Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 19.
NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
Subchapter H. QUALITY OF LIFE
40 TAC §19.702
The Texas Department of Human Services (DHS) proposes an
amendment to §19.702, concerning credentialing bodies for activity directors,
in its Nursing Facility Requirements for Licensure and Medicaid Certification
chapter. The purpose of the amendment is to clarify recognized credentialing
bodies for activity directors and include the Consortium for Therapeutic Recreation/Activities
Certification, Inc.
Also in this issue, DHS proposes a similar amendment to §92.53.
Eric M. Bost, commissioner, has determined that for the first five- year
period the section is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the section.
Mr. Bost also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of adoption
of the proposed rule will be additional credentialing bodies for activity
directors. This will broaden the choice for training and certification of
activity directors and stimulate competition for the most current and innovative
training program. There will be no adverse economic effect on small or micro
businesses, because the proposal does not require anything additional of the
facilities; it simply provides another option for credentialing bodies for
activity directors. There is no anticipated economic cost to persons who are
required to comply with the proposed amendment.
Questions about the content of this proposal may be directed to Connie
Pate at (512) 438-3529 in DHS's Long Term Care-Policy Section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-057,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
The amendment is proposed under the Health and Safety Code, Chapter
242, which authorizes the department to license and regulate nursing facilities.
The amendments implement the Health and Safety Code, §242.001- 242.268.
§19.702.Activities.
(a)
(No change.)
(b)
The activities program must be directed by a qualified
professional who:
(1) - (3)
(No change.)
(4)
has completed an activity director training course approved
by any state. The Texas Department of Human Services (DHS) does not review
or approve any courses. DHS accepts [
(c) - (e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on January 12, 2001.
TRD-200100244
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 25, 2001
For further information, please call: (512) 438-3108
Subchapter C. STANDARDS FOR LICENSURE
40 TAC §92.53
The Texas Department of Human Services (DHS) proposes an
amendment to §92.53, concerning credentialing bodies for activity directors,
in its Licensing Standards for Assisted Living Facilities chapter. The purpose
of the amendment is to clarify recognized credentialing bodies for activity
directors and include the Consortium for Therapeutic Recreation/Activities
Certification, Inc.
Also in this issue, DHS proposes a similar amendment to §19.702.
Eric M. Bost, commissioner, has determined that for the first five- year
period the section is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the section.
Mr. Bost also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of adoption
of the proposed rule will be additional credentialing bodies for activity
directors. This will broaden the choice for training and certification of
activity directors and stimulate competition for the most current and innovative
training program. There will be no adverse economic effect on small or micro
businesses, because the proposal does not require anything additional of the
facilities; it simply provides another option for credentialing bodies for
activity directors. There is no anticipated economic cost to persons who are
required to comply with the proposed amendment.
Questions about the content of this proposal may be directed to Connie
Pate at (512) 438-3529 in DHS's Long Term Care-Policy Section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-057,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
The amendment is adopted under the Health and Safety Code, Chapter
247, which authorizes the department to license assisted living facilities.
The amendment implements the Health and Safety Code, Chapter 247.001-247.066.
§92.53.Standards for Certified Alzheimer's Assisted Living Facilities.
(a) - (f)
(No change.)
(g)
Activities. A facility must encourage socialization, cognitive
awareness, self-expression, and physical activity in a planned and structured
activities program. Activities must be individualized, based upon the resident
assessment, and appropriate for each resident's abilities.
(1) - (2)
(No change.)
(3)
Facilities must have an employee responsible for leading
activities.
(A)
(No change.)
(B)
Facilities with 17 or more residents must employ, at a
minimum, an activity director for 20 hours weekly. The activity director must
be a qualified professional who:
(i)
is a qualified therapeutic recreation specialist or an
activities professional who is eligible for certification as a therapeutic
recreation specialist, therapeutic recreation assistant, or an activities
professional by a recognized accrediting body, such as the National Council
for Therapeutic Recreation Certification
,
[
(ii) - (iii)
(No change.)
(4) - (8)
(No change.)
(h)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on January 12, 2001.
TRD-200100245
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 25, 2001
For further information, please call: (512) 438-3108
Chapter 101.
GENERAL RULES
only
] training courses approved
by
a recognized credentialing body, such as
the National Certification
Council for Activity Professionals
,
[
or
] the National
Therapeutic Recreation Society
, or the Consortium for Therapeutic Recreation/Activities
Certification, Inc
.
Chapter 92.
LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
or
] the National
Certification Council for Activity Professionals
, or the Consortium for
Therapeutic Recreation/Activities Certification, Inc.
; or
Part 2.
TEXAS REHABILITATION COMMISSION