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RULE §556.3Nurse Aide Training and Competency Evaluation Program (NATCEP) Requirements

(a) To train nurse aides, a facility must apply for and obtain approval from HHSC to offer a NATCEP or the facility must contract with another entity offering a NATCEP.

(b) A person that wants to offer a NATCEP must file a complete NATCEP application with HHSC.

(c) A person applying to offer a NATCEP must submit a separate NATCEP application for each location from which training is delivered or administered.

(d) A NATCEP application must identify one or more facilities that the NATCEP uses as a clinical site.

(e) HHSC does not approve a NATCEP offered by or in a facility if, within the previous two years, the facility:

  (1) has operated under a waiver concerning the services of a registered nurse under §1819(b)(4)(C)(ii)(II) or §1919(b)(4)(C)(i) - (ii) of the Act;

  (2) has been subjected to an extended or partially extended survey under §1819(g)(2)(B)(i) or §1919(g)(2)(B)(i) of the Act;

  (3) has been assessed a civil money penalty of not less than $5,000 as adjusted annually under 45 CFR part 102 for deficiencies in nursing facility standards, as described in §1819(h)(2)(B)(ii) or §1919(h)(2)(A)(ii) of the Act;

  (4) has been subjected to denial of payment under Title XVIII or Title XIX of the Act;

  (5) has operated under state-appointed temporary management to oversee the operation of the facility under §1819(h) or §1919(h) of the Act;

  (6) had its participation agreement terminated under §1819(h)(4) or §1919(h)(1)(B)(i) of the Act; or

  (7) pursuant to state action, closed or had its residents transferred under §1919(h)(2) of the Act.

(f) A facility that is prohibited from offering a NATCEP under subsection (e) of this section must contract with a person who has not been employed by the facility or by the facility's owner to offer NATCEP in accordance with §1819(f)(2) and §1919(f)(2) of the Act if:

  (1) the NATCEP is offered to employees of the facility that is prohibited from training nurse aides under subsection (e) of this section;

  (2) the NATCEP is offered in, but not by, the prohibited facility;

  (3) there is no other NATCEP offered within a reasonable distance from the facility; and

  (4) an adequate environment exists for operating a NATCEP in the facility.

(g) A person who wants to contract with a facility in accordance with subsection (f) of this section must submit a completed application to HHSC in accordance with §556.4 of this chapter (relating to Filing and Processing an Application for a Nurse Aide Training and Competency Evaluation Program (NATCEP)) and include the name of the prohibited facility in the application. HHSC may withdraw the application within two years of approving it if HHSC determines that the facility is no longer prohibited from offering a NATCEP.

(h) A NATCEP must provide at least 100 hours of training to a trainee. The 100 hours must include:

  (1) 60 hours of classroom training; and

  (2) 40 hours of clinical training with at least one program instructor for every 10 trainees.

(i) A NATCEP that provides online training must:

  (1) maintain records in accordance with subsection (q) of this section and otherwise comply with this chapter;

  (2) adopt, implement, and enforce a policy and procedures for establishing that a trainee who registers in an online training is the same trainee who participates in and completes the course. This policy and associated procedures must describe the procedures the NATCEP uses to:

    (A) verify a trainee's identity;

    (B) ensure protection of a trainee's privacy and personal information; and

    (C) document the hours completed by each trainee; and

  (3) verify on the NATCEP application that the online course has the security features required under paragraph (2) of this subsection.

(j) A NATCEP must teach the curriculum established by HHSC and described in the Code of Federal Regulations, Title 42, §483.152. The NATCEP must include at least 16 introductory hours of classroom training in the following areas before a trainee has any direct contact with a resident:

  (1) communication and interpersonal skills;

  (2) infection control;

  (3) safety and emergency procedures, including the Heimlich maneuver;

  (4) promoting a resident's independence;

  (5) respecting a resident's rights;

  (6) basic nursing skills, including:

    (A) taking and recording vital signs;

    (B) measuring and recording height and weight;

    (C) caring for a resident's environment;

    (D) recognizing abnormal changes in body functioning and the importance of reporting such changes to a supervisor; and

    (E) caring for a resident when death is imminent;

  (7) personal care skills, including:

    (A) bathing;

    (B) grooming, including mouth care;

    (C) dressing;

    (D) toileting;

    (E) assisting with eating and hydration;

    (F) proper feeding techniques;

    (G) skin care; and

    (H) transfers, positioning, and turning;

  (8) mental health and social service needs, including:

    (A) modifying the aide's behavior in response to a resident's behavior;

    (B) awareness of developmental tasks associated with the aging process;

    (C) how to respond to a resident's behavior;

    (D) allowing a resident to make personal choices, providing and reinforcing other behavior consistent with the resident's dignity; and

    (E) using a resident's family as a source of emotional support;

  (9) care of cognitively impaired residents, including:

    (A) techniques for addressing the unique needs and behaviors of a resident with a dementia disorder including Alzheimer's disease;

    (B) communicating with a cognitively impaired resident;

    (C) understanding the behavior of a cognitively impaired resident;

    (D) appropriate responses to the behavior of a cognitively impaired resident; and

    (E) methods of reducing the effects of cognitive impairments;

  (10) basic restorative services, including:

    (A) training a resident in self care according to the resident's abilities;

    (B) use of assistive devices in transferring, ambulation, eating, and dressing;

    (C) maintenance of range of motion;

    (D) proper turning and positioning in bed and chair;

    (E) bowel and bladder training; and

    (F) care and use of prosthetic and orthotic devices; and

  (11) a resident's rights, including:

    (A) providing privacy and maintenance of confidentiality;

    (B) promoting the resident's right to make personal choices to accommodate their needs;

    (C) giving assistance in resolving grievances and disputes;

    (D) providing needed assistance in getting to and participating in resident, family, group, and other activities;

    (E) maintaining care and security of the resident's personal possessions;

    (F) promoting the resident's right to be free from abuse, mistreatment, and neglect and the need to report any instances of such treatment to appropriate facility staff; and

    (G) avoiding the need for restraints in accordance with current professional standards.

(k) A NATCEP must have a program director and a program instructor when the NATCEP applies for initial approval by HHSC in accordance with §556.7 of this chapter (relating to Review and Reapproval of a Nurse Aide Training and Competency Evaluation Program (NATCEP)) and to maintain HHSC approval. The program director and program instructor must meet the requirements of §556.5(a) and (b) of this chapter (relating to Program Director, Program Instructor, Supplemental Trainers, and Skills Examiner Requirements).

(l) A NATCEP must teach eight hours of infection control that includes the proper use of personal protective equipment (PPE) before a trainee has any direct contact with a resident.

(m) A NATCEP must verify that a trainee:

  (1) is not listed on the NAR in revoked status;

  (2) is not listed as unemployable on the EMR; and

  (3) has not been convicted of a criminal offense listed in Texas Health and Safety Code (THSC) §250.006(a) or convicted of a criminal offense listed in THSC §250.006(b) within the five years immediately before participating in the NATCEP.

(n) A NATCEP must ensure that a trainee:

  (1) completes the first 16 introductory hours of training (Section I of the curriculum) before having any direct contact with a resident;

  (2) only performs services for which the trainee has been trained and has been found to be proficient by a program instructor;

  (3) is under the direct supervision of a licensed nurse when performing skills as part of a NATCEP until the trainee has been found competent by the program instructor to perform that skill;

  (4) is under the general supervision of a licensed nurse when providing services to a resident after a trainee has been found competent by the program instructor; and

  (5) is clearly identified as a trainee during the clinical training portion of the NATCEP.

(o) A NATCEP must submit a NATCEP application to HHSC if the information in an approved NATCEP application changes. A NATCEP may not continue training or start new training until HHSC approves the change. HHSC conducts a review of the NATCEP information if HHSC determines the changes are substantive.

(p) A NATCEP must use an HHSC performance record to document major duties or skills taught, trainee performance of a duty or skill, satisfactory or unsatisfactory performance, and the name of the instructor supervising the performance. At the completion of the NATCEP, the trainee and the employer, if applicable, will receive a copy of the performance record.

(q) A NATCEP must maintain records for each session of classroom training, whether offered in person or online, and of clinical training, and must make these records available to HHSC or its designees at any reasonable time.

  (1) The classroom and clinical training records must include:

    (A) dates and times of all classroom and clinical training;

    (B) the full name and social security number of each trainee;

    (C) a record of the date and time of each classroom and clinical training session a trainee attends;

    (D) a final course grade that indicates pass or fail for each trainee; and

    (E) a physical or electronic sign-in record for each classroom and clinical training session. An electronic sign-in must include a form of identity verification for the trainee conducted in compliance with the requirements of subsection (i)(2) of this section.

  (2) A NATCEP must provide to HHSC, on the NATCEP application, the physical address where all records are maintained and must notify HHSC of any change in the address provided.

(r) A facility must not charge a nurse aide for any portion of the NATCEP, including any fees for textbooks or other required course materials, if the nurse aide is employed by or has received an offer of employment from a facility on the date the nurse aide begins a NATCEP.

(s) HHSC reimburses a nurse aide for a portion of the costs incurred by the nurse aide to complete a NATCEP if the nurse aide is employed by or has received an offer of employment from a facility within 12 months after completing the NATCEP.

(t) HHSC must approve a NATCEP before the NATCEP solicits or enrolls trainees.

(u) HHSC approval of a NATCEP only applies to the required curriculum and hours. HHSC does not approve additional content or hours.

(v) A new employee or trainee orientation given by a facility to a nurse aide employed by the facility does not constitute a part of a NATCEP.

(w) A NATCEP that provides training to renew a nurse aide's listing on the NAR must include training in geriatrics and the care of residents with a dementia disorder, including Alzheimer's disease.

Source Note: The provisions of this §556.3 adopted to be effective September 24, 2018, 43 TexReg 6326; amended to be effective August 8, 2021, 46 TexReg 4693

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