reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 242.602 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter N. Administration of Medication|Section 242.602. Pharmacist Services

Sec. 242.602.  PHARMACIST SERVICES.  (a)  An institution shall:(1)  employ a licensed pharmacist responsible for operating the institution's pharmacy;  or(2)  contract, in writing, with a licensed pharmacist to advise the institution on ordering, storage, administration, and disposal of medications and biologicals and related recordkeeping.(b)  The institution shall allow residents to choose their pharmacy provider from any pharmacy that is qualified to perform the services.|Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.|
TX Health & Safety Code § 242.603 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter N. Administration of Medication|Section 242.603. Storage and Disposal of Medications

Sec. 242.603.  STORAGE AND DISPOSAL OF MEDICATIONS.  (a)  An institution shall store medications under appropriate conditions of sanitation, temperature, light, moisture, ventilation, segregation, and security.(b)  The institution shall properly dispose of:(1)  any medication that is discontinued or outdated, except as provided by Subsection (c);  and(2)  any medication in a container with a worn or illegible label or missing a label.(c)  A discontinued medication that has not been destroyed must be reinstated if reordered.(d)  An institution shall release the medications of a resident who is transferred directly to another institution or who is discharged to home to the new institution or to the resident or resident's next of kin or guardian, as appropriate.  The institution may release a medication to a resident only on the written or verbal authorization of the attending physician.|Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.62, eff. Sept. 1, 2003.|
TX Health & Safety Code § 242.604 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter N. Administration of Medication|Section 242.604. Reports of Medication Errors and Adverse Reactions

Sec. 242.604.  REPORTS OF MEDICATION ERRORS AND ADVERSE REACTIONS.  An institution's nursing staff must report medication errors and adverse reactions to the resident's physician in a timely manner, as warranted by an assessment of the resident's condition, and record the errors and reactions in the resident's clinical record.|Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.|
TX Health & Safety Code § 242.605 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter N. Administration of Medication|Section 242.605. Medication Reference Sources

Sec. 242.605.  MEDICATION REFERENCE SOURCES.  An institution shall maintain updated medication reference texts or sources.  If the institution has a resident younger than 18 years of age, these texts or sources must include information on pediatric medications, dosages, sites, routes, techniques of administration of medications, desired effects, and possible side effects.|Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.|
TX Health & Safety Code § 242.606 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter N. Administration of Medication|Section 242.606. Permits to Administer Medication

Sec. 242.606.  PERMITS TO ADMINISTER MEDICATION.  A person may not administer medication to a resident unless the person:(1)  holds a license under state law that authorizes the person to administer medication;  or(2)  holds a permit issued under Section 242.610 and acts under the authority of a person who holds a license under state law that authorizes the person to administer medication.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Redesignated from V.T.C.A, Health and Safety Code Sec. 242.151 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.|
TX Health & Safety Code § 242.607 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter N. Administration of Medication|Section 242.607. Exemptions for Nursing Students and Medication Aide Trainees

Sec. 242.607.  EXEMPTIONS FOR NURSING STUDENTS AND MEDICATION AIDE TRAINEES.  (a)  Sections 242.606 and 242.614 do not apply to:(1)  a graduate nurse holding a temporary permit issued by the Texas Board of Nursing;(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 Texas Board of Nursing;(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 this subchapter 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 Texas Board of Nursing.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 31, Sec. 1, eff. June 19, 1990.  Redesignated from Health and Safety Code Sec. 242.1511 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 553, Sec. 2.011, eff. Feb. 1, 2004.Amended by: Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 69, eff. September 1, 2007.|
TX Health & Safety Code § 242.608 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter N. Administration of Medication|Section 242.608. Rules for Administration of Medication

Sec. 242.608.  RULES FOR ADMINISTRATION OF MEDICATION.  The executive commissioner by rule shall establish:(1)  minimum requirements for the issuance, denial, renewal, suspension, emergency suspension, and revocation of a permit to administer medication to a resident;(2)  curricula to train persons to administer medication to a resident;(3)  minimum standards for the approval of programs to train persons to administer medication to a resident and for rescinding approval; and(4)  the acts and practices that are allowed or prohibited to a permit holder.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Redesignated from V.T.C.A, Health and Safety Code Sec. 242.152 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0656, eff. April 2, 2015.|
TX Health & Safety Code § 242.609 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter N. Administration of Medication|Section 242.609. Training Programs to Administer Medication

Sec. 242.609.  TRAINING PROGRAMS TO ADMINISTER MEDICATION.  (a)  An application for the approval of a training program must be made to the department on a form and under rules prescribed by the executive commissioner.(b)  The department shall approve a training program that meets the minimum standards adopted under Section 242.608.  The department may review the approval annually.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Redesignated from V.T.C.A, Health and Safety Code Sec. 242.153 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0657, eff. April 2, 2015.|
TX Health & Safety Code § 242.6101 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter N. Administration of Medication|Section 242.6101. Results of Examination for Issuance of Permit

Sec. 242.6101.   RESULTS OF EXAMINATION FOR ISSUANCE OF PERMIT.  (a)  Not later than the 30th day after the date a person takes an examination for the issuance of a permit under this subchapter, the department shall notify the person of the results of the examination.(b)  If the examination is graded or reviewed by a testing service:(1)  the department shall notify the person of the results of the examination not later than the 14th day after the date the department receives the results from the testing service;  and(2)  if notice of the examination results will be delayed for longer than 90 days after the examination date, the department shall notify the person of the reason for the delay before the 90th day.(c)  The department may require a testing service to notify a person of the results of the person's examination.(d)  If requested in writing by a person who fails an examination for the issuance of a permit administered under this subchapter, the department shall furnish the person with an analysis of the person's performance on the examination.|Added by Acts 2003, 78th Leg., ch. 1169, Sec. 16, eff. Sept. 1, 2003.|
TX Health & Safety Code § 242.611 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter N. Administration of Medication|Section 242.611. Fees for Issuance and Renewal of Permit to Administer Medication

Sec. 242.611.  FEES FOR ISSUANCE AND RENEWAL OF PERMIT TO ADMINISTER MEDICATION.  The executive commissioner by rule shall set the fees in amounts reasonable and necessary to recover the amount projected by the department as required to administer its functions.  Except as otherwise provided by Section 242.610, the fees may not exceed:(1)  $25 for a combined permit application and examination fee; and(2)  $15 for a renewal permit application fee.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Redesignated from V.T.C.A, Health and Safety Code Sec. 242.155 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1169, Sec. 17, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0659, eff. April 2, 2015.|
TX Health & Safety Code § 242.612 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter N. Administration of Medication|Section 242.612. Violation of Permits to Administer Medication

Sec. 242.612.  VIOLATION OF PERMITS TO ADMINISTER MEDICATION.  (a)  The department shall revoke, suspend, or refuse to renew a permit or shall reprimand a permit holder for a violation of this subchapter or a rule adopted under this subchapter.  In addition, the department may suspend a permit in an emergency or rescind training program approval.(b)  Except as provided by Section 242.613, 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.(c)  The department may place on probation a person whose permit is suspended.  If a permit suspension is probated, the department may require the person:(1)  to report regularly to the department on matters that are the basis of the probation;(2)  to limit practice to the areas prescribed by the department; or(3)  to continue or review professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.  Redesignated from V.T.C.A, Health and Safety Code Sec. 242.156 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1169, Sec. 18, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0660, eff. April 2, 2015.|
TX Health & Safety Code § 242.613 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter N. Administration of Medication|Section 242.613. Emergency Suspension of Permits to Administer Medication

Sec. 242.613.  EMERGENCY SUSPENSION OF PERMITS TO ADMINISTER MEDICATION.  (a)  The department shall issue an order to suspend a permit issued under this subchapter 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, an administrative law judge of the State Office of Administrative Hearings 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.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.  Redesignated from V.T.C.A, Health and Safety Code Sec. 242.157 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0661, eff. April 2, 2015.|
TX Health & Safety Code § 242.614 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter N. Administration of Medication|Section 242.614. Administration of Medication; Criminal Penalty

Sec. 242.614.  ADMINISTRATION OF MEDICATION;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly administers medication to a resident and the person:(1)  does not hold a license under state law that authorizes the person to administer medication;  or(2)  does not hold a permit issued by the department under this subchapter.(b)  An offense under this section is a Class B misdemeanor.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from V.T.C.A, Health and Safety Code Sec. 242.158 and amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.|
TX Health & Safety Code § 242.841 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter R. Electronic Monitoring of Resident's Room|Section 242.841. Definitions

Sec. 242.841.  DEFINITIONS.  In this subchapter:(1)  "Authorized electronic monitoring" means the placement of an electronic monitoring device in the room of a resident of an institution and making tapes or recordings with the device after making a request to the institution to allow electronic monitoring.(2)  "Electronic monitoring device":(A)  includes:(i)  video surveillance cameras installed in the room of a resident; and(ii)  audio devices installed in the room of a resident designed to acquire communications or other sounds occurring in the room; and(B)  does not include an interception device that is specifically used for the nonconsensual interception of wire or electronic communications.|Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.12, eff. January 1, 2019.|
TX Health & Safety Code § 242.842 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter R. Electronic Monitoring of Resident's Room|Section 242.842. Criminal and Civil Liability

Sec. 242.842.  CRIMINAL AND CIVIL LIABILITY.  (a)  It is a defense to prosecution under Section 16.02, Penal Code, or any other statute of this state under which it is an offense to intercept a communication or disclose or use an intercepted communication, that the communication was intercepted by an electronic monitoring device placed in the room of a resident of an institution.(b)  This subchapter does not affect whether a person may be held to be civilly liable under other law in connection with placing an electronic monitoring device in the room of a resident of an institution or in connection with using or disclosing a tape or recording made by the device except:(1)  as specifically provided by this subchapter;  or(2)  to the extent that liability is affected by:(A)  a consent or waiver signed under this subchapter;  or(B)  the fact that authorized electronic monitoring is required to be conducted with notice to persons who enter a resident's room.(c)  A communication or other sound acquired by an audio electronic monitoring device installed under the provisions of this subchapter concerning authorized electronic monitoring is not considered to be:(1)  an oral communication as defined by Article 18A.001, Code of Criminal Procedure; or(2)  a communication as defined by Section 123.001, Civil Practice and Remedies Code.|Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.13, eff. January 1, 2019.|
TX Health & Safety Code § 242.843 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter R. Electronic Monitoring of Resident's Room|Section 242.843. Covert Use of Electronic Monitoring Device; Liability of Department or Institution

Sec. 242.843.  COVERT USE OF ELECTRONIC MONITORING DEVICE;  LIABILITY OF DEPARTMENT OR INSTITUTION.  (a)  For purposes of this subchapter, the placement and use of an electronic monitoring device in the room of a resident is considered to be covert if:(1)  the placement and use of the device is not open and obvious;  and(2)  the institution and the department are not informed about the device by the resident, by a person who placed the device in the room, or by a person who is using the device.(b)  The department and the institution may not be held to be civilly liable in connection with the covert placement or use of an electronic monitoring device in the room of a resident.|Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.|
TX Health & Safety Code § 242.844 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter R. Electronic Monitoring of Resident's Room|Section 242.844. Required Form on Admission

Sec. 242.844.  REQUIRED FORM ON ADMISSION.  The executive commissioner by rule shall prescribe a form that must be completed and signed on a resident's admission to an institution by or on behalf of the resident.  The form must state:(1)  that a person who places an electronic monitoring device in the room of a resident or who uses or discloses a tape or other recording made by the device may be civilly liable for any unlawful violation of the privacy rights of another;(2)  that a person who covertly places an electronic monitoring device in the room of a resident or who consents to or acquiesces in the covert placement of the device in the room of a resident has waived any privacy right the person may have had in connection with images or sounds that may be acquired by the device;(3)  that a resident or the resident's guardian or legal representative is entitled to conduct authorized electronic monitoring under Subchapter R, Chapter 242, Health and Safety Code, and that if the institution refuses to permit the electronic monitoring or fails to make reasonable physical accommodations for the authorized electronic monitoring that the person should contact the Department of Aging and Disability Services;(4)  the basic procedures that must be followed to request authorized electronic monitoring;(5)  the manner in which this chapter affects the legal requirement to report abuse or neglect when electronic monitoring is being conducted; and(6)  any other information regarding covert or authorized electronic monitoring that the executive commissioner considers advisable to include on the form.|Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0662, eff. April 2, 2015.|
TX Health & Safety Code § 242.845 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter R. Electronic Monitoring of Resident's Room|Section 242.845. Authorized Electronic Monitoring: Who May Request

Sec. 242.845.  AUTHORIZED ELECTRONIC MONITORING:  WHO MAY REQUEST.  (a)  If a resident has capacity to request electronic monitoring and has not been judicially declared to lack the required capacity, only the resident may request authorized electronic monitoring under this subchapter, notwithstanding the terms of any durable power of attorney or similar instrument.(b)  If a resident has been judicially declared to lack the capacity required for taking an action such as requesting electronic monitoring, only the guardian of the resident may request electronic monitoring under this subchapter.(c)  If a resident does not have capacity to request electronic monitoring but has not been judicially declared to lack the required capacity, only the legal representative of the resident may request electronic monitoring under this subchapter.  The executive commissioner by rule shall prescribe:(1)  guidelines that will assist institutions, family members of residents, advocates for residents, and other interested persons to determine when a resident lacks the required capacity; and(2)  who may be considered to be a resident's legal representative for purposes of this subchapter, including:(A)  persons who may be considered the legal representative under the terms of an instrument executed by the resident when the resident had capacity; and(B)  persons who may become the legal representative for the limited purpose of this subchapter under a procedure prescribed by the executive commissioner.|Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0663, eff. April 2, 2015.|