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


Office of House Bill AnalysisH.B. 456
By: Maxey
Public Health
2/11/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, under the state'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. The purpose of House Bill 456 is to allow an unlicensed
personal attendant hired by a consumer participating in the voucher payment
program to perform those responsibilities under the direction of the
consumer 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. 

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 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. 


EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.