The facility must employ sufficient staff with the appropriate
competencies and skill sets to carry out the functions of the food
and nutrition services, taking into consideration resident assessments,
individual plans of care, and the number, acuity, and diagnoses of
the facility's resident population in accordance with the facility
assessment required at §19.1931 of this chapter (relating to
Facility Assessment). This includes:
(1) a qualified dietitian, either full-time, part-time,
or on a consultant basis. A qualified dietitian:
(A) holds a bachelors' or higher degree granted by
a regionally accredited college or university in the United States,
or an equivalent foreign degree, with completion of the academic requirements
of a program in nutrition or dietetics accredited by an appropriate
national accreditation organization recognized for this purpose;
(B) has completed at least 900 hours of supervised
dietetics practice under the supervision of a registered dietitian
or nutrition professional; and
(C) is licensed as a dietitian by the state of Texas;
(2) a dietitian hired or contracted with before November
28, 2016, that does not meet the requirements in paragraph (1)(A)
- (C) of this section must:
(A) be either:
(i) registered by the Commission on Dietetic Registration
or;
(ii) licensed, or provisionally licensed, by the Texas
Department of Licensing and Regulation with at least one year of
supervisory experience in dietetic service of a health care facility;
and
(B) meet the requirements in paragraph (1)(A) - (C)
of this section by November 28, 2021;
(3) if a qualified dietitian is not employed full-time,
the facility must designate a person to serve as the director of food
and nutrition services who receives frequent scheduled consultations
from a qualified dietitian and who:
(A) is a certified dietary manager;
(B) is a certified food service manager;
(C) has similar national certification for food service
management and safety from a national certifying body; or
(D) has an associate's or higher degree in food service
management or in hospitality, if the course study includes food service
or restaurant management, from an accredited institution of higher
learning;
(4) a director of food and nutrition services who is
not a qualified dietitian and does not meet the requirements in paragraph
(3)(A) - (D) of this section, and who was designated before November
28, 2016, must:
(A) be at least:
(i) an associate-in-arts graduate in nutrition and
food service management;
(ii) a graduate of a dietetic technician or dietetic
assistant training program approved by the Academy of Nutrition and
Dietetics or the Association of Nutrition & Foodservice Professionals;
(iii) a person who has completed a state-agency-approved
90-hour course in food service supervision; or
(iv) a person who has training and experience in food
service supervision and management in a military service equivalent
in content to the programs in paragraph (3) of this section or clauses
(i) - (iii) of this subparagraph and has had the person's training
credentials evaluated and approved by the nutrition program specialist
of the HHSC Regulatory Services Division; and
(B) meet one of the requirements in paragraph (3)(A)
- (D) of this subsection by November 28, 2021.
(5) Support staff. The facility must provide sufficient
support personnel to carry out the functions of the food and nutrition
service.
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| Source Note: The provisions of this §554.1102 adopted to be effective March 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
