Amends TCA Title 68, Chapter 1, Part 9.

DEPARTMENT OF INTELLECTUAL AND DEVELOPMENTAL DISABILITIES TRAINING<br /> <br /> Present law authorizes the department of intellectual and developmental disabilities to, based upon its determination of available resources and need, provide training for unlicensed individuals who administer medications to individuals incapable of self-administration. The training must be provided only to unlicensed individuals who are employed by agencies that are both licensed under the law regarding mental health and substance abuse and intellectual and developmental disabilities and under contract to provide residential or adult day programs for persons with intellectual disability, and to unlicensed individuals employed by community-based licensed intermediate care facilities for persons who have intellectual disability who will administer medication only at a location other than the community-based facility. The employees of the community-based licensed intermediate care facilities for persons who have intellectual disability may additionally receive medication administration training specific to the person served. For the purposes of this present law, when administered by employees of intermediate care facilities, medications must be packaged in individual doses labeled with the name of the individual patient, the time of administration and the drug name and dosage.<br /> <br /> Present law prohibits the unlicensed personnel referenced in the above provisions from administering intravenous, intramuscular, and certain subcutaneous injectable medications. <br /> <br /> DEPARTMENT OF CHILDREN' SERVICES TRAINING<br /> <br /> Present law authorizes the department of children's services to, based on its determination of available resources and need, provide training for unlicensed individuals who assist children and youth with the self-administration of medication in group home settings. The training must be provided only to those unlicensed individuals who are employed by agencies that are both licensed under the law regarding juveniles and under contract to provide services to children in the department of children's services' custody in a group home setting.<br /> <br /> Present law prohibits the unlicensed personnel referenced in the above provisions from assisting with the self-administration of vaginal medications, rectal medications, intravenous, intramuscular, and certain subcutaneous injectable medications. <br /> <br /> UNLICENSED PERSONNEL EMPLOYED BY A PSSA<br /> <br /> This bill adds to the present law by authorizing an unlicensed person who is employed by a personal support service agency (PSSA) licensed under the law regarding mental health and substance abuse and intellectual and developmental disabilities to administer medications to an individual who is incapable of self-administration in the individual's place of residence after the unlicensed person satisfactorily completes a competency-based training program approved by the department of mental health and substance abuse services. <br /> <br /> PROHIBITIONS<br /> <br /> This bill prohibits the personnel referenced in this bill from administering intravenous, intramuscular, or certain subcutaneous injectable medications.<br /> <br /> RULES AND EXEMPTIONS FOR UNLICENSED PERSONNEL<br /> <br /> The department of intellectual and developmental disabilities, in consultation with the board of nursing, must promulgate rules to provide for competency-based training, education, and appropriate monitoring of the unlicensed personnel covered by the present law who must have the authority to perform the services provided for in this present law. The unlicensed personnel must be exempt from the licensing requirements contained in and rules promulgated pursuant to the law regarding professions of the healing arts.<br /> <br /> This bill requires the department of intellectual and developmental disabilities, in consultation with the board of nursing, to also promulgate rules to provide for competency-based training, education, and appropriate monitoring of the unlicensed personnel employed by a PSSA, as referenced in this bill, who must have the authority to perform the services provided for in this bill. Additionally, the unlicensed personnel referenced in this bill must be exempt from the licensing requirements contained in and rules promulgated pursuant to the law regarding professions of the healing arts.<br /> <br /> ON APRIL 1, 2024, THE HOUSE SUBSTITUTED SENATE BILL 1793 FOR HOUSE BILL 2081, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1793, AS AMENDED.<br /> <br /> AMENDMENT #1 provides that, in the context of a person who is employed by a personal support service agency (PSSA) who may administer medications, with training, to an individual who is incapable of self-administration in the person's place of residence, the training must only be provided to unlicensed individuals who are employed by agencies that are both licensed under state law and under contract to provide residential or adult day programs for persons with intellectual disability, to unlicensed individuals employed by community-based licensed intermediate care facilities for persons who have intellectual disability who will administer medication only at a location other than the community-based facility, and to unlicensed individuals employed by PSSAs licensed under state law.<br />