Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
Subchapter D - STANDARDS FOR LICENSURE
Section 559.59 - Staff Qualifications
Universal Citation: 26 TX Admin Code ยง 559.59
Current through Reg. 49, No. 52; December 27, 2024
(a) Director. A facility must employ a director.
(1) The director must:
(A) have graduated from an accredited
four-year college or university and have no less than one year of experience in
working with people in a human service or medically related program, or have an
associate degree or 60 semester hours from an accredited college or university
with three years of experience working with people in a human service or
medically related program;
(B) be
an RN with one year of experience in a human service or medically related
program;
(C) meet the training and
experience requirements for a license as a nursing facility administrator under
Chapter 555 of this title (relating to Nursing Facility Administrators);
or
(D) have met the qualifications
for a director required on July 16, 1989, and served continuously in the
capacity of director since that date.
(2) The director must show evidence of 12
hours of annual continuing education in at least two of the following areas:
(A) client and provider rights and
responsibilities, abuse, neglect, exploitation, and confidentiality;
(B) basic principles of
supervision;
(C) skills for working
with individuals, families, and other professional service providers;
(D) individual characteristics and
needs;
(E) community
resources;
(F) basic infection
prevention and control measures;
(G) emergency preparedness and
response;
(H) basic emergency first
aid, such as cardiopulmonary resuscitation or choking; or
(I) federal laws, such as Americans with
Disabilities Act, Civil Rights Act of 1991, Rehabilitation Act of 1993, and
Family and Medical Leave Act of 1993.
(3) The activities director may fulfill the
function of director if the activities director meets the qualifications for
facility director.
(4) One person
may not serve as facility nurse, activities director, and director.
(5) The facility must have a policy regarding
the delegation of responsibility in the director's absence from the
facility.
(6) The facility must
notify HHSC Regulatory Services Regional Office for the region in which the
facility is located if the director is absent from the facility for more than
10 working days.
(b) Nurse. A facility must employ a nurse.
(1) An
RN must have a license from the Texas Board of Nursing and practice in
compliance with the Nurse Practice Act and rules and regulations of the Texas
Board of Nursing.
(2) An LVN must
have a license from the Texas Board of Nursing and practice in compliance with
the Nurse Practice Act and rules and regulations of the Texas Board of
Nursing.
(3) If a nurse serving as
director leaves the facility to perform other duties related to the DAHS
program, an LVN or another RN must fulfill the duties of the facility
nurse.
(4) A facility that does not
have a DAHS contract, but that has a Special Services to Persons with
Disabilities contract, is not required to have an RN on duty if the clients
receiving services have no medical needs and are able to self-administer
medication.
(c) Activities director. A facility must employ an activities director.
(1) Except as provided in paragraph (2) of
this subsection, an activities director must have graduated from high school or
have a certificate recognized by a state of the United States as the equivalent
of a high-school diploma and have:
(A) a
bachelor's degree from an accredited college or university and one year of
full-time experience working with elderly people or people with disabilities in
a human service or medically related program;
(B) 60 semester hours from an accredited
college or university and two years of full-time experience working with
elderly people or people with disabilities in a human service or medically
related program; or
(C) completed
an activities director's course and two years of full-time experience working
with elderly people or people with disabilities in a human service or medically
related program.
(2) An
activities director hired before May 1, 1999, with four years of full-time
experience working with elderly people or people with disabilities in a human
service or medically related program is not subject to the requirements of
paragraph (1) of this subsection.
(d) Attendants. An attendant must be at least 18 years of age and may be employed as a driver, aide, food service worker, janitor, housekeeper, or laundry services worker.
(1) If a facility employs a driver, the
driver must have a current operator's license, issued by the Texas Department
of Public Safety, that is appropriate for the class of vehicle used to
transport clients.
(2) If an
attendant handles food in the facility, the attendant must meet the
requirements of the Texas Department of State Health Services (DSHS) rules on
food service sanitation as described in 25 TAC Chapter 228 (relating to Retail
Food Establishments).
(e) Food service personnel. If a facility prepares meals on site, the facility must have sufficient food service personnel to prepare meals and snacks. Food service personnel must meet the requirements of the DSHS rules on food service sanitation as described in 25 TAC Chapter 228.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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