Licensing Standards for Medication Aides Handbook

Revision Notice 12-1

Effective January 2, 2012

Corrections Medication Aide Training Program

This revision implements portions of Senate Bill (SB) 1, which requires the Texas Department of Criminal Justice (TDCJ), in cooperation with the University of Texas Medical Branch at Galveston and the Texas Tech University Health Sciences Center, to develop and implement a training program for corrections medication aides that uses a curriculum specific to administering medication in a correctional setting and to submit to DADS an application for approval of the training program. Within 90 days after DADS receives the application, DADS must approve the training program or notify TDCJ how the training program may be modified for approval.

95.101 adds a reference to Human Resources Code, 161.083, to subsection (a). New subsection (b) states that the corrections medication aide permit requirements are described in 95.125. Subsection (c) adds correctional facility and TDCJ to the definitions, adds correctional facility inmates to the list of persons to whom a medication aide can administer medication, deletes correctional institution from the definition of facility and updates terminology.

95.103 adds a reference to Health and Safety Code, Chapter 242, Subchapter N, and Human Resources Code, 161.083, to clarify who may hold a medications aide permit. Subsection (b)(1) adds "correctional facility" as a location where a permit holder must function under the direct supervision of a licensed nurse on duty or on call. Subsection (b)(2) clarifies that a permit holder in a correctional facility must comply with applicable TDCJ rules. Subsection (c) adds a reference to Human Resources Code, 161.083. Subsection (c)(2) clarifies that correctional employees and employees of medical services contractors for a correctional facility who administer medication as medication aides must comply with 95.125. Additional amendments to 95.103 change references from "institution" to "facility," "intermediate care facility for persons with MR" to "intermediate care facility for persons with an intellectual disability," "community MR center" to "community center," and update terminology.

95.105, 95.107 and 95.109 add references to Health and Safety Code, Chapter 242, Subchapter N, to specify which permit a person must have under these sections.

95.113 corrects the rule referenced in subsection (b) regarding application processing. The amendment also adds failure of an exam developed by TDCJ as criteria for denial of an application by DADS.

95.115 adds a reference to 95.125 for the late renewal fee that must be paid when a correctional facility medication aide permit has expired. The amendment also clarifies that if the permit holder is a person who previously held a permit in Texas for a facility medication aide permit issued under Health and Safety Code, Chapter 242, Subchapter N, the permit holder may obtain a new permit without reexamination. The amendment also deletes subsection (d) because it duplicates the information in 95.113(b).

95.117 clarifies that a corrections medication aide permit holder must follow the requirements relating to replacing a lost, damaged or destroyed permit as referenced in 95.125.

95.119 adds training program requirements for institutions that conduct training programs for corrections medication aides. These requirements include class time, requirements for nurse instructors and continuing education program requirements. New subsection (d) requires TDCJ to file with DADS an application for approval of a training program and curriculum for corrections medication aides. New subsection (e) clarifies that TDCJ may modify, as appropriate, the content of the training curriculum originally developed under Health and Safety Code, Chapter 242, as approved by DADS. New subsection (f) clarifies that subsection (c) of this section relating to continuing education training program applies to a training program developed by TDCJ.

95.123 adds references to Human Resources Code, 161.083, and updates the mailing address for the DADS Medication Aide Permit Program.

95.125 adds provisions specifically relating to a corrections medication aide permit. Subsection (d) provides background and education requirements for an applicant for a corrections medication aide permit. Subsection (e) consists of application requirements. Subsection (f) establishes requirements and a fee schedule for a permit application, permit renewal, late renewal and permit replacement. Subsection (g) establishes examination procedures for applicants and applicants with a disability, including an applicant with dyslexia. Subsection (h) clarifies that DADS determines eligibility for a corrections medication aide permit according to 95.113 and 95.125(d)-(g). Subsection (k) revises the subsection on violations, complaints and disciplinary actions to state that the TDCJ Office of Inspector General will investigate complaints of abuse and neglect in correctional facilities and DADS will determine whether to initiate a formal proceeding to revoke, suspend or refuse to renew a corrections medication aide permit. Subsection (l) specifies that 95.121 applies to corrections medication aide permit holders. Subsection (m) adds requirements relating to verification of corrections medication aide training. The title of this section is also changed to reflect that it contains requirements for corrections medication aides, not correctional facilities.

95.127 specifically adds a facility and corrections medication aide to the requirements for application processing.