142.008. Branch Office.
(a) The department may issue a branch office license to a
person who holds a license to provide home health or personal
assistance services.
(b) The board by rule shall establish eligibility requirements
for a branch office license.
(c) A branch office license expires on the same date as the
license to provide home health or personal assistance services
held by the applicant for the branch office license.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 10, eff. Sept. 1,
1993.
Sec. 142.0085. Alternate Delivery Site License.
(a) The department shall issue an alternate delivery site
license to a qualified hospice.
(b) The board by rule shall establish standards required for
the issuance of an alternate delivery site license.
(c) An alternate delivery site license expires on the same date
as the license to provide hospice services held by the hospice.
Added by Acts 1993, 73rd Leg., ch. 800, Sec. 11, eff. Sept. 1,
1993.
Sec. 142.009. Surveys; Consumer Complaints.
(a) The department or its representative may enter the premises
of a license applicant or license holder at reasonable times to
conduct a survey incidental to the issuance of a license and at
other times as the department considers necessary to ensure
compliance with this chapter and the rules adopted under this
chapter.
(b) A home and community support services agency shall provide
each person who receives home health, hospice, or personal
assistance services with a written statement that contains the
name, address, and telephone number of the department and a
statement that informs the recipient that a complaint against a
home and community support services agency may be directed to the
department.
(c) The department or its authorized representative shall
investigate each complaint received regarding the provision of
home health, hospice, or personal assistance services and may, as
a part of the investigation:
(1) conduct an unannounced survey of a place of business,
including an inspection of medical and personnel records, if
the department has reasonable cause to believe that the place
of business is in violation of this chapter or a rule adopted
under this chapter;
(2) conduct an interview with a recipient of home health,
hospice, or personal assistance services, which may be
conducted in the recipient's home if the recipient consents;
(3) conduct an interview with a family member of a recipient
of home health, hospice, or personal assistance services who is
deceased or other person who may have knowledge of the care
received by the deceased recipient of the home health, hospice,
or personal assistance services; or
(4) interview a physician or other health care practitioner,
including a member of the personnel of a home and community
support services agency, who cares for a recipient of home
health, hospice, or personal assistance services.
(d) The reports, records, and working papers used or developed
in an investigation made under this section are confidential and
may not be released or made public except:
(1) to a state or federal agency;
(2) to federal, state, or local law enforcement personnel;
(3) with the consent of each person identified in the
information released;
(4) in civil or criminal litigation matters or licensing
proceedings as otherwise allowed by law or judicial rule; or
(5) on a form developed by the department that identifies
any deficiencies found without identifying a person, other than
the home and community support services agency.
(e) The department's representative shall hold a conference
with the person in charge of the home and community support
services agency before beginning the on-site survey to explain
the nature and scope of the survey. When the survey is completed,
the department's representative shall hold a conference with the
person who is in charge of the agency and shall identify any
records that were duplicated. Agency records may be removed from
an agency only with the agency's consent.
(f) The department shall fully inform the person who is in
charge of the home and community support services agency of the
preliminary findings of the survey and shall give the person a
reasonable opportunity to submit additional facts or other
information to the department's authorized representative in
response to those findings. The response shall be made a part of
the record of the survey for all purposes.
(g) After a survey of a home and community support services
agency by the department, the department shall provide to the
chief executive officer of the agency:
(1) specific and timely written notice of the preliminary
findings of the survey, including:
(A) the specific nature of the survey;
(B) any alleged violations of a specific statute or
rule;
(C) the specific nature of any finding regarding an
alleged violation or deficiency; and
(D) if a deficiency is alleged, the severity of the
deficiency;
(2) information on the identity, including the signature, of
each department representative conducting, reviewing, or
approving the results of the survey and the date on which the
department representative acted on the matter; and
(3) if requested by the agency, copies of all documents
relating to the survey maintained by the department or provided
by the department to any other state or federal agency that are
not confidential under state law.
(h) Except for the investigation of complaints, a home and
community support services agency licensed by the department
under this chapter is not subject to additional surveys relating
to home health, hospice, or personal assistance services while
the agency maintains accreditation for the applicable service
from the Joint Commission for Accreditation of Healthcare
Organizations, the Community Health Accreditation Program, or
other accreditation organizations that meet or exceed the
regulations adopted under this chapter. Each provider must
submit to the department documentation from the accrediting body
indicating that the provider is accredited when the provider is
applying for the initial license and annually when the license is
renewed.
(i) A home and community support services agency licensed under
Section 142.006(d) or (e) is not subject to surveys conducted by
licensing personnel of the department to meet the requirements of
this chapter.
(j) Except as provided by Subsections (h), (i), and (l), an
on-site survey must be conducted within 18 months after a survey
for an initial license. After that time, an on-site survey must
be conducted at least every 36 months.
(k) If a person is renewing or applying for a license to
provide more than one type of service under this chapter, the
surveys required for each of the services the license holder or
applicant seeks to provide shall be completed during the same
surveyor visit.
(l) The department and other state agencies that are under the
Health and Human Services Commission and that contract with home
and community support services agencies to deliver services for
which a license is required under this chapter shall execute a
memorandum of understanding that establishes procedures to
eliminate or reduce duplication of standards or conflicts between
standards and of functions in license, certification, or
compliance surveys and complaint investigations. The Health and
Human Services Commission shall review the recommendation of the
council relating to the memorandum of understanding before
considering approval. The memorandum of understanding must be
approved by the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 46, eff. Sept. 1,
1991.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 12, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1191, Sec. 4, eff. Sept. 1, 1997.
Sec. 142.010. Fees.
(a) The board shall set license fees for home and community
support services agencies in amounts that are reasonable to meet
the costs of administering this chapter, except that the fees may
not be less than $300 or more than $1,000 for a license to
provide home health, hospice, or personal assistance services.
(b) The board shall consider the size of the home and community
support services agency, the number of clients served, the number
of services provided, and the necessity for review of other
accreditation documentation in determining the amount of initial
and renewal license fees.
(c) A fee charged under this section is nonrefundable.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 13, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1191, Sec. 5, eff. Sept. 1, 1997.
Sec. 142.011. Denial, Suspension, or Revocation of License.
(a) The department may deny a license application or suspend or
revoke the license of a person who fails to comply with the rules
or standards for licensing required by this chapter.
(b) The department may immediately suspend or revoke a license
when the health and safety of persons are threatened. If the
department issues an order of immediate suspension or revocation,
the department shall immediately give the chief executive officer
of the home and community support services agency adequate notice
of the action taken, the legal grounds for the action, and the
procedure governing appeal of the action. A person whose license
is suspended or revoked under this subsection is entitled to a
hearing not later than the seventh day after the effective date
of the suspension or revocation.
(c) The department may suspend or revoke a home and community
support services agency's license to provide certified home
health services if the agency fails to maintain its certification
qualifying the agency as a certified agency. A home and
community support services agency that is licensed to provide
certified home health services and that submits a request for a
hearing as provided by Subsection (d) is subject to the
requirements of this chapter relating to a home and community
support services agency that is licensed to provide home health
services, but not certified home health services, until the
suspension or revocation is finally determined by the department
or, if the license is suspended or revoked, until the last day
for seeking review of the department order or a later date fixed
by order of the reviewing court.
(d) A person whose application is denied or whose license is
suspended or revoked is entitled to a hearing before the
department if the person submits a written request to the
department. Chapter 2001, Government Code and the department's
rules for contested case hearings apply to hearings conducted
under this section and to appeals from department decisions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 47, eff. Sept. 1,
1991.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 14, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1,
1995.
Sec. 142.012. Powers and Duties.
(a) The board, with the recommendations of the council, shall
adopt rules necessary to implement this chapter.
(b) The board by rule shall set minimum standards for home and
community support services agencies licensed under this chapter
that relate to:
(1) qualifications for professional and nonprofessional
personnel, including volunteers;
(2) supervision of professional and nonprofessional
personnel, including volunteers;
(3) the provision and coordination of treatment and
services, including support and bereavement services, as
appropriate;
(4) the management, ownership, and organizational structure,
including lines of authority and delegation of responsibility
and, as appropriate, the composition of an interdisciplinary
team;
(5) clinical and business records;
(6) financial ability to carry out the functions as
proposed;
(7) safety, fire prevention, and sanitary standards for
residential units and inpatient units; and
(8) any other aspects of home health, hospice, or personal
assistance services as necessary to protect the public.
(c) The initial minimum standards adopted by the board under
Subsection (b) for hospice services must be at least as stringent
as the conditions of participation for a Medicare certified
provider of hospice services in effect on April 30, 1993, under
Title XVIII, Social Security Act (42 U.S.C. Section 1395 et
seq.).
(d) The department shall prescribe forms necessary to perform
its duties.
(e) The department shall require each person or home and
community support services agency providing home health, hospice,
or personal assistance services to implement and enforce the
applicable provisions of Chapter 102, Human Resources Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 15, eff. Sept. 1,
1993.
Sec. 142.013. Injunction.
(a) A district court, on petition of the department and on a
finding by the court that a person is violating this chapter, may
by injunction:
(1) prohibit the person from continuing the violation; or
(2) grant any other injunctive relief warranted by the
facts.
(b) The attorney general shall institute and conduct a suit
authorized by this section at the request of the department and
in the name of the state.
(c) A suit for injunctive relief must be brought in Travis
County.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 142.014. Civil Penalty.
(a) A person who engages in the business of providing home
health, hospice, or personal assistance service, or represents to
the public that the person is a provider of home health, hospice,
and personal assistance services for pay, without a license
issued under this chapter authorizing the services that are being
provided is liable for a civil penalty of not less than $1,000 or
more than $2,500 for each day of violation. Penalties may be
appropriated only to the department and to administer this
chapter.
(b) An action to recover a civil penalty is in addition to an
action brought for injunctive relief under Section 142.013 or any
other remedy provided by law. The attorney general shall bring
suit on behalf of the state to collect the civil penalty.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 16, eff. Sept. 1,
1993.
Sec. 142.015. Advisory Council.
(a) The Home and Community Support Services Advisory Council is
composed of the following 13 members, appointed by the governor:
(1) three consumer representatives;
(2) two representatives of agencies that are licensed to
provide certified home health services;
(3) two representatives of agencies that are licensed to
provide home health services but are not certified home health
services;
(4) three representatives of agencies that are licensed to
provide hospice services, with one representative appointed
from:
(A) a community-based non-profit provider of hospice
services;
(B) a community-based proprietary provider of hospice
services; and
(C) a hospital-based provider of hospice services; and
(5) three representatives of agencies that are licensed to
provide personal assistance services.
(b) Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.
7.01(18), eff. Nov. 12, 1991.
(c) The council shall advise the department on licensing
standards and on the implementation of this chapter. At each
meeting of the council, the department shall provide an analysis
of enforcement actions taken under this chapter, including the
type of enforcement action, the results of the action, and the
basis for the action. The council may advise the department on
its implementation of the enforcement provisions of this chapter.
(d) Members of the council serve staggered two-year terms, with
the terms of seven members expiring on January 31 of each
even-numbered year and the terms of six members expiring on
January 31 of each odd-numbered year.
(e) The council shall elect a presiding officer from among its
members to preside at meetings and to notify members of meetings.
The presiding officer shall serve for one year and may not serve
in that capacity for more than two years.
(f) The council shall meet at least once a year and may meet at
other times at the call of the presiding officer, any three
members of the council, or the commissioner.
(g) Members of the council serve without compensation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 48, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 7.01(18), eff.
Nov. 12, 1991.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 17, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1191, Sec. 6, eff. Sept. 1, 1997.
Sec. 142.016. Memorandum of Understanding Relating to Nursing Services;
Guidelines.
(a) The Board of Nurse Examiners and the department shall adopt
a memorandum of understanding governing the circumstances under
which the provision of health-related tasks or services do not
constitute the practice of professional nursing. The agencies
annually shall review and shall renew or modify the memorandum as
necessary.
(b) The Board of Nurse Examiners and the department shall
consult with an advisory committee in developing, modifying, or
renewing the memorandum of understanding. The advisory committee
shall be appointed by the Board of Nurse Examiners and the
department and at a minimum shall include:
(1) one representative from the Board of Nurse Examiners and
one representative from the department to serve as cochairmen;
(2) one representative from the Texas Department of Mental
Health and Mental Retardation;
(3) one representative from the Texas Department of Human
Services;
(4) one representative from the Texas Nurses Association;
(5) one representative from the Texas Association for Home
Care, Incorporated, or its successor;
(6) one representative from the Texas Hospice Organization,
Incorporated, or its successor;
(7) one representative of the Texas Respite Resource Network
or its successor; and
(8) two representatives of organizations such as the
Personal Assistance Task Force or the Disability Consortium
that advocate for clients in community-based settings.
(c) The department shall prepare guidelines according to the
memorandum of understanding required by Subsection (a) for
licensed home and community support services agencies in
providing personal assistance services to clients.
Added by Acts 1993, 73rd Leg., ch. 800, Sec. 18, eff. Sept. 1,
1993.
Sec. 142.017. Administrative Penalty.
(a) The department may assess an administrative penalty against
a person who violates this chapter or a rule adopted under this
chapter.
(b) The penalty shall be not less than $100 or more than $1,000
for each violation. Each day of a violation that occurs before
the day on which the person receives written notice of the
violation from the department does not constitute a separate
violation and shall be considered to be one violation. Each day
of a continuing violation that occurs after the day on which the
person receives written notice of the violation from the
department constitutes a separate violation.
(c) The department by rule shall specify each violation for
which an administrative penalty may be assessed. In determining
which violations warrant penalties, the department shall
consider:
(1) the seriousness of the violation, including the nature,
circumstances, extent, and gravity of the violation and the
hazard of the violation to the health or safety of clients; and
(2) whether the affected home and community support services
agency had identified the violation as a part of its internal
quality assurance process and had made appropriate progress on
correction.
(d) The department by rule shall establish a schedule of
appropriate and graduated penalties for each violation based on:
(1) the seriousness of the violation, including the nature,
circumstances, extent, and gravity of the violation and the
hazard or safety of clients;
(2) the history of previous violations;
(3) whether the affected home and community support services
agency had identified the violation as a part of its internal
quality assurance process and had made appropriate progress on
correction;
(4) the amount necessary to deter future violations;
(5) efforts made to correct the violation; and
(6) any other matters that justice may require.
(e) The department by rule shall provide the home and community
support services agency with a reasonable period of time
following the first day of a violation to correct the violation
before assessing an administrative penalty if a plan of
correction has been implemented.
(f) An administrative penalty may not be assessed for minor
violations unless those violations are of a continuing nature or
are not corrected.
(g) The department shall establish a system to ensure standard
and consistent application of penalties regardless of the home
and community support services agency location.
(h) All proceedings for the assessment of an administrative
penalty under this chapter are subject to Chapter 2001,
Government Code.
(i) The department may not assess an administrative penalty
against a state agency.
Added by Acts 1997, 75th Leg., ch. 1191, Sec. 7, eff. Sept. 1,
1997.
Sec. 142.0171. Notice; Request for Hearing.
(a) If, after investigation of a possible violation and the
facts surrounding that possible violation, the department
determines that a violation has occurred, the department shall
give written notice of the violation to the person alleged to
have committed the violation. The notice shall include:
(1) a brief summary of the alleged violation;
(2) a statement of the amount of the proposed penalty based
on the factors listed in Section 142.017(d); and
(3) a statement of the person's right to a hearing on the
occurrence of the violation, the amount of the penalty, or both
the occurrence of the violation and the amount of the penalty.
(b) Not later than the 20th day after the date on which the
notice is received, the person notified may accept the
determination of the department made under this section,
including the proposed penalty, or may make a written request for
a hearing on that determination.
(c) If the person notified of the violation accepts the
determination of the department or if the person fails to respond
in a timely manner to the notice, the commissioner or the
commissioner's designee shall issue an order approving the
determination and ordering that the person pay the proposed
penalty.
Added by Acts 1997, 75th Leg., ch. 1191, Sec. 7, eff. Sept. 1,
1997.
Sec. 142.0172. Hearing; Order.
(a) If the person notified requests a hearing, the department
shall:
(1) set a hearing;
(2) give written notice of the hearing to the person; and
(3) designate a hearings examiner to conduct the hearing.
(b) The hearings examiner shall make findings of fact and
conclusions of law and shall promptly issue to the commissioner
or the commissioner's designee a proposal for decision as to the
occurrence of the violation and a recommendation as to the amount
of the proposed penalty if a penalty is determined to be
warranted.
(c) Based on the findings of fact and conclusions of law and
the recommendations of the hearings examiner, the commissioner or
the commissioner's designee by order may find that a violation
has occurred and may assess a penalty or may find that no
violation has occurred.
Added by Acts 1997, 75th Leg., ch. 1191, Sec. 7, eff. Sept. 1,
1997.
Sec. 142.0173. Notice and Payment of Administrative Penalty; Judicial
Review; Refund.
(a) The department shall give notice of the order under Section
142.0172(c) to the person alleged to have committed the
violation. The notice must include:
(1) separate statements of the findings of fact and
conclusions of law;
(2) the amount of any penalty assessed; and
(3) a statement of the right of the person to judicial
review of the order.
(b) Not later than the 30th day after the date on which the
decision is final as provided by Chapter 2001, Government Code,
the person shall:
(1) pay the penalty;
(2) pay the amount of the penalty and file a petition for
judicial review contesting the occurrence of the violation, the
amount of the penalty, or both the occurrence of the violation
and the amount of the penalty; or
(3) without paying the penalty, file a petition for judicial
review contesting the occurrence of the violation, the amount
of the penalty, or both the occurrence of the violation and the
amount of the penalty.
(c) Within the 30-day period, a person who acts under
Subsection (b)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an
escrow account; or
(B) giving to the court a supersedeas bond that is
approved by the court for the amount of the penalty and that
is effective until all judicial review of the order is
final; or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court a sworn affidavit of the
person stating that the person is financially unable to pay
the amount of the penalty and is financially unable to give
the supersedeas bond; and
(B) giving a copy of the affidavit to the department by
certified mail.
(d) If the department receives a copy of an affidavit under
Subsection (c)(2), the department may file with the court, within
10 days after the date the copy is received, a contest to the
affidavit. The court shall hold a hearing on the facts alleged
in the affidavit as soon as practicable and shall stay the
enforcement of the penalty on finding that the alleged facts are
true. The person who files an affidavit has the burden of
proving that the person is financially unable to pay the penalty
and to give a supersedeas bond.
(e) If the person does not pay the penalty and the enforcement
of the penalty is not stayed, the department may refer the matter
to the attorney general for collection of the penalty.
(f) Judicial review of the order:
(1) is instituted by filing a petition as provided by
Subchapter G, Chapter 2001, Government Code; and
(2) is under the substantial evidence rule.
(g) If the court sustains the occurrence of the violation, the
court may uphold or reduce the amount of the penalty and order
the person to pay the full or reduced amount of the penalty. If
the court does not sustain the occurrence of the violation, the
court shall order that no penalty is owed.
(h) When the judgment of the court becomes final, the court
shall proceed under this subsection. If the person paid the
amount of the penalty under Subsection (b)(2) and if that amount
is reduced or is not upheld by the court, the court shall order
that the department pay the appropriate amount plus accrued
interest to the person. The rate of the interest is the rate
charged on loans to depository institutions by the New York
Federal Reserve Bank, and the interest shall be paid for the
period beginning on the date the penalty was paid and ending on
the date the penalty is remitted. If the person paid the penalty
under Subsection (c)(1)(A), or gave a supersedeas bond, and if
the amount of the penalty is not upheld by the court, the court
shall order the release of the escrow account or bond. If the
person paid the penalty under Subsection (c)(1)(A) and the amount
of the penalty is reduced, the court shall order that the amount
of the penalty be paid to the department from the escrow account
and that the remainder of the account be released. If the person
gave a supersedeas bond and if the amount of the penalty is
reduced, the court shall order the release of the bond after the
person pays the amount.
Added by Acts 1997, 75th Leg., ch. 1191, Sec. 7, eff. Sept. 1,
1997.
Sec. 142.0174. Penalty Deposited to State Treasury.
An administrative penalty collected under this subchapter shall
be deposited in the state treasury to the credit of the general
revenue fund.
Added by Acts 1997, 75th Leg., ch. 1191, Sec. 7, eff. Sept. 1,
1997.
Sec. 142.0175. Expenses and Costs for Collection of Civil or Administrative
Penalty.
(a) If the attorney general brings an action against a person
under Section 142.013 or 142.014 or to enforce an administrative
penalty assessed under Section 142.0173 and an injunction is
granted against the person or the person is found liable for a
civil or administrative penalty, the attorney general may
recover, on behalf of the attorney general and the department,
reasonable expenses and costs.
(b) For purposes of this section, reasonable expenses and costs
include expenses incurred by the department and the attorney
general in the investigation, initiation, and prosecution of an
action, including reasonable investigative costs, attorney's
fees, witness fees, and deposition expenses.
Added by Acts 1997, 75th Leg., ch. 1191, Sec. 7, eff. Sept. 1,
1997.
Sec. 142.0176. Certain Agencies Excepted.
(a) Notwithstanding any other provision of this chapter, the
department may not assess an administrative penalty against a
home and community support services agency licensed under Section
142.006(d) or (e) that is certified and monitored by a state
agency.
(b) The agencies licensed under Sections 142.006(d) and (e) are
subject to sanctions or penalties by the state agency that
certifies and monitors the services, and each state agency shall
inform the department within five working days of any sanction or
adverse action taken against a home and community support
services agency licensed under Section 142.006(d) or (e). The
department may take enforcement action under this chapter, except
for the assessment of administrative penalties, against a home
and community support services agency licensed under Section
142.006(d) or (e).
Added by Acts 1997, 75th Leg., ch. 1191, Sec. 7, eff. Sept. 1,
1997.
SUBCHAPTER B. PERMITS TO ADMINISTER MEDICATION
Sec. 142.021. Administration of Medication.
A person may not administer medication to a client of a home and
community support services agency unless the person:
(1) holds a license under state law that authorizes the person to
administer medication;
(2) holds a permit issued under Section 142.025 and acts under
the delegated authority of a person who holds a license under
state law that authorizes the person to administer medication;
(3) administers a medication to a client of a home and community
support service agency in accordance with rules of the Board of
Nurse Examiners that permit delegation of the administration of
medication to a person not holding a permit under Section
142.025; or
(4) administers noninjectable medication under circumstances
authorized by the memorandum of understanding adopted under
Section 142.016.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff.
June 19, 1990.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 19, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1191, Sec. 8, eff. Sept. 1, 1997.
Sec. 142.022. Exemptions for Nursing Students and Medication Aide
Trainees.
(a) Sections 142.021 and 142.029 do not apply to:
(1) a graduate nurse holding a temporary permit issued by
the Board of Nurse Examiners;
(2) 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;
(3) a graduate vocational nurse holding a temporary permit
issued by the Board of Vocational Nurse Examiners;
(4) 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
(5) a trainee in a medication aide training program approved
by the department under Section 142.024 who is administering
medications as part of the trainee's clinical experience.
(b) The administration of medications by persons exempted under
Subdivisions (1) through (4) of Subsection (a) is governed by the
terms of the memorandum of understanding executed by the
department and the Board of Nurse Examiners or the department and
the Board of Vocational Nurse Examiners, as appropriate.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 4, eff.
June 19, 1990.
Sec. 142.023. Rules for Administration of Medication.
The board by rule shall establish:
(1) minimum requirements for the issuance, denial, renewal,
suspension, emergency suspension, and revocation of a permit to
a home health medication aide;
(2) curricula to train a home health medication aide;
(3) minimum standards for the approval of home health
medication aide training programs and for rescinding approval;
(4) the acts and practices that are allowed or prohibited to
a permit holder; and
(5) minimum standards for on-site supervision of a permit
holder by a registered nurse.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff.
June 19, 1990.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 20, eff. Sept. 1,
1993.
Sec. 142.024. Home Health Medication Aide Training Programs.
(a) An application for the approval of a home health medication
aide training program must be made to the department on a form
and under rules prescribed by the board.
(b) The department shall approve a home health medication aide
training program that meets the minimum standards adopted under
Section 142.023. The department may review the approval
annually.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff.
June 19, 1990.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 21, eff. Sept. 1,
1993.
Sec. 142.025. Issuance and Renewal of Home Health Medication Aide Permit.
(a) To be issued or to have renewed a home health medication
aide permit, a person shall apply to the department on a form
prescribed and under rules adopted by the board.
(b) The department shall prepare and conduct an examination for
the issuance of a permit.
(c) The department shall require a permit holder to
satisfactorily complete a continuing education course approved by
the department for renewal of the permit.
(d) The department shall issue a permit or renew a permit to an
applicant who:
(1) meets the minimum requirements adopted under Section
142.023;
(2) successfully completes the examination or the continuing
education requirements; and
(3) pays a nonrefundable application fee determined by the
board.
(e) A permit is valid for one year and is not transferable.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff.
June 19, 1990.
Amended by Acts 1993, 73rd Leg., ch. 800, Secs. 22, 23, eff.
Sept. 1, 1993.
Sec. 142.026. Fees for Issuance and Renewal of Home Health Medication Aide
Permit.
(a) The board shall set the fees in amounts reasonable and
necessary to recover the amount projected by the department as
required to administer its functions under this subchapter. The
fees may not exceed:
(1) $25 for a combined permit application and examination
fee; and
(2) $15 for a renewal permit application fee.
(b) Fees received under this section may only be appropriated
to the department to administer this subchapter.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff.
June 19, 1990.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 24, eff. Sept. 1,
1993.
Sec. 142.027. Violation of Home Health Medication Aide Permits.
(a) For the violation of this subchapter or a rule adopted
under this subchapter, the department may:
(1) deny, suspend, revoke, or refuse to renew a permit;
(2) suspend a permit in an emergency; or
(3) rescind training program approval.
(b) Except as provided by Section 142.028, the procedure by
which the department takes a disciplinary action and the
procedure by which a disciplinary action is appealed are governed
by the department's rules for a formal hearing and by Chapter
2001, Government Code.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff.
June 19, 1990.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 25, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1,
1995.
Sec. 142.028. Emergency Suspension of Home Health Medication Aide Permits.
(a) The department shall issue an order to suspend a permit
issued under Section 142.025 if the department has reasonable
cause to believe that the conduct of the permit holder creates an
imminent danger to the public health or safety.
(b) An emergency suspension is effective immediately without a
hearing on notice to the permit holder.
(c) If requested in writing by a permit holder whose permit is
suspended, the department shall conduct a hearing to continue,
modify, or rescind the emergency suspension.
(d) The hearing must be held not earlier than the 10th day or
later than the 30th day after the date on which the hearing
request is received.
(e) The hearing and an appeal from a disciplinary action
related to the hearing are governed by the department's rules for
a formal hearing and Chapter 2001, Government Code.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff.
June 19, 1990.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 26, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1,
1995.
Sec. 142.029. Administration of Medication; Criminal Penalty.
(a) A person commits an offense if the person knowingly
administers medication to a client of a home and community
support services agency and the person is not authorized to
administer the medication under Section 142.021 or 142.022.
(b) An offense under this section is a Class B misdemeanor.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff.
June 19, 1990.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 27, eff. Sept. 1,
1993.
Sec. 142.030. Dispensing Dangerous Drugs or Controlled Substances;
Criminal Penalty.
(a) A person authorized by this subchapter to administer
medication to a client of a home and community support services
agency may not dispense dangerous drugs or controlled substances
without complying with the Texas Pharmacy Act (Article 4542a-1,
Vernon's Texas Civil Statutes).
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 3, eff.
June 19, 1990.
Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 28, eff. Sept. 1,
1993