(a) Health Maintenance Activities (HMAs), as defined in this chapter that do not fall within the practice of professional nursing, may be performed by an unlicensed person in accordance with this section without being delegated. The Board has determined that in situations governed by this chapter HMAs do not fall within the practice of professional nursing when:
  (1) performed for a person with a functional disability;
  (2) in addition to the client assessment under §225.6 of this title (relating to RN Assessment of the Client), a RN determines all of the following conditions exist:
    (A) the client would perform the task(s) but for her/his functional disability;
    (B) the task(s) can be directed by the client or client's responsible adult to be performed by an unlicensed person without RN supervision;
    (C) the client or client's responsible adult is able, and has agreed in writing, to participate in directing the unlicensed person's actions in carrying out the HMA; and
    (D) Either
      (i) the client is willing and able to train the unlicensed person in the proper performance of the HMA, or
      (ii) the client's responsible adult is capable of training the unlicensed person in the proper performance of the task and
        (I) will be present when the task is performed, or
        (II) if not present, will have observed the unlicensed person perform the task at least once to assure he/she can competently perform the task and will be immediately accessible in person or by telecommunications to the unlicensed person when the task is performed.
(b) If the above criteria cannot be met, an HMA may still be performed as a delegated task if it meets the criteria of §225.9 of this title (relating to Delegation Criteria).

Source Note: The provisions of this §225.8 adopted to be effective February 19, 2003, 28 TexReg 1386; amended to be effective February 24, 2014, 39 TexReg 1154