Tex. Gov't Code Section 546.0104
Applicability of Certain Nursing Licensure Requirements

Section 301.251 (License Required)(a), Occupations Code, does not apply to delivery of a service for which payment is provided under the consumer-directed service option developed under this subchapter if:

(1)

the individual who delivers the service:

(A)

has not been denied a license under Chapter 301 (Nurses), Occupations Code;

(B)

has not been issued a license under Chapter 301 (Nurses), Occupations Code, that is revoked or suspended; and

(C)

performs a service that is not expressly prohibited from delegation by the Texas Board of Nursing; and

(2)

the consumer who receives the service:

(A)

has a disability and the service would have been performed by the consumer or the consumer’s legally authorized representative except for that disability; and

(B)

is:
(i)
capable of training the individual to properly perform the service and the consumer directs the individual to deliver the service; or
(ii)
not capable of training the individual to properly perform the service, the consumer’s legally authorized representative is capable of training the individual to properly perform the service, and the legally authorized representative directs the individual to deliver the service.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.

Source: Section 546.0104 — Applicability of Certain Nursing Licensure Requirements, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­546.­htm#546.­0104 (accessed Jun. 5, 2024).

546.0001
Definitions 546.0002
Long-term Care Plan 546.0003
Employment-first Policy 546.0004
Long-term Care Insurance Awareness and Education Campaign 546.0051
Definitions 546.0052
Comprehensive Plan for Ensuring Appropriate Care Setting for Individuals with Disabilities 546.0053
Information and Assistance Regarding Care and Support Options for Individuals with Disabilities 546.0054
Community Living Options Information Process for Certain Individuals with Intellectual Disability 546.0055
Implementation of Community Living Options Information Process at State Institutions for Certain Adult Residents 546.0056
Voucher Program for Transitional Living Assistance for Individuals with Disabilities 546.0057
Transition Services for Youth with Disabilities 546.0058
Transfer of Money for Community-based Services 546.0101
Definitions 546.0102
Implementation of Consumer Direction Models 546.0103
Rules 546.0104
Applicability of Certain Nursing Licensure Requirements 546.0105
Legally Authorized Representative Service Oversight Required 546.0106
Procedure to Provide Notice to Medicaid Recipients 546.0151
Definition 546.0152
Community-based Support and Service Delivery Systems for Long-term Care Services 546.0153
Area Agencies on Aging: Minimum Number 546.0154
Proposals 546.0155
Proposal Review and Approval 546.0156
Standard and Priority of Review 546.0157
Community-based Organization Matching Contribution Required 546.0158
Proposals Involving Multiple Community-based Organizations 546.0159
Guidelines 546.0160
Certain Agencies’ Duty to Provide Resources and Assistance 546.0201
Definitions 546.0202
Policy Statement 546.0203
Development of Permanency Plan Procedures 546.0204
Permanency Planning for Certain Children 546.0205
Institution to Assist with Permanency Planning Efforts 546.0206
Implementation System: Local Permanency Planning Sites 546.0207
Designation of Volunteer Advocate 546.0208
Preadmission Notice and Information 546.0209
Requirements of Parent or Guardian on Child’s Admission to Certain Institutions 546.0210
Duties of Certain Institutions: Notification Requirements and Parent or Guardian Accommodations 546.0211
Notification of Placement Required 546.0212
Notice to Parent or Guardian Regarding Placement Options and Services 546.0213
Placement on Waiver Program Waiting List 546.0214
Interference with Permanency Planning Efforts 546.0215
Initial Placement of Child in Institution and Placement Extensions 546.0216
Review of Certain Placement Data 546.0217
Procedures for Placement Reviews 546.0218
Annual Reauthorization of Plans of Care for Certain Children 546.0219
Transfer of Child Between Institutions 546.0220
Compliance with Permanency Plan Requirements as Part of Inspection, Survey, or Investigation 546.0221
Search for Child’s Parent or Guardian 546.0222
Documentation of Ongoing Permanency Planning Efforts 546.0223
Access to Records 546.0224
Collection of Information Regarding Involvement of Certain Parents and Guardians 546.0225
Reporting Systems: Semiannual Reporting 546.0226
Effect on Other Law 546.0251
Definitions 546.0252
Family-based Alternatives System: Purpose, Implementation, and Administration 546.0253
Family-based Alternatives System Design Requirements 546.0254
Medicaid Waiver Program Alignment 546.0255
Community Organization Eligibility 546.0256
Placement Options 546.0257
Agency Cooperation 546.0258
Dispute Resolution 546.0259
Gifts, Grants, and Donations 546.0260
Annual Report 546.0301
Procedures to Review Conduct Related to Certain Institutions and Facilities 546.0302
Issuance of Materials to Certain Long-term Care Facilities 546.0351
Definitions 546.0352
Incentive Payment Program 546.0353
Common Performance Measures 546.0354
Subject to Appropriations 546.0401
Medicaid Long-term Care System 546.0402
Administration and Delivery of Certain Waiver Programs 546.0403
Recovery of Certain Assistance 546.0451
Competitive and Integrated Employment Initiative for Certain Recipients 546.0452
Risk Management Criteria for Certain Waiver Programs 546.0453
Protocol for Maintaining Contact Information of Individuals Interested in Medicaid Waiver Programs 546.0454
Interest List Management for Certain Medicaid Waiver Programs 546.0501
Limitation on Nursing Facility Level of Care Requirement 546.0502
Consumer Direction of Services 546.0503
Assessments and Reassessments 546.0504
Quality Monitoring by External Quality Review Organization 546.0505
Quarterly Report 546.0551
Quality Assurance Fee for Certain Medicaid Waiver Program Services 546.0552
Waiver Program Quality Assurance Fee Account 546.0553
Reimbursement Under Certain Medicaid Waiver Programs 546.0554
Invalidity 546.0555
Expiration of Quality Assurance Fee Program 546.0601
Definitions 546.0602
Program Principles 546.0603
Agreements with Nonprofit Organizations 546.0604
Funding 546.0605
Rules 546.0651
Definition 546.0652
Pilot Program 546.0653
Federal Guidance and Funding 546.0654
Report 546.0655
Expiration 546.0701
Definition 546.0702
Mortality Review System 546.0703
Access to Information and Records 546.0704
Mortality Review Reports 546.0705
Use and Publication Restrictions 546.0706
Limitation on Liability
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 546.0104’s source at texas​.gov