Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
Division 3 - AGENCY ADMINISTRATION
Section 558.244 - Administrator Qualifications and Conditions and Supervising Nurse Qualifications
Universal Citation: 26 TX Admin Code ยง 558.244
Current through Reg. 49, No. 38; September 20, 2024
(a) Administrator qualifications.
(1) For an
agency licensed to provide licensed home health services, licensed and
certified home health services, or hospice services, the administrator and the
alternate administrator must:
(A) be a
licensed physician, RN, licensed social worker, licensed therapist, or licensed
nursing home administrator with at least one year of management or supervisory
experience in a health-related setting, such as:
(i) a home and community support services
agency;
(ii) a hospital;
(iii) a nursing facility;
(iv) a hospice;
(v) an outpatient rehabilitation
center;
(vi) a psychiatric
facility;
(vii) an intermediate
care facility for individuals with an intellectual disability or related
conditions; or
(viii) a licensed
health care delivery setting providing services for individuals with functional
disabilities; or
(B) have
a high school diploma or a general equivalency degree (GED) with at least two
years of management or supervisory experience in a health-related setting, such
as:
(i) a home and community support services
agency;
(ii) a hospital;
(iii) a nursing facility;
(iv) a hospice;
(v) an outpatient rehabilitation
center;
(vi) a psychiatric
facility;
(vii) an intermediate
care facility for individuals with an intellectual disability or related
conditions; or
(viii) a licensed
health care delivery setting providing services for individuals with functional
disabilities.
(2) For an agency licensed to provide hospice
services, in addition to the qualifications listed in paragraph (1)(A) or (B)
of this subsection, the administrator and the alternate administrator must:
(A) be a hospice employee; and
(B) have any additional education and
experience required by the hospice's governing body, as specified in the
agency's job description.
(3) For an agency licensed to provide only
personal assistance services, the administrator and the alternate administrator
must meet at least one of the following qualifications:
(A) have a high school diploma or a GED with
at least one year of experience or training in caring for individuals with
functional disabilities;
(B) have
completed two years of full-time study at an accredited college or university
in a health-related field; or
(C)
meet the qualifications listed in paragraph (1)(A) or (B) of this
subsection.
(b) Administrator conditions.
(1) An
administrator and alternate administrator must be able to read, write, and
comprehend English.
(2) An
administrator and alternate administrator designated as an administrator or
alternate administrator for the first time on or after December 1, 2006, must
meet the initial educational training requirements specified in §558.259
of this division (relating to Initial Educational Training in Administration of
Agencies).
(3) An administrator and
alternate administrator designated as an administrator or alternate
administrator before December 1, 2006, must meet the continuing education
requirements specified in §558.260 of this division (relating to
Continuing Education in Administration of Agencies).
(4) A person is not eligible to be the
administrator or alternate administrator of any agency if the person was the
administrator of an agency cited with a violation that resulted in HHSC taking
enforcement action against the agency while the person was the administrator of
the cited agency.
(A) This paragraph applies
for 12 months after the date of the enforcement action.
(B) For purposes of this paragraph,
enforcement action means license revocation, suspension, emergency suspension
of a license, denial of an application for a license, or the imposition of an
injunction, but it does not include administrative or civil
penalties.
(C) If HHSC prevails in
one enforcement action against the agency and proceeds with, but does not
prevail in, another enforcement action based on some or all of the same
violations, this paragraph does not apply.
(5) An administrator and alternate
administrator must not be convicted of an offense described in Chapter 560 of
this title (relating to Denial or Refusal of License) during the time frames
described in that chapter.
(c) Supervising nurse qualifications.
(1) For an agency without a home dialysis
designation, a supervising nurse and alternate supervising nurse must each:
(A) be an RN licensed in Texas or in
accordance with the Texas Board of Nursing rules for Nurse Licensure Compact
(NLC); and
(B) have at least one
year of experience as an RN within the last 36 months.
(2) For an agency with home dialysis
designation, a supervising nurse and alternate supervising nurse must each:
(A) be an RN licensed in Texas or in
accordance with the Texas Board of Nursing rules, 22 TAC Chapter 220 for NLC,
and:
(i) have at least three years of current
experience in hemodialysis; or
(ii)
have at least two years of experience as an RN and hold a current certification
from a nationally recognized board in nephrology nursing or hemodialysis;
or
(B) be a nephrologist
or physician with training or demonstrated experience in the care of ESRD
clients.
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