Section 557.128 - Home Health Medication Aides(a) A home heath medication aide must be permitted as a medication aide in accordance with this chapter.(b) A HCSSA that provides licensed and certified home health services, licensed home health services, hospice services, or personal assistance services may use a home health medication aide. If there is a direct conflict between the requirements of this chapter and federal regulations, the requirements that are more stringent apply to the licensed and certified HCSSA.(c) If a HCSSA provides home health medication aide services, the HCSSA must employ a home health medication aide to provide the home health medication aide services. The HCSSA must employ or contract with an RN to perform the initial health assessment, prepare the client care plan, establish the medication list, medication administration record, and medication aide assignment sheet, and supervise the home health medication aide. The RN must be available to supervise the home health medication aide when home health medication aide services are provided.(d) The clinical records of a client using a home health medication aide must include a statement signed by the client or family acknowledging receipt of the list of permitted and prohibited acts of a home health medication aide.(e) The RN must be knowledgeable of HHSC rules governing home health medication aides and must ensure that the home health medication aide complies with the Texas Health and Safety Code, Chapter 142, Subchapter B and this chapter.(f) A home health medication aide must: (1) function under the supervision of an RN;(2) comply with applicable law and this chapter relating to administration of medication and operation of the HCSSA;(3) comply with HHSC rules applicable to personnel used in a HCSSA; and(4) comply with this section and § 558.701 of this title (relating to Home Health Aides) if the person will be used as a home health aide and a home health medication aide.(g) The RN must make a supervisory visit while the medication aide is in the client's residence in accordance with § 558.298 of this title (relating to Delegation of Nursing Tasks by Registered Professional Nurses to Unlicensed Personnel and Tasks Not Requiring Delegation).26 Tex. Admin. Code § 557.128
Adopted by Texas Register, Volume 43, Number 38, September 21, 2018, TexReg 6328, eff. 9/24/2018; Amended by Texas Register, Volume 46, Number 52, December 24, 2021, TexReg 9054, eff. 12/26/2021; Amended by Texas Register, Volume 49, Number 37, September 13, 2024, TexReg 7350, eff. 9/18/2024