Bill Text: TX HB3755 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to administration of medication to residents of certain assisted living and boarding home facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Human Services [HB3755 Detail]
Download: Texas-2015-HB3755-Introduced.html
| 84R12769 JSC-D | ||
| By: Herrero | H.B. No. 3755 | |
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| relating to administration of medication to residents of certain | ||
| assisted living and boarding home facilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 247, Health and Safety | ||
| Code, is amended by adding Section 247.0256 to read as follows: | ||
| Sec. 247.0256. MEDICATION ADMINISTRATION ASSISTANCE. (a) | ||
| Notwithstanding any other provision or rule, a resident who needs | ||
| assistance with medication administration may authorize a family | ||
| member or another person who is not an employee of the assisted | ||
| living facility to: | ||
| (1) administer the resident's medications; or | ||
| (2) supervise or assist with the resident's medication | ||
| administration. | ||
| (b) An authorization under this section must be in writing | ||
| and be signed by: | ||
| (1) the resident; | ||
| (2) the person assuming responsibility for: | ||
| (A) administration of medication; or | ||
| (B) supervision of or assistance with the | ||
| administration of medication; and | ||
| (3) a representative of the assisted living facility. | ||
| (c) An assisted living facility that is party to an | ||
| agreement under this section is not liable for any damages caused | ||
| by: | ||
| (1) improper administration of medication; | ||
| (2) improper supervision of or assistance with | ||
| administration of medication; | ||
| (3) failure to administer medication; or | ||
| (4) failure to supervise or assist with the | ||
| administration of medication. | ||
| (d) The agreement under this section may be terminated at | ||
| any time by the resident communicating to the assisted living | ||
| facility that the resident wishes to terminate the agreement. On | ||
| termination of the agreement, the facility shall reassume any | ||
| applicable duties with respect to the resident's medication. | ||
| SECTION 2. Chapter 260, Health and Safety Code, is amended | ||
| by adding Section 260.0031 to read as follows: | ||
| Sec. 260.0031. MEDICATION ADMINISTRATION ASSISTANCE. (a) | ||
| Notwithstanding any other provision or rule, a resident who needs | ||
| assistance with self-administering medication may authorize a | ||
| family member or another person who is not an employee of the | ||
| boarding home facility to provide that assistance. | ||
| (b) An authorization under this section must be in writing | ||
| and be signed by: | ||
| (1) the resident; | ||
| (2) the person assuming responsibility for assistance | ||
| with self-administering medication; and | ||
| (3) a representative of the boarding home facility. | ||
| (c) A boarding home facility that is party to an agreement | ||
| under this section is not liable for any damages caused by: | ||
| (1) improper assistance with self-administering | ||
| medication; or | ||
| (2) failure to provide assistance with | ||
| self-administering medication. | ||
| (d) The agreement under this section may be terminated at | ||
| any time by the resident communicating to the boarding home | ||
| facility that the resident wishes to terminate the agreement. On | ||
| termination of the agreement, the facility shall reassume providing | ||
| assistance with self-administering medication. | ||
| SECTION 3. The executive commissioner of the Health and | ||
| Human Services Commission may adopt forms for use in an agreement | ||
| under Section 247.0256 or 260.0031, Health and Safety Code, as | ||
| added by this Act. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
