(a) General. A person may not administer medication to a resident in a facility or a correctional facility unless the person:      
        (1) holds a current license under state law which authorizes the licensee to administer medication; or       
        (2) if administering medication in a facility, holds a current permit issued under Texas Health and Safety Code, Chapter 242, Subchapter N, or if administering medication in a correctional facility, holds a current permit issued under Texas Human Resources Code §161.083 or Texas Health and Safety Code, Chapter 242, Subchapter N and acts under the authority of a person who holds a current license under state law which authorizes the licensee to administer medication.       
      (b) Supervision and applicable law and rules. A medication aide must function under the direct supervision of a licensed nurse on duty or on call by the facility or correctional facility using the medication aide. A medication aide must:      
        (1) function in accordance with applicable law and rules relating to administration of medication and operation of a facility or a correctional facility; and       
        (2) comply with HHSC rules applicable to personnel used in a facility or TDCJ rules applicable to personnel in a correctional facility.       
      (c) Governmental employees. Governmental employees may receive a permit to administer medications under this chapter as authorized by Texas Health and Safety Code §242.610(f) or Texas Human Resources Code §161.083:      
        (1) State supported living center employees and employees of an intermediate care facility for persons with an intellectual disability operated by a community center established under Texas Health and Safety Code, Chapter 534 must comply with subsection (b) of this section and §§557.105, 557.107, 557.109, 557.111, 557.113, 557.115, 557.117, 557.119, 557.121, and 557.123 of this chapter (relating to Allowable and Prohibited Practices of a Medication Aide; Training Requirements; Nursing Graduates; Reciprocity; Application Procedures; Examination; Determination of Eligibility; Permit Renewal; Changes; Training Program Requirements; Permitting of Persons with Criminal Backgrounds; and Violations, Complaints, and Disciplinary Actions).       
        (2) Correctional facility employees and employees of medical services contractors for a correctional facility who administer medication as medication aides must comply with §557.125 of this chapter (relating to Requirements for Corrections Medication Aides).       
      (d) Medication aides in nursing facilities. Persons employed as medication aides in a Medicare skilled nursing facility or a Medicaid nursing facility must comply with the requirements relating to nurse aides as set forth in United States Code, Part 42, §1396r(b)(5) and Chapter 556 of this title (relating to Nurse Aides).     
      (e) Exemptions.      
        (1) A person may administer medication to a resident in a facility without the license or permit as required in subsection (a) of this section, if the person is:                  (A) a graduate nurse holding a temporary permit issued by the BON;                   (B) a student enrolled in an accredited school of nursing or program for the education of registered nurses who is administering medications as part of the student's clinical experience;                   (C) a graduate vocational nurse holding a temporary permit issued by the BON;                   (D) a student enrolled in an accredited school of vocational nursing or program for the education of vocational nurses who is administering medications as part of the student's clinical experience; or                   (E) a trainee in a medication aide training program approved by HHSC under this chapter who is administering medications as part of the trainee's clinical experience.         
        (2) A student described in paragraph (1)(B), (D), or (E) of this subsection may administer medication only as part of the student's clinical experience.       
        (3) A person described in paragraph (1) of this subsection must act under the supervision of an individual as set forth in applicable law and rules.       
     Source Note:        The provisions of this §557.103 adopted to be effective September 24, 2018, 43 TexReg 6328