26 Tex. Admin. Code § 558.259 - Initial Educational Training in Administration of Agencies
(a) This section applies only to an
administrator and alternate administrator designated as an administrator or
alternate administrator for the first time on or after December 1,
2006.
(b) In addition to the
qualifications and conditions described in §558.244 of this division
(relating to Administrator Qualifications and Conditions and Supervising Nurse
Qualifications), a first-time administrator and alternate administrator of an
agency must each complete a total of 24 clock hours of educational training in
the administration of an agency before the end of the first 12 months after
designation to the position.
(c)
Prior to designation, a first-time administrator or alternate administrator
must complete eight clock hours of educational training in the administration
of an agency. The initial eight clock hours must be completed during the 12
months immediately preceding the date of designation to the position. The
initial eight clock hours must include:
(1)
information on the licensing standards for an agency; and
(2) information on the state and federal laws
applicable to an agency, including:
(A) Texas
Health and Safety Code Chapters 142 and 250;
(B) Texas Human Resources Code Chapter 102,
Rights of the Elderly;
(C) the
Americans with Disabilities Act;
(D) the Civil Rights Act of 1991;
(E) the Rehabilitation Act of 1993;
(F) the Family and Medical Leave Act of 1993;
and
(G) the Occupational Safety and
Health Administration requirements.
(d) A first-time administrator and alternate
administrator must complete an additional 16 clock hours of educational
training before the end of the first 12 months after designation to the
position. Any of the additional 16 clock hours may be completed prior to
designation, if completed during the 12 months immediately preceding the date
of designation to the position. The additional 16 clock hours must include the
following subjects and may include other topics related to the duties of an
administrator:
(1) information regarding
fraud and abuse detection and prevention;
(2) legal issues regarding advance
directives;
(3) client rights,
including the right to confidentiality;
(4) agency responsibilities;
(5) complaint investigation and
resolution;
(6) emergency
preparedness planning and implementation;
(7) abuse, neglect, and
exploitation;
(8) infection
control;
(9) nutrition (for
agencies licensed to provide inpatient hospice services); and
(10) the Outcome and Assessment Information
Set (OASIS) (for agencies licensed to provide licensed and certified home
health services).
(e) The
24-hour educational training requirement described in subsection (b) of this
section must be met through structured, formalized classes, correspondence
courses, competency-based computer courses, training videos, distance learning
programs, or off-site training courses. Subject matter that deals with the
internal affairs of an organization does not qualify for credit.
(1) The training must be provided or produced
by:
(A) an academic institution;
(B) a recognized state or national
organization or association;
(C) an
independent contractor who consults with agencies; or
(D) an agency.
(2) If an agency or independent contractor
provides or produces the training, the training must be approved by HHSC or
recognized by a state or national organization or association. The agency must
maintain documentation of this approval or recognition for review by HHSC
surveyors.
(3) A first-time
administrator and alternate administrator may apply joint training provided by
HHSC toward the 24 hours of educational training required by this section if
the joint training meets the educational training requirements described in
subsections (c) and (d) of this section.
(f) Documentation of administrator and
alternate administrator training must:
(1) be
on file at the agency; and
(2)
contain the name of the class or workshop, the course content (such as the
curriculum), the hours and dates of the training, and the name and contact
information of the entity and trainer who provided the training.
(g) A first-time administrator and
alternate administrator must not apply the HHSC Presurvey Training toward the
24 hours of educational training required in this section.
(h) After completing the 24 hours of initial
educational training prior to or during the first 12 months after designation
as a first-time administrator and alternate administrator, an administrator and
alternate administrator must complete the continuing education requirements as
specified in §558.260 of this division (relating to Continuing Education
in Administration of Agencies) in each subsequent 12-month period after
designation.
Notes
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