PDH S.B. 1293 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1293
By: Zaffirini
Human Services
4/19/1999
Engrossed


BACKGROUND AND PURPOSE 

Currently, Chapter 242 (Convalescent And Nursing Homes And Related
Institutions), Health and Safety Code, specifies that permits to administer
medication to residents of nursing and convalescent homes and certain
related institutions are valid for one year and renewable only on December
31st, regardless of the initial application date.  The simultaneous renewal
of the permits of 7,000 medication aides requires the Texas Department of
Health to hire temporary workers to process applications and fees.  S.B.
1293 allows staggered permit renewal dates, and requires appropriately
prorated fees. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 242.610, Health and Safety Code, by amending
Subsection (e), and adding Subsection (g), as follows: 

(e)  Provides that Subsection (g) is an exception to this section, which
provides that a permit to administer medication is valid for one year and
is not transferable.  Makes a conforming change. 

(g)  Authorizes the Texas Department of Health to shorten a permit's term
to stagger permit renewal.  Provides that if a permit is issued for a term
of less than one year, the fee assessed under Section 242.611 (Fees for
Issuance and Renewal of Permit to Administer Medication) must be prorated
appropriately.  

SECTION 2.Emergency clause.
  Effective date:  upon passage.