TX HHS Form 1733. Employer and Employee Acknowledgement of Exemption from Nursing Licensure for Certain Services Delivered through Consumer Directed Services

The TX HHS Form 1733, Employer and Employee Acknowledgement of Exemption from Nursing Licensure for Certain Services Delivered through Consumer Directed Services, helps solve the problem of ensuring that certain services can be delivered by unlicensed individuals in a Consumer Directed Services (CDS) option. This form is used in situations where an individual or their legally authorized representative (LAR) wants to employ someone to provide specific services, such as bathing, grooming, and feeding, without requiring a nursing license.

The key feature of this form is the requirement that the employer must be capable of training the unlicensed employee in the performance of the task(s) and train and supervise the employee performing the task(s). The LAR must also observe the person performing the service at least once to assure themselves that the employee performs the service correctly. Additionally, the form highlights the tasks that are prohibited from delegation by the Texas Board of Nursing, such as physical, psychological, and social assessments, and formulation of a nursing care plan.

This form is used in situations where an individual or their LAR wants to employ someone to provide specific services that do not require a nursing license. Key points to note include:

• The employer must be capable of training the unlicensed employee in the performance of the task(s)
• The LAR must observe the person performing the service at least once to assure themselves that the employee performs the service correctly
• Certain tasks are prohibited from delegation by the Texas Board of Nursing, such as physical, psychological, and social assessments
• Examples of services that may be exempt from nursing licensure include bathing, grooming, feeding, routine skin care, transferring, exercising, and administering oral medications