Texas Register, Volume 3, Number 2, Pages 33-70, January 6, 1978 Page: 36
33-70 p. ; 28 cm.View a full description of this periodical.
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36
An agency may adopt a proposed rule no earlier than
days after publication in the Register, except where a fede
statute or regulation requires implementation of a rule
shorter notice.
An agency, on request, shall provide a statement of t
reasons for and against adoption of a rule. Any interest
person may request this statement before adoption or wit
30 days afterward. The statement shall include the princi
reasons for overruling considerations urged against t
agency's decision.
Numbering System-Each rule is designated by
unique 10-digit number which is divided into four units
decimal points. The first unit (three digits) indicates t
agency which promulgates the rule. The second unit (t
digits) indicates the chapter of rules to which the ru
belongs. The third unit (two digits) indicates the subchap
of rules, if any, within the chapter. The fourth unit (thr
digits) indicates the individual rule.
Symbology-Changes to existing material are indicated
bold italics. [Brackets] indicate deletion of existi
material.
Texas Department of
Health
Nursing and Convalescent Homes 'Minimum Licensing
Homes
301.54.02Standards for Nursing
The Texas Nursing and Convalescent Homes Act, Article
4442c, Texas Civil Statutes, as amended by Senate Bill 9,
First Called Session, 65th Legislature, 1977, requires the
department to establish standards covering a state-approved
training program in medication administration for all per-
sonnel administering medications in nursing and convales-
cent homes and related institutions. The department pre-
sently is planning to adopt these standards in Proposed Rules
301.54.08.001.
In addition, since the medication administration standards
proposed in Rule 301.54.08.001 will affect the department's
existing licensing standards for nursing homes, it is neces-
sary for the department to amend its licensing standards for
nursing homes to conform to the medication administration
program. The major amendments that the department pro-
poses in order to accomplish this purpose are:
(1) Rule .002, on definitions, will define drugs and non-
licensed nursing personnel (medication aides) and the func-
tions of the latter.
(2) Rule .006, on personnel, will define staffing require-
ments for medication aides.
(3) Rule .008, on emergency medical care, will delete the
duplication of procedures to be used by the nursing home in
the obtaining of patients' medications.
(4) Rule .009, on routine medications, will establish pro-
cedures concerning the use of drugs and medications in
routine situations.30
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ng(5) Rule .009 will be further amended to authorize the
department to contract with a registered pharmacist for pro-
fessional pharmaceutical consultation not less than four
hours per month to ascertain the status of pharmaceutical
services within a facility.
(6) Several other changes of a minor nature will be made
in the above-mentioned rules for purposes of clarifying
language and'correcting teminology.
The department's Bureau of Long-Term Care has determined
that the proposed amendments will have no fiscal impact on
the state or units of local government. The amendments will
modify existing licensing standards, and there will be no in-
crease in costs over and above existing expenditures.
A public hearing on the proposed amendments will be held in
the first floor auditorium, Texas Department of Health, 1100
West 49th Strept, Austin, 9 A.m., on Tuesday, January 17,
1978. All persons interested in the amendments are invited
to attend and offer verbal or written comments and
testimony. In addition, written comments on the amend-
ments may be sent directly to the department no later than
January 31, 1978. These comments should be addressed to
Howard Allen, Executive Assistant, Bureau of Long-Term
Care, Texas Department of Health, 1100 West 49th Street,
Austin, Texas 78756.
These amendments are proposed under the authority of Arti-
cle 4442c, Texas Revised Civil Statutes..002. Definitions for the Purpose of These Standards.
(b) Physician is a practitioner licensed by the State
Board of Medical Examiners, State Board of Dental Ex-
aminers, or State Board of Chiropody Examiners to
prescribe and administer dangerous and controlled
drugs. IPhysician is a practitioner licensed by the Texas
State Board of Medical Examiners engaged in active practice
of medicine.l
(j) Drug and medication mean:
(1) any substance recognized as a drug in the offi-
cial United States Pharmacopoeia, official Homeopathic
Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them;
(2) any substance intended for use in the diag-
nosis, cure, mitigation, treatment, or prevention of dis-
ease in man;
(3) any substance (other than food) intended to
affect the structure or any function of the body of man;
and
(4) any substance intended for use as a component
of any substance specified in .002(j)(1), (2), and (3). It
does not include devices or their components, parts, or ac-
cessories.
1(j) Dangerous drugs shall include those pharmaceuti-
cals as defined in Article 72d, Vernon's Penal Code or as
amended.I
(k) Dangerous drug means any drug as defined in
Article 4476-14, Section 2, Texas Dangerous Drug Act,
Texas Civil Statutes, or as amended. ILegend phar-
maceuticals shall include those pharmaceuticals which bear
the legend: "Caution: Federal law prohibits dispensing with-
out prescription."l
(I) Legend drug shall include all dangerous drugs
and controlled drugs and bear the legend: "Caution:
Federal law prohibits dispensing without prescription."
(m) Controlled substance means a drug, substance,Volume 3., Number 2, January 6. 1978
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Texas. Secretary of State. Texas Register, Volume 3, Number 2, Pages 33-70, January 6, 1978, periodical, January 6, 1978; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth252886/m1/4/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.