APNs who see patients in long-term care facilities, in Intermediate Care Facilities for the Mentally Retarded (ICF/MR), or state schools should be familiar with statutes in the Human Services Code and/or Health & Safety Code and the DADS rules that relate to the standards of care in these facilities and programs. All DADS rules are in 40 TAC, Part 1.
Subject |
Statutes |
Rule/s |
Hospice Care - A physician must certify the terminal illness |
Chapter 142, Texas Health & Safety Code does not specify |
40 TAC §30.10(a)(2)
40 TAC §30.14
|
In ICF/MR facilities, a physician is required to do a yearly physical exam. However, this rule is currently not being enforced. |
Chapter 252, Texas Health & Safety Code
|
40 TAC §90.42(e)(11) CNAP petitioned DADs to amend this rule to allow APNs to perform the yearly physical exam |
An APN may order services in the Primary Home Care Program (not home health care) |
Chapter 35, Texas Human Resources Code
§32.061 Texas Human Resources Code |
40 TAC §47.47
|
Certain restraints are prohibited in all facilities and supervised living and home care support programs.
|
§322.001 & §322.051, Texas Health & Safety Code
Chapter 42, Human Resources Code |
|
Facilities |
Chapter 242, Texas Health & Safety Code |
40 TAC Chapter 19 |
Assisted Living Facilities
|
Chapter 247, Texas Health & Safety Code |
40 TAC Chapter 46
|
