Tex. Human Resources Code Section 161.094
Department Duties


(a)

The department shall ensure that:

(1)

administration of medication by an unlicensed person under this subchapter is reviewed at least annually and after any significant change in a client’s condition by a registered nurse or a licensed vocational nurse under the supervision of a registered nurse; and

(2)

a facility or program listed in Section 161.092 (Applicability) has policies to ensure that the determination of whether an unlicensed person may provide administration of medication to a client under Section 161.093 (Administration of Medication) may be made only by a registered nurse.

(b)

The department shall verify that:

(1)

each client is assessed to identify the client’s needs and abilities regarding the client’s medications;

(2)

the administration of medication by an unlicensed person to a client is performed only by an unlicensed person who is authorized to perform that administration under Section 161.093 (Administration of Medication); and

(3)

the administration of medication to each client is performed in such a manner as to ensure the greatest degree of independence, including the use of an adaptive or assistive aid, device, or strategy as allowed under program rules.

(c)

The department shall enforce this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011.

Source: Section 161.094 — Department Duties, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­161.­htm#161.­094 (accessed Jun. 5, 2024).

161.001
Definitions
161.003
Sunset Provision
161.057
Criminal Background Checks
161.071
General Powers and Duties of Department
161.073
Rules
161.074
Competitive Grant Program
161.075
Immunity for Area Agencies on Aging and Agency Employees and Volunteers
161.076
On-site Surveys of Certain Providers
161.077
Investigation Database
161.078
Eligibility for Deaf-blind with Multiple Disabilities Waiver Program
161.079
Informal Caregiver Services
161.080
Contracts for Services for Individuals with Developmental Disabilities
161.081
Long-term Care Medicaid Waiver Programs: Streamlining and Uniformity
161.082
Long-term Care Medicaid Waiver Programs: Utilization Review
161.083
Corrections Medication Aides
161.084
Medicaid Service Options Public Education Initiative
161.085
Interest List Reporting
161.086
Electronic Visit Verification System
161.087
Gifts and Grants
161.088
Trauma-informed Care Training
161.089
Administrative Penalties
161.091
Definitions
161.092
Applicability
161.093
Administration of Medication
161.094
Department Duties
161.095
Liability
161.096
Conflict with Other Law
161.101
Guardianship Services
161.102
Referral to Guardianship Program, Court, or Other Person
161.103
Contract for Guardianship Services
161.104
Quality Assurance Program
161.105
Oath
161.106
Guardianship Powers and Duties
161.107
Exemption from Guardianship Bonds, Certain Costs, Fees, and Expenses
161.108
Successor Guardian
161.109
Access to Records or Documents
161.110
Legal Representation of Department
161.111
Confidentiality and Disclosure of Information
161.112
Indemnification for Legal Expenses
161.113
Immunity
161.114
Use of Volunteers
161.151
Definitions
161.152
Lifespan Respite Services Program
161.153
Eligibility
161.154
Respite Services Contracts
161.155
Respite Services Coordinator Functions
161.156
Rules
161.251
Definitions
161.252
Legislative Committee on Aging Established
161.253
Composition of Committee
161.254
Committee Powers and Duties
161.255
Report
161.301
Definition
161.302
Contract to Provide Outreach and Input Relating to Aging Population
161.303
Establishment and Administration of Fund
161.304
Use of Fund
161.351
Legislative Findings
161.352
Fall Prevention Awareness Week
161.353
Fall Prevention Policy
161.0515
Assistant Commissioner for State Supported Living Centers
161.0541
Maintenance of Merit System
161.0892
Informal Dispute Resolution

Accessed:
Jun. 5, 2024

§ 161.094’s source at texas​.gov