reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 556 - NURSE AIDES › Section 556.12 - Findings and Inquiries

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC reviews
				and investigates allegations of abuse, neglect, or misappropriation of resident
				property by a nurse aide employed in a nursing facility. If HHSC finds that a
				nurse aide committed an act of abuse, neglect, or misappropriation of resident
				property, before entry of the finding on the NAR, HHSC provides the nurse aide
				an opportunity to dispute the finding through an informal review (IR) and a
				hearing as described in this section.
(b) If HHSC finds that a nurse aide committed
				an act of abuse, neglect, or misappropriation of resident property, HHSC sends
				the nurse aide a written notice regarding the finding. The notice includes:
(1) a summary of the findings and facts on
				which the findings are based;
(2) a
				statement informing the nurse aide of the right to an IR to dispute HHSC
				findings;
(3) a statement informing
				the nurse aide that a request for an IR must be made within 10 days after the
				date the nurse aide receives the written notice; and
(4) the address and contact information for
				the local HHSC regional office, where the nurse aide must submit a request for
				an IR.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 556 - NURSE AIDES › Section 556.13 - Alternate Licensing Requirements for Military Service Personnel

Current through Reg. 49, No. 28; July 12, 2024
(a) Additional time for in-service education.
(1) HHSC gives a nurse aide an additional two
				years to complete in-service education required for a nurse aide to maintain
				their certificate of registration and an active listing on the NAR, as
				described in §
										556.9(e)(3)
				of this chapter (relating to Certificate of Registration, Nurse Aide Registry,
				and Renewal), if HHSC receives and approves a request for additional time to
				complete in-service training from a nurse aide in accordance with this
				subsection.
(2) To request
				additional time to complete in-service education, a nurse aide must submit a
				written request for additional time to HHSC before the expiration date of the
				nurse aide's certification. The nurse aide must include with the request
				documentation of the nurse aide's status as a military service member that is
				acceptable to HHSC. Documentation as a military service member that is
				acceptable to HHSC includes a copy of a military service order issued by the
				United States Armed Forces, the State of Texas, or another state.
(3) If HHSC requests additional
				documentation, the nurse aide must submit the requested
				documentation.
(4) HHSC approves a
				request for two additional years to complete in-service education submitted in
				accordance with this subsection if HHSC determines that the nurse aide is a
				military service member, except HHSC does not approve a request if HHSC granted
				the nurse aide a previous extension and the nurse aide did not complete the
				in-service education requirements during the previous extension
				period.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 556 - NURSE AIDES › Section 556.100 - Nurse Aide Transition from Temporary Status

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual who has accumulated hours
				of work training and work experience in a nursing facility during the COVID-19
				public health emergency determination issued by the United States Secretary of
				Health and Human Services (COVID-19 public health emergency) is allowed to
				count such hours worked under a qualified instructor (work training and
				experience) towards classroom and clinical training hours required as part of a
				NATCEP. Due to the COVID-19 public health emergency, during which the
				containment of the spread of the COVID-19 virus was necessary, work training
				and experience will be accepted for this purpose from all nursing facilities
				regardless of their eligibility to provide or their establishment of a
				NATCEP.
(b) The work training and
				experience described in subsection (a) of this section must include the minimum
				requirements in §
									556.3(j)
				of this chapter (relating to Nurse Aide Training and Competency Evaluation
				Program (NATCEP) Requirements).
(c)
				The instructor for the work training and experience described in subsection (a)
				of this section must meet the requirements in §
									556.5(b)
				of this chapter (relating to Program Director, Program Instructor, Supplemental
				Trainers, and Skills Examiner Requirements).
(d) For an individual with work training and
				experience described in subsection (a) of this section to count work training
				and experience hours as classroom and clinical training hours, the facility
				where the work training and experience was performed must complete a form
				provided by HHSC. The facility must document the following on the form:
(1) the name of the nurse instructor
				responsible for training and supervising the individual and an attestation that
				meets the requirements in §
										556.5(b)
				of this chapter;
(2) a list of the
				training requirements with an attestation that the individual was trained in
				each;
(3) an attestation that the
				duration of the work training and experience is at least 100 hours;
				and
(4) the signature of the nurse
				instructor.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.101 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this chapter is
				to implement the provisions of the:
(1) Texas
				Health and Safety Code, Chapter 242, Subchapter N, concerning the
				administration of medications to facility residents;
(2) Texas Health and Safety Code, Chapter
				142, Subchapter B, concerning the administration of medication by a home and
				community support services agency; and
(3) Texas Human Resource Code §161.083,
				concerning the administration of medication to an inmate in a correctional
				facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.103 - Requirements for Administering Medications

Current through Reg. 49, No. 28; July 12, 2024
(a) General. A person may not administer
				medication to a resident in a facility or a correctional facility unless the
				person:
(1) holds a current license under
				state law which authorizes the licensee to administer medication; or
(2) if administering medication in a
				facility, holds a current permit issued under Texas Health and Safety Code,
				Chapter 242, Subchapter N, or if administering medication in a correctional
				facility, holds a current permit issued under Texas Human Resources Code §
				161.083 or Texas Health and Safety Code, Chapter 242, Subchapter N and acts
				under the authority of a person who holds a current license under state law
				which authorizes the licensee to administer medication.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.105 - Allowable and Prohibited Practices of a Medication Aide

Current through Reg. 49, No. 28; July 12, 2024
(a) A medication aide under Texas Health and
				Safety Code, Chapter 242, Subchapter N, may:
(1) observe and report to the facility's
				charge licensed nurse reactions and side effects to medication shown by a
				resident;
(2) take and record vital
				signs before the administration of medication that could affect or change the
				vital signs;
(3) administer
				regularly prescribed medication to a resident if the medication aide:
(A) is trained to administer the
				medication;
(B) personally prepares
				the medication or sets up the medication to be administered from a unit dose
				pack; and
(C) documents the
				administration of the medication in the resident's clinical record;
(4) administer oxygen per nasal
				cannula or a non-sealing mask only in an emergency, after which the medication
				aide must verbally notify the licensed nurse on duty or on call and
				appropriately document the action and notification;
(5) apply specifically ordered ophthalmic,
				otic, nasal, vaginal, and rectal medication;
(6) administer previously ordered PRN
				medication, if:
(A) the facility's licensed
				nurse on duty or on call authorizes the medication;
(B) the medication aide documents in the
				resident's records the symptoms indicating the need for the medication and the
				time the symptoms occurred;
(C) the
				medication aide documents in the resident's records that the facility's
				licensed nurse was contacted, symptoms were described, and the licensed nurse
				granted permission to administer the medication, including the time of
				contact;
(D) the medication aide
				obtains authorization to administer the medication from the facility's licensed
				nurse on duty or on call each time the symptoms occur; and
(E) the medication aide ensures that the
				resident's record is co-signed by the licensed nurse who gave authorization by
				the end of the nurse's shift or, if the nurse was on call, by the end of the
				nurse's next shift;
(7)
				measure a prescribed amount of a liquid medication to be administered to a
				resident;
(8) break a tablet to be
				administered to a resident, if:
(A) the
				resident's medication card or its equivalent accurately documents how the
				tablet must be broken before administration; and
(B) the licensed nurse on duty or on call has
				calculated the dosage;
(9) crush medication, if the medication aide:
(A) obtains authorization to crush the
				medication from the licensed nurse on duty or on call; and
(B) documents the authorization on the
				resident's medication card or its equivalent; and
(10) electronically order a refill of
				medication from a pharmacy, if the refill request is signed by the licensed
				nurse on duty or on call.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.107 - Training Requirements; Nursing Graduates; Reciprocity

Current through Reg. 49, No. 28; July 12, 2024
(a) Each applicant for a permit issued under
				Texas Health and Safety Code, Chapter 242, Subchapter N, must complete a
				training program unless the applicant meets the requirements of subsection (c)
				or (e) of this section.
(b) Before
				submitting an application for a permit under Texas Health and Safety Code,
				Chapter 242, Subchapter N, an applicant must:
(1) be able to read, write, speak, and
				understand English;
(2) be at least
				18 years of age;
(3) be free of
				communicable diseases and in suitable physical and emotional health to safely
				administer medications;
(4) be a
				graduate of an accredited high school or have proof of successfully passing a
				general educational development test;
(5) be employed in a facility as a nurse aide
				or nonlicensed direct care staff person on the first official day of an
				applicant's medication aide training program; and
(6) have been employed:
(A) as a nurse aide in a Medicare-skilled
				nursing facility or a Medicaid nursing facility; or
(B) in a facility for 90 days as a
				nonlicensed direct care staff person during the 12-month period before the
				first official day of the applicant's medication aide training
				program;
(7) not have a
				criminal history that HHSC determines is a basis for denying the permit under
				§
										557.121
				of this chapter (relating to Permitting of Persons with Criminal
				Backgrounds);
(8) not be listed as
				unemployable on the EMR; and
(9)
				not be listed with a revoked or suspended status on the NAR.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.109 - Application Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				for a permit under Texas Health and Safety Code, Chapter 242, Subchapter N, who
				complies with §
									557.107(a)
				of this chapter (relating to Training Requirements; Nursing Graduates;
				Reciprocity) must, no later than 20 days after enrollment in a training
				program:
(1) complete an application,
				including the following materials:
(A) the
				general statement enrollment form, which must contain:
(i) specific information regarding the
				applicant's personal data, certain misdemeanor and felony convictions, work
				experience, education, and training;
(ii) a statement that the applicant has met
				all the requirements in §
												557.107(b)
				of this chapter before the start of the program;
(iii) a statement that the applicant
				understands that application fees submitted in the permit process are
				nonrefundable;
(iv) a statement
				that the applicant understands materials submitted in the application process
				are nonreturnable;
(v) a statement
				that the applicant understands that it is a misdemeanor to falsify any
				information submitted to HHSC; and
(vi) the applicant's signature, which has
				been dated and notarized; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.111 - Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC gives a written examination to each
				applicant at a site determined by HHSC.
(1)
				The applicant must meet the requirements of § 557.107 of this chapter
				(relating to Training Requirements; Nursing Graduates; Reciprocity) and §
				557.360 of this chapter (relating to Application Procedures) before taking the
				written examination.
(2) The
				applicant is tested on the subjects taught in the training program curricula
				and clinical experience. The examination covers an applicant's knowledge of
				accurate and safe drug therapy that will be administered to a facility's
				residents.
(3) The examination must
				be given after the applicant has successfully completed the training program or
				met the requirements of § 557.107(c) - (e) of this chapter (relating to
				Training Requirements; Nursing Graduates; Reciprocity).
(4) An applicant with a disability, including
				an applicant with dyslexia as defined in Texas Education Code § 51.970
				(relating to Instructional Material for Blind and Visually Impaired Students
				and Students with Dyslexia), may request a reasonable accommodation for the
				examination under the Americans with Disabilities Act.
(5) Staff of a training program must notify
				HHSC at least four weeks prior to its requested examination date.
(6) HHSC determines the passing grade on the
				examination.
(7) If HHSC grades or
				reviews the examination, HHSC notifies the applicant of the results of the
				examination not later than the 30th day after the date the applicant took the
				examination.
(8) If a testing
				service grades or reviews the examination:
(A) HHSC notifies the applicant of the
				results of the examination not later than the 14th day after the date HHSC
				receives the results from the testing service; and
(B) if notice of the examination results will
				be delayed for longer than 90 days after the examination date, HHSC notifies
				the applicant of the reasons for the delay before the 90th
				day.
(9) HHSC may require
				a testing service to notify an applicant of the results of the applicant's
				examination.
(10) HHSC notifies in
				writing an applicant who fails the examination.
(A) HHSC may give an applicant under §
				557.107(a) of this chapter one subsequent examination, without additional
				payment of a fee, upon the applicant's written request to HHSC.
(B) A subsequent examination must be
				completed by the date given in the failure notification. The site of the
				examination is determined by HHSC.
(C) HHSC gives no further examinations if the
				student fails the subsequent examination, unless the student enrolls in and
				successfully completes another training program.
(D) If requested in writing by an applicant
				who fails the examination, HHSC furnishes the applicant with an analysis of the
				applicant's performance on the examination.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.113 - Determination of Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC
				approves or denies each application for a permit.
(b) Notices of application approval, denial,
				or deficiency must be in accordance with §
									557.127 of
				this chapter (relating to Application Processing).
(c) HHSC denies an application for a permit
				if the person:
(1) does not meet the
				requirements in §
										557.107
				of this chapter (relating to Training Requirements; Nursing Graduates;
				Reciprocity) or §
										557.125
				of this chapter (relating to Requirements for Corrections Medication
				Aides);
(2) fails to pass the
				examination prescribed by HHSC, as referenced in §
										557.111 of
				this chapter (relating to Examination), or developed by TDCJ, as referenced in
				§
										557.125(g)
				of this chapter;
(3) fails or
				refuses to properly complete or submit an application form or fee, or
				deliberately submits false information on any form or document required by
				HHSC;
(4) violates or conspires to
				violate the Texas Health and Safety Code, Chapter 242, Subchapter N, Texas
				Human Resources Code §
										161.083,
				or any provision of this chapter;
(5) has a criminal history that HHSC
				determines is a basis for denying the permit under §
										557.121
				of this chapter (relating to Permitting of Persons with Criminal
				Backgrounds);
(6) is listed with a
				revoked or suspended status on the HHSC NAR; or
(7) is listed as unemployable on the
				EMR.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.115 - Permit Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) When issued, an initial permit is valid
				for 12 months from the date of issue.
(2) A medication aide must renew the permit
				annually.
(3) Each medication aide
				is responsible for renewing the permit before the expiration date. Failure to
				receive notification from HHSC before the expiration date of the permit does
				not excuse the medication aide's failure to file for timely renewal.
(4) A medication aide must complete a seven
				hour continuing education program approved by HHSC before expiration of the
				permit in order to renew the permit. Continuing education hours are not
				required for the first renewal. After a permit is renewed for the first time,
				the medication aide must earn approved continuing education hours to have the
				permit renewed again.
(5) HHSC
				denies renewal of the permit of a medication aide who:
(A) is in violation of Texas Health and
				Safety Code, Chapter 242, Subchapter N, Texas Human Resources Code §
											161.083,
				or this chapter at the time of application for renewal;
(B) has a conviction of a criminal offense
				listed in Texas Health and Safety Code §
											250.006(a),
				or a conviction of a criminal offense listed in Texas Health and Safety Code
				§
											250.006(b)
				within five years before the date HHSC receives the renewal
				application;
(C) is listed as
				unemployable on the EMR;
(D) is
				listed with a revoked or suspended status on the NAR; or
(E) is in default on a guaranteed student
				loan as described in Texas Education Code §
											57.491.
(6) A person whose permit has
				expired may not engage in activities that require a permit until the permit has
				been renewed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.117 - Changes

Current through Reg. 49, No. 28; July 12, 2024
(a) A medication aide must notify HHSC within
				30 days after changing the medication aide's required contact information,
				including name, preferred mailing address, or email address.
(b) HHSC replaces a lost, damaged, or
				destroyed permit upon receipt of a completed duplicate permit request form and
				permit replacement fee as set out in § 557.360(c) of this chapter
				(relating to Application Procedures) and § 557.125(f) of this chapter
				(relating to Requirements for Corrections Medication Aides).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.119 - Training Program Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Application. An educational institution accredited by the Texas Workforce
				Commission or Texas Higher Education Coordinating Board that desires to offer a
				training program must file an application for approval on an HHSC form.
				Programs sponsored by state agencies for the training and preparation of their
				own employees are exempt from the accreditation requirement. An approved
				institution may offer the training program and a continuing education program.
(1) All signatures on HHSC forms and
				supporting documentation must be originals.
(2) The application must include:
(A) the anticipated dates of the
				program;
(B) the location(s) of the
				classroom instruction and training course(s);
(C) the name of the coordinator of the
				program;
(D) a list that includes
				the address and telephone number of each instructor and any other persons
				responsible for the conduct of the program; and
(E) an outline of the program content and
				curriculum if the curriculum covers more than HHSC established
				curricula.
(3) HHSC may
				conduct an inspection of the classroom instruction and training site.
(4) HHSC sends notice of approval or proposed
				denial of the application to the program within 30 days after receiving a
				complete application. If HHSC proposes to deny the application due to
				noncompliance with the requirements of Texas Health and Safety Code, Chapter
				242, Subchapter N, or this chapter, the reasons for denial are given in the
				notice.
(5) An applicant may
				request in writing a hearing on a proposed denial. The applicant must submit a
				request within 15 days after the applicant receives notice of the proposed
				denial. The hearing is governed by 1 TAC Chapter 357, Subchapter I (relating
				the Hearings under the Administrative Procedure Act); 40 TAC Chapter 91
				(relating to Hearings under the Administrative Procedure Act); and Texas
				Government Code, Chapter 2001. If no request is made, the applicant has waived
				the opportunity for a hearing, and the proposed action may be taken.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.121 - Permitting of Persons with Criminal Backgrounds

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may suspend or revoke an existing
				permit, deny a permit, or deny a person the opportunity to take the examination
				for a permit if the person has been convicted of a felony or misdemeanor
				offense that directly relates to the duties and responsibilities of a
				medication aide.
(b) When
				considering whether a criminal conviction directly relates to the duties and
				responsibilities of a medication aide, HHSC considers:
(1) that the following offenses may reflect
				an actual or potential inability to perform as a medication aide:
(A) the misdemeanor of knowingly or
				intentionally acting as a medication aide without a permit issued under the
				Texas Health and Safety Code, Chapter 242;
(B) any conviction for an offense listed in
				§
											250.006
				of the Texas Health and Safety Code;
(C) any conviction, other than a Class C
				Misdemeanor, for an offense defined under Texas Penal Code, Chapter 22, as
				assault; sexual assault; intentional exposure of another to AIDS or HIV;
				aggravated assault or sexual assault; injury to a child, elderly person, or
				person with disabilities; or aiding suicide;
(D) any conviction, except Class C
				Misdemeanors, with a final disposition within the last ten years, for an
				offense defined in the Texas Penal Code as burglary under Chapter 30; theft
				under §31.03; sale or display of harmful material to minors; sexual
				performance by a child; and possession or promotion of child
				pornography;
(E) any conviction for
				an offense defined in the Texas Penal Code as an attempt, solicitation,
				conspiracy, or organized criminal activity to commit any offense listed in
				subparagraphs (B) - (D) of this paragraph; and
(F) any conviction under United States
				statutes or jurisdiction other than Texas for any offense equivalent to those
				listed in subparagraphs (B) - (E) of this paragraph;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.123 - Violations, Complaints, and Disciplinary Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing of complaints. Any person may
				complain to HHSC alleging that a person or program has violated the Texas
				Health and Safety Code, Chapter 242, Subchapter N; Texas Human Resources Code
				§
									161.083;
				or this chapter.
(1) Persons who want to file
				a complaint against a medication aide, training program, or another person,
				must notify HHSC by calling 1-800-458-9858 or by writing the Medication Aide
				Permit Program, Health and Human Services Commission, P.O. Box 149030, Mail
				Code E-416, Austin, Texas 78714-9030.
(2) Anonymous complaints may be investigated
				by HHSC if the complainant provides sufficient information.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.125 - Requirements for Corrections Medication Aides

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				to provide the qualifications, conduct, and practice activities of a medication
				aide employed in a correctional facility or employed by a medical services
				contractor for a correctional facility.
(b) Supervision and applicable law and rules.
				A medication aide must function under the direct supervision of a licensed
				nurse on duty or on call by the correctional facility using the medication
				aide. A medication aide must:
(1) function in
				accordance with applicable law and rules relating to administration of
				medication and operation of a correctional facility; and
(2) comply with TDCJ rules applicable to
				personnel used in a correctional institution.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.127 - Application Processing

Current through Reg. 49, No. 28; July 12, 2024
(a) Time periods.
				HHSC complies with the following procedures in processing applications for a
				facility and corrections medication aide permit and renewal.
(1) The following periods of time apply from
				the date HHSC receives an application until the date HHSC issues a written
				notice that the application is complete and accepted for filing or that the
				application is deficient and additional specific information is required. HHSC
				may issue a written notice stating that the application has been approved
				instead of a notice that the application is complete. The time periods are as
				follows:
(A) letter of acceptance of
				application for a permit--21 days;
(B) letter of application deficiency or
				ineligibility--21 days;
(C)
				acceptance of renewal permit--21 days; and
(D) letter of renewal of permit
				deficiency--21 days.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.128 - Home Health Medication Aides

Current through Reg. 49, No. 28; July 12, 2024
(a)
				General.
(1) A person may not administer
				medication to a client unless the person:
(A)
				holds a current license under state law that authorizes the licensee to
				administer medication;
(B) holds a
				current permit issued under this section and acts under the delegated authority
				of an RN to administer medication;
(C) administers a medication to a client in
				accordance with rules of the BON that permit delegation of the administration
				of medication to a person not holding a permit under this section; or
(D) administers noninjectable medication
				under circumstances authorized by the memorandum of understanding between the
				BON and HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS › Section 557.129 - Alternate Licensing Requirements for Military Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Fee waiver based on military experience.
(1) HHSC waives the combined permit
				application and examination fee described in §
										557.109(c)(1)(A)
				of this chapter (relating to Application Procedures) and §
										557.128(n)(1)(A)
				of this chapter (relating to Home Health Medication Aides) and the permit
				application fee described in §
										557.125(f)(1)
				of this chapter (relating to Requirements for Corrections Medication Aides) for
				an applicant if HHSC receives and approves a request for a waiver of fees from
				the applicant in accordance with this subsection.
(2) To request a waiver of fees under this
				subsection, an applicant must submit a written request for a waiver with the
				applicant's application for a permit submitted to HHSC in accordance with this
				section. The applicant must include with the request:
(A) documentation of the applicant's status
				as a military service member, military veteran, or military spouse that is
				acceptable to HHSC;
(B)
				documentation of the type and dates of the service, training, and education the
				applicant received and an explanation as to why the applicant's military
				service, training or education substantially meets all of the requirements for
				a permit under this chapter; and
(C) for status as a military spouse:
(i) a copy of a marriage certificate issued
				to the applicant by a state of the United States or a foreign government;
				and
(ii) a copy of a current
				military service order issued to the applicant's spouse by the armed forces of
				the United States, the State of Texas, or another state.
(3) Documentation of military
				status that is acceptable to HHSC includes:
(A) for status as a military service member,
				a copy of a current military service order issued to the applicant by the armed
				forces of the United States, the State of Texas, or another state;
				and
(B) for status as a military
				veteran, a copy of a military service discharge order issued to the applicant
				by the armed forces of the United States, the State of Texas, or another
				state.
(4) If HHSC
				requests additional documentation, the applicant must submit the requested
				documentation.
(5) HHSC approves a
				request for a waiver of fees submitted in accordance with this subsection if
				HHSC determines that the applicant is a military service member or a military
				veteran and the applicant's military service, training, or education
				substantially meets all of the requirements for licensure under this
				chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter A - GENERAL PROVISIONS › Section 558.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
(1) The purpose of this chapter is to
				  implement Texas Health and Safety Code, Chapter 142, which requires the Texas
				  Health and Human Services Commission (HHSC) to adopt minimum standards that a
				  person must meet in order to be licensed as a home and community support
				  services agency (HCSSA) and also to qualify to provide certified home health
				  services. The requirements serve as a basis for licensure and survey
				  activities.
(2) Except as provided
				  by Texas Health and Safety Code §
											142.003
				  (relating to Exemptions from Licensing Requirement), a person, including a
				  health care facility licensed under the Texas Health and Safety Code, may not
				  engage in the business of providing home health, hospice, or personal
				  assistance services (PAS), or represent to the public that the person is a
				  provider of home health, hospice, or PAS for pay without a HCSSA license
				  authorizing the person to perform those services issued by HHSC for each place
				  of business from which home health, hospice, or PAS is directed. A certified
				  HCSSA must have a license to provide certified home health
				  services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter A - GENERAL PROVISIONS › Section 558.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Accessible and flexible
				  services--Services that are delivered in the least intrusive manner possible
				  and are provided in all settings where individuals live, work, and recreate.
(2) Accreditation
				  organization--The Joint Commission, Community Health Accreditation Partner,
				  Accreditation Commission for Health Care, Inc., or another accrediting entity
				  approved by HHSC that demonstrates it meets or exceeds applicable rule
				  requirements of this chapter. The entity reviews HCSSAs for compliance with
				  standards for accreditation by the organization that apply to a HCSSA's
				  licensed category of service.
(3)
				  Administration of medication--The direct application of any medication by
				  injection, inhalation, ingestion, or any other means to the body of a client.
				  The preparation of medication is part of the administration of medication and
				  is the act or process of making ready a medication for administration,
				  including the calculation of a client's medication dosage; altering the form of
				  the medication by crushing, dissolving, or any other method; reconstitution of
				  an injectable medication; drawing an injectable medication into a syringe;
				  preparing an intravenous admixture; or any other act required to render the
				  medication ready for administration.
(4) Administrative support site--A facility
				  or site where an agency performs administrative and other support functions but
				  does not provide direct home health, hospice, or personal assistance services.
				  This site does not require an agency license.
(5) Administrator--The person who is
				  responsible for implementing and supervising the administrative polices and
				  operations of a home and community support services agency and for
				  administratively supervising the provision of all services to agency clients on
				  a day-to-day basis.
(6)
				  ADS--Alternate delivery site. A facility or site, including a residential unit
				  or an inpatient unit:
(A) that is owned or
				  operated by an agency providing hospice services;
(B) that is not the hospice's parent
				  agency;
(C) that is located in the
				  geographical area served by the hospice; and
(D) from which the hospice provides hospice
				  services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter A - GENERAL PROVISIONS › Section 558.3 - License Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The schedule of
				  fees for licensure of an agency authorized to provide one or more services is
				  as follows:
(1) initial (includes change of
				  ownership) license fee--$2,625;
(2)
				  renewal license fee for a three-year license--$2,625;
(3) renewal license fee for a two-year
				  license--$1,750;
(4) initial
				  (includes change of ownership) branch office license fee--$2,625;
(5) renewal branch office license fee for a
				  three-year license--$2,625;
(6)
				  renewal branch office license fee for a two-year license--$1,750;
(7) initial (includes change of ownership)
				  ADS license fee--$1,000;
(8)
				  renewal ADS license fee for a three-year license--$900; and
(9) renewal ADS license fee for a two-year
				  license--$600.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter B - CRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE › Section 558.11 - Criteria and Eligibility for Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for a license must not admit
				  a client or initiate services until the applicant completes the application
				  process and receives an initial license.
(b) A first-time application for a license is
				  an application for an initial license.
(c) An application for a license when there
				  is a change of ownership is an application for an initial license.
(d) A separate license is required for each
				  place of business as defined in § 558.2 of this chapter (relating to
				  Definitions).
(e) An agency's place
				  of business must be located in and have an address in Texas. An agency located
				  in another state must receive a license as a parent agency in Texas to operate
				  as an agency in Texas.
(f) An
				  applicant must be at least 18 years of age.
(g) Before issuing a license, HHSC considers
				  the background of:
(1) the
				  applicant;
(2) a controlling person
				  of the applicant;
(3) a person with
				  a disclosable interest;
(4) an
				  affiliate of the applicant; and
(5)
				  the chief financial officer.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter B - CRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE › Section 558.12 - General Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  must submit an application on the forms prescribed by HHSC through the online
				  portal.
(b) An applicant must
				  complete and furnish all documents and information that HHSC requests in
				  accordance with instructions provided with the application. All uploaded
				  documents an applicant submits must be complete and accurate. If an applicant
				  provides incorrect or false information, or withholds information, on an
				  application, HHSC may:
(1) deny the
				  application; or
(2) assess an
				  administrative penalty, as described in §558.602(e)(5) of this chapter
				  (relating to Administrative Penalties).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter B - CRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE › Section 558.13 - Obtaining an Initial License

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  following staff must complete the Presurvey Training before submitting an
				  application for a license:
(1) the
				  administrator and alternate administrator; and
(2) the supervising nurse and alternate
				  supervising nurse of an agency that provides licensed home health services with
				  or without home dialysis designation, licensed and certified home health
				  services with or without home dialysis designation, or hospice
				  services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter B - CRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE › Section 558.15 - Issuance of an Initial License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  HHSC issues an initial license when HHSC determines:
(1) the application, including supporting
				  documents, submitted is complete and accurate ;
(2) HHSC has received funds constituting full
				  payment of all applicable license fees, including late fees; and
(3) an applicant meets the criteria for a
				  license as described in § 558.11 of this subchapter (relating to Criteria
				  and Eligibility for Licensing) and § 558.13 of this subchapter (relating
				  to Obtaining an Initial License).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter B - CRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE › Section 558.17 - Application Procedures for a Renewal License

Current through Reg. 49, No. 28; July 12, 2024
(a) To renew its license, an agency must
				  submit a renewal application through the online portal .
(b) An agency must submit its renewal
				  application in accordance with § 558.12 of this subchapter (relating to
				  General Application) when submitting a renewal application through the online
				  portal.
(c) For each license
				  period, an agency must provide services to at least one client to be eligible
				  to renew its license.
(d) HHSC does
				  not require an agency to admit a client under each category of service
				  authorized under the license to be eligible to renew its license.
(e) With each renewal application, an agency
				  accredited by an accreditation organization referenced in § 558.503 of
				  this chapter (relating to Exemption from Survey) must submit to HHSC through
				  the online portal a copy of the accreditation documentation that the agency
				  receives from the accreditation organization.
(f) At least 120 days before the expiration
				  date of a license, HHSC makes the renewal application and instructions
				  available through the online portal. HHSC notifies the agency with electronic
				  notice that the application and instructions to renew the license are made
				  available through the online portal.
(1) If
				  the renewal application is not made available by HHSC in accordance with this
				  subsection, the agency must, at least 90 days before the expiration date of a
				  license, notify HHSC in writing that it has not received notice of expiration
				  and request that HHSC make a renewal application available.
(2) To avoid a late fee, an agency must
				  submit to HHSC a complete and accurate renewal application, as described in
				  § 558.12(c) of this subchapter, with full payment of all required license
				  fees as specified in § 558.3 of this chapter (relating to License Fees),
				  no later than the 45th day before the expiration date of the license.
(3) If an agency submits a renewal
				  application after the 45th day before the expiration date of a license, but
				  before the expiration date of the license, HHSC assesses the late fee set out
				  in § 558.3(c) of this chapter for failure to comply with paragraph (2) of
				  this subsection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter B - CRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE › Section 558.19 - Issuance of a Renewal License

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  license issued under this chapter expires three years after the date HHSC
				  issues it, except as provided in subsections (e)(1) and (f)(1) of this
				  section.
(b) Except as specified in
				  § 558.503 of this chapter (relating to Exemption From a Survey), HHSC may
				  not renew an initial license unless HHSC conducts an initial survey of the
				  agency. For renewal of an initial license, an agency must:
(1) meet the requirements for an initial
				  survey as specified in Subchapter E of this chapter (relating to Licensure
				  Surveys);
(2) demonstrate
				  substantial compliance with the Statute and this chapter for the services
				  authorized under the license as confirmed by an initial survey; and
(3) apply for renewal of the license in
				  accordance with § 558.17 of this subchapter (relating to Application
				  Procedures for a Renewal License).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter B - CRITERIA AND ELIGIBILITY, APPLICATION PROCEDURES, AND ISSUANCE OF A LICENSE › Section 558.21 - Denial of an Application or a License

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may deny an application for a
				  license on any ground described in this chapter, or if any person described in
				  § 558.11(g) or (h) of this subchapter (relating to Criteria and
				  Eligibility for Licensing):
(1) fails to
				  comply with the Statute;
(2) fails
				  to comply with this chapter;
(3)
				  knowingly aids, abets, or permits another person to violate the Statute or this
				  chapter;
(4) fails to meet the
				  criteria for a license established in § 558.11 of this subchapter;
				  or
(5) violates Texas Occupations
				  Code §
											102.001.