HBA-NRS H.B. 456 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 456
By: Maxey
Public Health
7/19/2001
Enrolled




BACKGROUND AND PURPOSE 

Under the Health and Human Services Commission's voucher payment program, a
person with a disability may use the voucher payment option to pay for
certain health care services. Many of the tasks, such as regularly
scheduled oral and topical medication administration, feeding, and
medication administration through permanently placed gastrostomy tubes are
normally performed by the primary caregiver. House Bill 456 allows an
unlicensed personal attendant hired by a consumer participating in the
voucher payment program to perform those tasks under the direction of the
consumer or the consumer's parent or guardian without the supervision of a
licensed nurse who delegates or intervenes in those responsibilities. H.B.
456 exempts professional nursing services provided to persons with
disabilities under the voucher payment program from nursing licensing
requirements and requires the Board of Nurse Examiners to appoint a task
force to review and make recommendations regarding the provision of health
maintenance tasks to persons with functional disabilities in independent
living environments. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 456 amends the Government Code to provide that the provision
prohibiting a person from practicing or offering to practice professional
nursing in this state unless the person is properly licensed does not apply
to the delivery of a service for which payment is provided under the
voucher payment program, if the person who delivers the service has not
been denied a license as a registered nurse or a licensed vocational nurse
and has not been issued a license as a registered nurse that is revoked or
suspended, and the consumer who receives the service has a functional
disability and the service would have been performed by the consumer, or
the parent or guardian for the consumer, except for the disability, and if
the consumer or the consumer's parent or guardian is capable of training
the person in the proper performance of the service. If a service is
provided to a consumer who is not capable of training the person in the
proper performance of the service, the consumer's parent or guardian who is
capable of training the person either must be present during service
delivery or must observe the person performing the service at least once to
assure adequate performance.  

The bill specifies the types of service which may be delivered to a
consumer by an unlicenced registered nurse or a licensed vocational nurse
under the voucher payment program.  

The bill requires the Board of Nurse Examiners not later than November 30,
2001, to appoint a task force to review and make recommendations regarding
the provision of health maintenance tasks to persons with functional
disabilities in independent living environments. The bill sets forth the
composition of the task force. The bill requires the task force to report
its findings and recommendations to the speaker of the house of
representatives and the lieutenant governor not later than November 1,
2002. 

 EFFECTIVE DATE

June 17, 2001.