APPLICABILITY OF CERTAIN NURSING LICENSURE REQUIREMENTS

Section 301.251(a), Occupations Code, does not apply to delivery of a service for which payment is provided under the consumer-directed service option developed under this subchapter if: (1) the individual who delivers the service: (A) has not been denied a license under Chapter 301, Occupations Code; (B) has not been issued a license under Chapter 301, Occupations Code, that is revoked or suspended; and (C) performs a service that is not expressly prohibited from delegation by the Texas Board of Nursing; and (2) the consumer who receives the service: (A) has a disability and the service would have been performed by the consumer or the consumer's legally authorized representative except for that disability; and (B) is: (i) capable of training the individual to properly perform the service and the consumer directs the individual to deliver the service; or (ii) not capable of training the individual to properly perform the service, the consumer's legally authorized representative is capable of training the individual to properly perform the service, and the legally authorized representative directs the individual to deliver the service.