|(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
(1) information on the licensing standards for an agency;
(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
(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
(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
(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
(C) an independent contractor who consults with agencies;
(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
(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.
|Source Note: The provisions of this §558.259 adopted to be effective May 1, 2008, 33 TexReg 1136; amended to be effective July 1, 2012, 37 TexReg 4613; transferred effective May 1, 2019, as published in the April 12, 2019, issue of the Texas Register, 44 TexReg 1893; amended to be effective April 25, 2021, 46 TexReg 2427