TITLE social-services-and-assistance

Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 18. NURSING FACILITY ADMINISTRATORS

The Texas Department of Human Services (DHS) adopts the repeal of §§18.3 - 18.10 and §§18.15 - 18.16 and new §§18.3 - 18.10 and §§18.15 - 18.16 without changes to the proposed text published in the November 12, 1999, issue of the Texas Register (24 TexReg 9971).

The repeals and new sections are justified in that they will ensure that applicants attain the necessary academic and clinical training in long term care administration and ensure that currently licensed administrators maintain the necessary skills and competency to care for the elderly and disabled population. The adopted rules will help ensure the protection, health, and safety of all individuals residing in nursing facilities.

The new sections will function by increasing the late renewal and reinstatement of licensure fees as required by Senate Bill 374, passed during the 76th Regular Session of the Texas Legislature, and upgrading professional standards for licensure of nursing facility administrators. The adopted rules will no longer allow an administrator to practice with an expired license or falsely post a license during the period of expiration. An administrator that practices with an expired license will be subject to a sanction. Academic and internship waivers will no longer be granted to applicants. Nursing facility administrators must still acquire 40 hours of continuing education biennially, but will no longer have to complete a specific number of hours in a prescribed category. The nursing facility administrator must now complete 40 hours of continuing education in ethics and one or more of the five domains of the National Association of Boards of Examiners of Long Term Care Administrators, Inc. (NAB). Effective January 1, 2000, all continuing education provided to nursing facility administrators must be approved by the National Continuing Education Review Services (NCERS), an affiliate of the NAB. The adopted amendments also require an administrator to report a change of home and employment address to DHS if employed by a nursing facility within 30 days, or the administrator may be subject to the imposition of a sanction. Additionally, the adopted amendments update the requirements for default orders and licensure criteria for persons with criminal backgrounds.

The department received one written comment during the comment period which addressed items that pertain to issues not involved with this particular set of rules, and thus are not discussed herein. The commenter was the Texas Association of Residential Care Communities.

40 TAC §§18.3-18.10, 18.15, 18.16

The repeals are adopted under the Texas Health and Safety Code, Chapter 242, Subchapter I, (Nursing Facility Administration, §§242.301, added by Acts 1997, 75th Legislature, Chapter 1280, §1.01), which authorizes the department to license nursing facility administrators.

The repeals implement the Texas Health and Safety Code, Chapter 242.302, as added by Acts 1997, 75th Legislature, Chapter 1280, §1.01.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 30, 1999.

TRD-9909088

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: February 1, 2000

Proposal publication date: November 12, 1999

For further information, please call: (512) 438-3108

The new sections are adopted under the Texas Health and Safety Code, Chapter 242, Subchapter I, (Nursing Facility Administration, §§242.301, added by Acts 1997, 75th Legislature, Chapter 1280, §1.01), which authorizes the department to license nursing facility administrators.

The new sections implement the Texas Health and Safety Code, Chapter 242.302, as added by Acts 1997, 75th Legislature, Chapter 1280, §1.01.