Section 557.103 - Requirements for Administering Medications(a) General. A person may not administer medication to a resident in a facility, an inmate in a correctional facility, or a client receiving home health services unless the person: (1) holds a current license under state law which authorizes the licensee to administer medication; or(2) holds a current permit issued under this chapter and acts under the authority of a person who holds a current license under state law which authorizes the licensee to administer medication.(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 facility, correctional facility, or home health agency 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 facility, correctional facility, or home health agency; and(2) comply with HHSC rules applicable to personnel used in a facility or for a home health agency, or TDCJ rules applicable to personnel in a correctional facility.(c) Governmental employees. Governmental employees may receive a permit to administer medications under this chapter as authorized by Texas Health and Safety Code § 242.610(f) or Texas Human Resources Code § 161.083: (1) state supported living center employees and employees of an intermediate care facility for persons with an intellectual disability operated by a community center established under Texas Health and Safety Code, Chapter 534 must comply with subsection (b) of this section and § 557.105 of this chapter (relating to Allowable and Prohibited Practices of a Medication Aide); § 557.107 of this chapter (relating to Training Requirements; Nursing Graduates; Reciprocity); § 557.109 of this chapter (relating to Application Procedures); § 557.111 of this chapter (relating to Examination); § 557.113 of this chapter (relating to Determination of Eligibility); § 557.115 of this chapter (relating to Permit Renewal); § 557.117 of this chapter (relating to Changes); § 557.119 of this chapter (relating to Training Program Requirements); § 557.121 of this chapter (relating to Permitting of Persons with Criminal Backgrounds; and § 557.123 of this chapter (relating to Violations, Complaints, and Disciplinary Actions).(2) correctional facility employees and employees of medical services contractors for a correctional facility who administer medication as medication aides must comply with § 557.125 of this chapter (relating to Requirements for Corrections Medication Aides).(3) home health employees who administer medication as medication aides must comply with § 557.128 of this chapter (relating to Home Health Medication Aides).(d) medication aides in nursing facilities. Persons employed as medication aides in a Medicare skilled nursing facility or a Medicaid nursing facility must comply with the requirements relating to nurse aides as set forth in United States Code, Part 42 §1396r(b)(5) and Chapter 556 of this title (relating to Nurse Aides).(e) Exemptions. (1) A person may administer medication to a resident in a facility without the license or permit as required in subsection (a) of this section, if the person is:(A) a graduate nurse holding a temporary permit issued by the BON;(B) a student enrolled in an accredited school of nursing or program for the education of registered nurses who is administering medications as part of the student's clinical experience;(C) a graduate vocational nurse holding a temporary permit issued by the BON;(D) a student enrolled in an accredited school of vocational nursing or program for the education of vocational nurses who is administering medications as part of the student's clinical experience; or(E) a trainee in a medication aide training program approved by HHSC under this chapter who is administering medications as part of the trainee's clinical experience.(2) A student described in paragraph (1)(B), (D), or (E) of this subsection may administer medication only as part of the student's clinical experience.(3) A person described in paragraph (1) of this subsection must act under the supervision of an individual as set forth in applicable law and rules.26 Tex. Admin. Code § 557.103
Adopted by Texas Register, Volume 43, Number 38, September 21, 2018, TexReg 6328, eff. 9/24/2018; Amended by Texas Register, Volume 49, Number 37, September 13, 2024, TexReg 7350, eff. 9/18/2024