reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.073. Rules

Text of section effective until April 01, 2025
Sec. 161.073.  RULES.  The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13A.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.109, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.073. Rules

Text of section effective on April 01, 2025
Sec. 161.073.  RULES.  The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 524.0101(a), Government Code, between the commissioner and the executive commissioner, as adopted by rule.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.13A.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.109, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.074. Competitive Grant Program

Sec. 161.074.  COMPETITIVE GRANT PROGRAM.  (a)  The department shall establish a competitive grant program that promotes innovation in the delivery of aging and disability services and improves the quality of life for individuals receiving those services.
(b)  A grant awarded by the department under the program shall be used to:
(1)  test innovative practices in the provision of aging and disability services; or
(2)  disseminate information regarding innovative practices being used to provide aging and disability services.
(c)  The department shall request proposals for the award of a grant under the program.  The department shall evaluate the proposals and award a grant based on a proposal's academic soundness, quantifiable effectiveness, and potentially positive impact on the delivery of aging and disability services.
(d)  A grant awarded under Subsection (b)(1) must be made to an institution of higher education working in cooperation with a private entity that has committed resources to the project described in the proposal.
(e)  A grant recipient may use grant money received under this section only to pay for activities directly related to the purpose of the grant program as described by Subsection (b) and may not use grant money for fees or advertising.
(f)  The department shall establish procedures to administer the grant program, including a procedure for the submission of a proposal and a procedure to be used by the department to evaluate a proposal.
(g)  The department shall enter into a contract that includes performance requirements with each grant recipient.  The department shall monitor and enforce the terms of the contract.  The contract must authorize the department to recoup grant money from a grant recipient for failure of the grant recipient to comply with the terms of the contract.
(h)  The department shall post on its website a summary of each grant awarded under this section.
(i)  The legislature may appropriate money described by Sections 142.0174, 242.0695, 247.0458, and 252.069, Health and Safety Code, including unexpended and unobligated amounts collected during a previous state fiscal biennium, to fund the grant program authorized by this section.
Added by Acts 2005, 79th Leg., Ch. 786 (S.B. 52), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.075. Immunity for Area Agencies on Aging and Agency Employees and Volunteers

Sec. 161.075.  IMMUNITY FOR AREA AGENCIES ON AGING AND AGENCY EMPLOYEES AND VOLUNTEERS.  (a)  In this section:
(1)  "Area agency on aging" means an agency described by 42 U.S.C. Section 3002(6) and through which the department ensures the implementation of services and volunteer opportunities for older persons in this state as provided by Section 161.071(5)(A).
(2)  "Texas nonprofit organization" means a nonprofit corporation:
(A)  that is organized under the Texas Nonprofit Corporation Law as described by Section 1.008(d), Business Organizations Code; and
(B)  the funding of which is managed by an organization that is exempt from federal income tax under Section 501(a) of the Internal Revenue Code of 1986 by being listed as an exempt organization in Section 501(c)(3) of that code.
(3)  "Volunteer" means a person who:
(A)  renders services for or on behalf of an area agency on aging under the supervision of an area agency on aging employee;  and
(B)  does not receive compensation that exceeds the authorized expenses the person incurs in performing those services.
(b)  An area agency on aging that conducts an election on behalf of a Texas nonprofit organization is not civilly or criminally liable for any act or omission, including an act or omission relating to verifying the qualifications of candidates and determining and reporting election results, that relates to a duty or responsibility with respect to conducting the election if the agency acted in good faith and within the scope of the agency's authority.
(c)  An area agency on aging employee or volunteer who performs an act related to the conduct of an election described by Subsection (b) is not civilly or criminally liable for the act or any omission that relates to a duty or responsibility with respect to conducting the election if the person acted in good faith and within the scope of the person's authority.
Added by Acts 2007, 80th Leg., R.S., Ch. 594 (H.B. 41), Sec. 12, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.449, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.076. On-Site Surveys of Certain Providers

Sec. 161.076.  ON-SITE SURVEYS OF CERTAIN PROVIDERS.  At least every 12 months, the department shall conduct an unannounced on-site survey in each group home, other than a foster home, at which a Home and Community-based Services (HCS) provider provides services.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 37, eff. June 11, 2009.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.077. Investigation Database

Sec. 161.077.  INVESTIGATION DATABASE.  (a)  The department, in consultation with the Department of Family and Protective Services, shall develop and maintain an electronic database to collect and analyze information regarding the investigation and prevention of abuse, neglect, and exploitation of individuals with an intellectual disability who reside in a publicly or privately operated intermediate care facility for persons with an intellectual disability or in a group home, other than a foster home, at which a Home and Community-based Services (HCS) provider provides services and the results of regulatory investigations or surveys performed by the department regarding those facilities or providers.
(b)  The information collected in the database regarding investigations must be detailed, be easily retrievable, and include information relating to abuse, neglect, and exploitation investigations performed by either department and regulatory investigations performed by the department that are capable of being sorted by home, provider, and facility.
(c)  The database must facilitate the entry of required information and the sharing of information between the department and the Department of Family and Protective Services.  At a minimum, the database must include the following information regarding investigations of abuse, neglect, or exploitation:
(1)  the number of allegations of abuse, neglect, or exploitation received relating to a facility or group home, other than a foster home; and
(2)  the number of allegations relating to a facility or group home, other than a foster home, substantiated through an investigation.
(d)  Each allegation involving a unique individual in a facility or group home, other than a foster home, is considered a separate allegation for purposes of Subsection (c).
(e)  The department shall ensure that information related to findings concerning failure to comply with regulatory standards directly related to the prevention of abuse, neglect, or exploitation in a facility or group home, other than a foster home, is collected and stored in the database and may be disaggregated by home, provider, and facility.
(f)  The department and the Department of Family and Protective Services may not release or distribute information in the database in a form that contains personally identifiable information related to an individual in a facility or group home or to a victim of abuse, neglect, or exploitation.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 37, eff. June 11, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.450, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.078. Eligibility for Deaf-Blind With Multiple Disabilities Waiver Program

Sec. 161.078.  ELIGIBILITY FOR DEAF-BLIND WITH MULTIPLE DISABILITIES WAIVER PROGRAM.  (a)  Subject to the availability of funds appropriated for that purpose, the department shall provide home-based and community-based services under the deaf-blind with multiple disabilities waiver program without regard to a person's age if the person applies for and is otherwise eligible to receive services under the waiver program.
(b)  Subsection (a) does not prevent the department from establishing an age requirement with respect to other programs or services offered to persons who are deaf-blind with multiple disabilities, including the summer outdoor training program for individuals who are deaf-blind with multiple disabilities established under Section 22.036(c).
Added by Acts 2009, 81st Leg., R.S., Ch. 269 (S.B. 37), Sec. 1, eff. May 30, 2009.
Redesignated from Human Resources Code, Section 161.076 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(35), eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.451, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.080. Contracts for Services for Individuals With Developmental Disabilities

Sec. 161.080.  CONTRACTS FOR SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.  (a)  A person that provides services to individuals with developmental disabilities may contract with a state supported living center for the center to provide services and resources to support those individuals.
(b)  Notwithstanding any other law, a state supported living center may provide nonresidential services to support an individual if the provision of services to the individual does not interfere with the provision of services to a resident of the state supported living center.
(c)  The executive commissioner by rule shall establish:
(1)  a list of services a state supported living center may provide under a contract described by Subsection (a); and
(2)  procedures for the commission to create, maintain, and amend as needed a schedule of fees that a state supported living center may charge for a service included in the list described by Subdivision (1).
(d)  In creating a schedule of fees, the commission shall:
(1)  use the reimbursement rate for the applicable service under the Medicaid program; or
(2)  modify that rate with a written justification for the modification and after holding a public hearing on the issue of the modification.
Text of subsection effective on April 01, 2025
(e)  Notwithstanding Subsection (c), a state supported living center, based on negotiations between the center and a managed care organization, as defined by Section 540.0001, Government Code, may charge a fee for a service other than the fee provided by the schedule of fees created by the commission under this section.
Text of subsection effective until April 01, 2025
(e)  Notwithstanding Subsection (c), a state supported living center, based on negotiations between the center and a managed care organization, as defined by Section 533.001, Government Code, may charge a fee for a service other than the fee provided by the schedule of fees created by the commission under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 904 (H.B. 748), Sec. 1, eff. June 19, 2009.
Redesignated from Human Resources Code, Section 161.077 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(37), eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 320 (H.B. 1760), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.453, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 300 (S.B. 547), Sec. 1, eff. May 29, 2017.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.110, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.082. Long-Term Care Medicaid Waiver Programs: Utilization Review

Sec. 161.082.  LONG-TERM CARE MEDICAID WAIVER PROGRAMS:  UTILIZATION REVIEW.
Text of subsection effective until April 01, 2025
(a)  In this section, "Section 1915(c) waiver program" has the meaning assigned by Section 531.001, Government Code.
Text of subsection effective on April 01, 2025
(a)  In this section, "Section 1915(c) waiver program" has the meaning assigned by Section 521.0001, Government Code.
(b)  The department shall perform a utilization review of services in all Section 1915(c) waiver programs.  The utilization review must include, at a minimum, reviewing program recipients' levels of care and any plans of care for those recipients that exceed service level thresholds established in the applicable waiver program guidelines.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.06(b), eff. September 28, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.112, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.083. Corrections Medication Aides

Sec. 161.083.  CORRECTIONS MEDICATION AIDES.  (a)  The executive commissioner shall establish:
(1)  minimum standards and procedures for the approval of corrections medication aide training programs, including curricula, developed under Section 501.1485, Government Code;
(2)  minimum requirements for the issuance, denial, renewal, suspension, and revocation of a permit to a corrections medication aide, including the payment of an application or renewal fee in an amount necessary to cover the costs incurred by the department in administering this section; and
(3)  the acts and practices that are within and outside the scope of a permit issued under this section.
(b)  Not later than the 90th day after receipt of an application for approval of a corrections medication aide training program developed under Section 501.1485, Government Code, the department shall:
(1)  approve the program, if the program meets the minimum standards and procedures established under Subsection (a)(1); or
(2)  provide notice to the Texas Department of Criminal Justice that the program is not approved and include in the notice a description of the actions that are required for the program to be approved.
(c)  The department shall issue a permit to or renew the permit of an applicant who meets the minimum requirements established under Subsection (a)(2).  The department shall coordinate with the Texas Department of Criminal Justice in the performance of the department's duties and functions under this subsection.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 65.06, eff. September 28, 2011.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.084. Medicaid Service Options Public Education Initiative

Sec. 161.084.  MEDICAID SERVICE OPTIONS PUBLIC EDUCATION INITIATIVE.
Text of subsection effective until April 01, 2025
(a)  In this section, "Section 1915(c) waiver program" has the meaning assigned by Section 531.001, Government Code.
Text of subsection effective on April 01, 2025
(a)  In this section, "Section 1915(c) waiver program" has the meaning assigned by Section 521.0001, Government Code.
Text of subsection effective until April 01, 2025
(b)  The department, in cooperation with the commission, shall educate the public on:
(1)  the availability of home and community-based services under a Medicaid state plan program, including the primary home care and community attendant services programs, and under a Section 1915(c) waiver program; and
(2)  the various service delivery options available under the Medicaid program, including the consumer direction models available to recipients under Section 531.051, Government Code.
Text of subsection effective on April 01, 2025
(b)  The department, in cooperation with the commission, shall educate the public on:
(1)  the availability of home and community-based services under a Medicaid state plan program, including the primary home care and community attendant services programs, and under a Section 1915(c) waiver program; and
(2)  the various service delivery options available under the Medicaid program, including the consumer direction models available to recipients under Subchapter C, Chapter 546, Government Code.
(c)  The department may coordinate the activities under this section with any other related activity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1057 (S.B. 222), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.113, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.085. Interest List Reporting

Sec. 161.085.  INTEREST LIST REPORTING.  The department shall post on the department's Internet website historical data, categorized by state fiscal year, on the percentages of individuals who elect to receive services under a program for which the department maintains an interest list once their names reach the top of the list.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1057 (S.B. 222), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.086. Electronic Visit Verification System

Sec. 161.086.  ELECTRONIC VISIT VERIFICATION SYSTEM.  If it is cost-effective, the department shall implement an electronic visit verification system under appropriate programs administered by the department under the Medicaid program that allows providers to electronically verify and document basic information relating to the delivery of services, including:
(1)  the provider's name;
(2)  the recipient's name;
(3)  the date and time the provider begins and ends the delivery of services; and
(4)  the location of service delivery.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.07, eff. September 28, 2011.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.087. Gifts and Grants

Sec. 161.087.  GIFTS AND GRANTS.  (a)  The department may accept gifts and grants of money, personal property, and real property from public or private sources to expand and improve the human services programs for the aging and persons with disabilities available in this state.
(b)  The department shall use a gift or grant of money, personal property, or real property made for a specific purpose in accordance with the purpose expressly prescribed by the donor.  The department may decline the gift or grant if the department determines that it cannot be economically used for that purpose.
(c)  The department shall keep a record of each gift or grant in the department's central office in the city of Austin.
Added by Acts 2013, 83rd Leg., R.S., Ch. 320 (H.B. 1760), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.454, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.088. Trauma-Informed Care Training

Sec. 161.088.  TRAUMA-INFORMED CARE TRAINING.  (a)  The department shall develop or adopt trauma-informed care training for employees who work directly with individuals with intellectual and developmental disabilities in state supported living centers and intermediate care facilities.  The executive commissioner by rule shall require new employees to complete the training before working with individuals with intellectual and developmental disabilities.
(b)  The training required under this section may be provided through an Internet website.
Added by Acts 2015, 84th Leg., R.S., Ch. 796 (H.B. 2789), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. Powers and Duties of Department › Section 161.0892. Informal Dispute Resolution

Sec. 161.0892.  INFORMAL DISPUTE RESOLUTION.  (a)  The executive commissioner by rule shall establish an informal dispute resolution process in accordance with this section.  The process must provide for adjudication by an appropriate disinterested person of disputes relating to a proposed enforcement action or related proceeding of the commission against a provider participating in a waiver program described by Section 161.089.  The informal dispute resolution process must require:
(1)  a provider participating in a waiver program described by Section 161.089 to request informal dispute resolution not later than the 10th calendar day after the date of notification by the commission of the violation of a law or rule relating to the program; and
(2)  the commission to complete the process not later than the 30th calendar day after the date of receipt of a request from a provider for informal dispute resolution.
(b)  As part of the informal dispute resolution process established under this section, the commission shall contract with an appropriate disinterested person to adjudicate disputes between a provider participating in a waiver program described by Section 161.089 and the commission concerning a statement of violations prepared by the commission.  Section 2009.053, Government Code, does not apply to the selection of an appropriate disinterested person under this subsection.  The person with whom the commission contracts shall adjudicate all disputes described by this subsection.
(c)  The executive commissioner shall adopt rules to adjudicate claims in contested cases.
(d)  The commission may not delegate its responsibility to administer the informal dispute resolution process established by this section to another state agency.
Added by Acts 2017, 85th Leg., R.S., Ch. 487 (H.B. 2590), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. -1. Administration of Medication for Clients With Intellectual and Developmental Disabilities › Section 161.091. Definitions

Sec. 161.091.  DEFINITIONS.  In this subchapter:
(1)  "Administration of medication" means:
(A)  removing a unit or dose of medication from a previously dispensed, properly labeled container;
(B)  verifying the medication with the medication order;
(C)  giving the proper medication in the proper dosage to the proper client at the proper time by the proper administration route; and
(D)  recording the time of administration and dosage administered.
(2)  "Client" means a person with an intellectual and developmental disability who is receiving services from a facility or program listed in Section 161.092.
(3)  "Unlicensed person" means an individual not licensed as a health care provider who provides services at or for a facility or program listed in Section 161.092, including:
(A)  a nurse aide, orderly, assistant, attendant, technician, home health aide, medication aide with a permit issued by a state agency, or other individual who provides personal health care-related services;
(B)  a person who is monetarily compensated to perform certain health-related tasks and functions in a complementary or assistive role to a licensed nurse who provides direct client care or performs common nursing functions;
(C)  a person who performs those tasks and functions as a volunteer but does not qualify as a friend providing gratuitous nursing care of the sick under Section 301.004, Occupations Code; or
(D)  a person who is a professional nursing student who provides care for monetary compensation and not as part of a formal educational program.
Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. -1. Administration of Medication for Clients With Intellectual and Developmental Disabilities › Section 161.092. Applicability

Sec. 161.092.  APPLICABILITY.  This subchapter applies only to administration of medication provided to certain persons with intellectual and developmental disabilities who are served:
(1)  in a small facility with not less than one and not more than eight beds that is licensed or certified under Chapter 252, Health and Safety Code;
(2)  in a medium facility with not less than 9 and not more than 13 beds that is licensed or certified under Chapter 252, Health and Safety Code; or
(3)  by one of the following Section 1915(c) waiver programs administered by the department to serve persons with intellectual and developmental disabilities:
(A)  the Home and Community-Based Services waiver program; or
(B)  the Texas Home Living waiver program.
Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.455, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. -1. Administration of Medication for Clients With Intellectual and Developmental Disabilities › Section 161.093. Administration of Medication

Sec. 161.093.  ADMINISTRATION OF MEDICATION.  (a)  Notwithstanding other law, an unlicensed person may provide administration of medication to a client without the requirement that a registered nurse delegate or oversee each administration if:
(1)  the medication is:
(A)  an oral medication;
(B)  a topical medication; or
(C)  a metered dose inhaler;
(2)  the medication is administered to the client for a stable or predictable condition;
(3)  the client has been personally assessed by a registered nurse initially and in response to significant changes in the client's health status, and the registered nurse has determined that the client's health status permits the administration of medication by an unlicensed person; and
(4)  the unlicensed person has been:
(A)  trained by a registered nurse or licensed vocational nurse under the direction of a registered nurse regarding proper administration of medication; or
(B)  determined to be competent by a registered nurse or licensed vocational nurse under the direction of a registered nurse regarding proper administration of medication, including through a demonstration of proper technique by the unlicensed person.
(b)  The administration of medication other than the medications described by Subsection (a)(1) is subject to the rules of the Texas Board of Nursing regarding the delegation of nursing tasks to unlicensed persons in independent living environments such as the facilities and programs listed in Section 161.092.
Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. -1. Administration of Medication for Clients With Intellectual and Developmental Disabilities › Section 161.094. Department Duties

Sec. 161.094.  DEPARTMENT DUTIES.  (a)  The department shall ensure that:
(1)  administration of medication by an unlicensed person under this subchapter is reviewed at least annually and after any significant change in a client's condition by a registered nurse or a licensed vocational nurse under the supervision of a registered nurse; and
(2)  a facility or program listed in Section 161.092 has policies to ensure that the determination of whether an unlicensed person may provide administration of medication to a client under Section 161.093 may be made only by a registered nurse.
(b)  The department shall verify that:
(1)  each client is assessed to identify the client's needs and abilities regarding the client's medications;
(2)  the administration of medication by an unlicensed person to a client is performed only by an unlicensed person who is authorized to perform that administration under Section 161.093; and
(3)  the administration of medication to each client is performed in such a manner as to ensure the greatest degree of independence, including the use of an adaptive or assistive aid, device, or strategy as allowed under program rules.
(c)  The department shall enforce this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. -1. Administration of Medication for Clients With Intellectual and Developmental Disabilities › Section 161.095. Liability

Sec. 161.095.  LIABILITY.  (a)  A registered nurse performing a client assessment required under Section 161.093, or a registered nurse or licensed vocational nurse training an unlicensed person or determining whether an unlicensed person is competent to perform administration of medication under Section 161.093, may be held accountable or civilly liable only in relation to whether the nurse properly:
(1)  performed the assessment;
(2)  conducted the training; and
(3)  determined whether the unlicensed person is competent to provide administration of medication to clients.
(b)  The Texas Board of Nursing may take disciplinary action against a registered nurse or licensed vocational nurse under this subchapter only in relation to whether:
(1)  the registered nurse properly performed the client assessment required by Section 161.093;
(2)  the registered nurse or licensed vocational nurse properly trained the unlicensed person in the administration of medication; and
(3)  the registered nurse or licensed vocational nurse properly determined whether an unlicensed person is competent to provide administration of medication to clients.
(c)  A registered nurse or licensed vocational nurse may not be held accountable or civilly liable for the acts or omissions of an unlicensed person performing administration of medication.
Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter D. -1. Administration of Medication for Clients With Intellectual and Developmental Disabilities › Section 161.096. Conflict With Other Law

Sec. 161.096.  CONFLICT WITH OTHER LAW.  This subchapter controls to the extent of a conflict with other law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter E. Guardianship Services › Section 161.102. Referral to Guardianship Program, Court, or Other Person

Sec. 161.102.  REFERRAL TO GUARDIANSHIP PROGRAM, COURT, OR OTHER PERSON.  (a)  If the department becomes aware of a guardianship program, private professional guardian, or other person willing and able to provide the guardianship services that would otherwise be provided by the department to an individual referred to the department by the Department of Family and Protective Services under Section 48.209, the department shall refer the individual to that person or program for guardianship services.
(b)  If requested by a court, the department shall notify the court of any referral made to the department by the Department of Family and Protective Services relating to any individual who is domiciled or found in a county where the requesting court has probate jurisdiction and who may be appropriate for a court-initiated guardianship proceeding under Chapter 1102, Estates Code.  In making a referral under this subsection and if requested by the court, the department shall, to the extent allowed by law, provide the court with all relevant information in the department's records relating to the individual.  The court, as part of this process, may not require the department to:
(1)  perform the duties of a guardian ad litem or court investigator as prescribed by Chapter 1102, Estates Code; or
(2)  gather additional information not contained in the department's records.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.457, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter E. Guardianship Services › Section 161.103. Contract for Guardianship Services

Sec. 161.103.  CONTRACT FOR GUARDIANSHIP SERVICES.  If appropriate, the department may contract with a political subdivision of this state, a guardianship program as defined by Section 1002.016, Estates Code, a private agency, or another state agency for the provision of guardianship services under this section.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.458, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter E. Guardianship Services › Section 161.104. Quality Assurance Program

Sec. 161.104.  QUALITY ASSURANCE PROGRAM.  The department shall develop and implement a quality assurance program for guardianship services provided by or on behalf of the department.  If the department enters into a contract with a political subdivision, guardianship program, private agency, or other state agency under Section 161.103, the department shall establish a monitoring system as part of the quality assurance program to ensure the quality of guardianship services for which the department contracts under that section.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter E. Guardianship Services › Section 161.105. Oath

Sec. 161.105.  OATH.  A representative of the department shall take the oath required by the Estates Code on behalf of the department if the department is appointed guardian of the person or estate, or both, of a ward under Title 3 of that code.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.459, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter E. Guardianship Services › Section 161.106. Guardianship Powers and Duties

Sec. 161.106.  GUARDIANSHIP POWERS AND DUTIES.  In serving as guardian of the person or estate, or both, for an incapacitated individual, the department has all the powers granted and duties prescribed to a guardian under Title 3, Estates Code, or any other applicable law.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.460, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter E. Guardianship Services › Section 161.107. Exemption From Guardianship Bonds, Certain Costs, Fees, and Expenses

Sec. 161.107.  EXEMPTION FROM GUARDIANSHIP BONDS, CERTAIN COSTS, FEES, AND EXPENSES.  (a)  The department or a political subdivision of this state or state agency with which the department contracts under Section 161.103 is not required to post a bond or pay any cost or fee associated with a bond otherwise required by the Estates Code in guardianship matters.
(b)  The department is not required to pay any cost or fee otherwise imposed for court proceedings or other services, including:
(1)  a filing fee or fee for issuance of service of process imposed by Section 51.319, Government Code;
(2)  a judge's fee imposed by Section 25.0008 or 25.0029, Government Code;
(3)  a cost or security fee imposed by Section 53.051, 53.052, 1053.051, or 1053.052, Estates Code; or
(4)  a fee imposed by a county officer under Section 118.011 or 118.052, Local Government Code.
(c)  The department may not be required to pay fees associated with the appointment of a guardian ad litem or attorney ad litem.
(d)  A political subdivision of this state or state agency with which the department contracts under Section 161.103 is not required to pay any cost or fee otherwise required by the Estates Code.
(e)  If the department is appointed guardian, the department is not liable for funding services provided to the department's ward, including long-term care or burial expenses.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.461, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 4.08, eff. January 1, 2022.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter E. Guardianship Services › Section 161.108. Successor Guardian

Sec. 161.108.  SUCCESSOR GUARDIAN.  The department shall review each of the department's pending guardianship cases at least annually to determine whether a more suitable person, including a guardianship program or private professional guardian, is willing and able to serve as successor guardian for a ward of the department.  If the department becomes aware of any person's willingness and ability to serve as successor guardian, the department shall notify the court in which the guardianship is pending as required by Section 1203.151, Estates Code.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.462, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter E. Guardianship Services › Section 161.109. Access to Records or Documents

Sec. 161.109.  ACCESS TO RECORDS OR DOCUMENTS.  (a)  The department shall have access to all of the records and documents concerning an individual who is referred for guardianship services or to whom guardianship services are provided under this subchapter that are necessary to the performance of the department's duties under this subchapter, including:
(1)  client-identifying information; and
(2)  medical, psychological, educational, financial, and residential information.
(b)  The department is exempt from the payment of a fee otherwise required or authorized by law to obtain a financial or medical record, including a mental health record, from any source if the request for a record is related to an assessment for guardianship services conducted by the department or the provision of guardianship services by the department.
(c)  If the department cannot obtain access to a record or document that is necessary to properly perform a duty under this subchapter, the department may petition the probate court or the statutory or constitutional court having probate jurisdiction for access to the record or document.
(d)  The court with probate jurisdiction shall, on good cause shown, order the person or entity who denied access to a record or document to allow the department to have access to the record or document under the terms and conditions prescribed by the court.
(e)  A person or entity is entitled to notice of and a hearing on the department's petition for access as described by this section.
(f)  Access to, or disclosure of, a confidential record or other confidential information under this section does not constitute a waiver of confidentiality for other purposes or as to other persons.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 599 (S.B. 220), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter E. Guardianship Services › Section 161.110. Legal Representation of Department

Sec. 161.110.  LEGAL REPRESENTATION OF DEPARTMENT.  (a)  Except as provided by Subsection (b), (c), or (f), the prosecuting attorney representing the state in criminal cases in the county court shall represent the department in any proceeding under this subchapter unless the representation would be a conflict of interest.
(b)  If the attorney representing the state in criminal cases in the county court is unable to represent the department in an action under this subchapter because of a conflict of interest, the attorney general shall represent the department in the action.
(c)  If the attorney general is unable to represent the department in an action under this subchapter, the attorney general shall deputize an attorney who has contracted with the department under Subsection (d) or an attorney employed by the department under Subsection (e) to represent the department in the action.
(d)  Subject to the approval of the attorney general, the department may contract with a private attorney to represent the department in an action under this subchapter.
(e)  The department may employ attorneys to represent the department in an action under this subchapter.
(f)  In a county having a population of more than 2.8 million, the prosecuting attorney representing the state in civil cases in the county court shall represent the department in any proceeding under this subchapter unless the representation would be a conflict of interest.  If such attorney is unable to represent the department in an action under this subchapter because of a conflict of interest, the attorney general shall represent the department in the action.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter E. Guardianship Services › Section 161.112. Indemnification for Legal Expenses

Sec. 161.112.  INDEMNIFICATION FOR LEGAL EXPENSES.  If a present or former employee of the department who was involved in activities related to the provision of guardianship services under this subchapter is criminally prosecuted for conduct related to the person's misfeasance or nonfeasance in the course and scope of the person's employment and is found not guilty after a trial or appeal or if the complaint or indictment is dismissed without a plea of guilty or nolo contendere being entered, the department may indemnify the person or the person's estate for the reasonable attorney's fees incurred in defense of the prosecution up to a maximum of $10,000.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter E. Guardianship Services › Section 161.113. Immunity

Sec. 161.113.  IMMUNITY.  (a)  In this section, "volunteer" means a person who:
(1)  renders services for or on behalf of the department under the supervision of a department employee; and
(2)  does not receive compensation that exceeds the authorized expenses the person incurs in performing those services.
(b)  A department employee or an authorized volunteer who performs a department duty or responsibility under this subchapter is immune from civil or criminal liability for any act or omission that relates to the duty or responsibility if the person acted in good faith and within the scope of the person's authority.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter E. Guardianship Services › Section 161.114. Use of Volunteers

Sec. 161.114.  USE OF VOLUNTEERS.  (a)  In this section, "volunteer" has the meaning assigned by Section 161.113.
(b)  The department shall encourage the involvement of volunteers in guardianships in which the department serves as guardian of the person or estate, or both.  To encourage that involvement, the department shall identify issues and tasks with which a volunteer could assist the department in a guardianship, subject to Subsection (c).
(c)  A volunteer may provide life enrichment activities, companionship, transportation services, and other services to or for the ward in a guardianship, except the volunteer may not provide services that would require the volunteer to be certified under Section 155.102, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 599 (S.B. 220), Sec. 5, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 2.27, eff. September 1, 2014.