| (a) Administrator qualifications.
(1) For an agency licensed to provide licensed home
health services, licensed and certified home health services, or hospice
services, the administrator and the alternate administrator must:
(A) be a licensed physician, RN, licensed social worker,
licensed therapist, or licensed nursing home administrator with at
least one year of management or supervisory experience in a health-related
setting, such as:
(i) a home and community support services agency;
(ii) a hospital;
(iii) a nursing facility;
(iv) a hospice;
(v) an outpatient rehabilitation center;
(vi) a psychiatric facility;
(vii) an intermediate care facility for individuals
with an intellectual disability or related conditions; or
(viii) a licensed health care delivery setting providing
services for individuals with functional disabilities; or
(B) have a high school diploma or a general equivalency
degree (GED) with at least two years of management or supervisory
experience in a health-related setting, such as:
(i) a home and community support services agency;
(ii) a hospital;
(iii) a nursing facility;
(iv) a hospice;
(v) an outpatient rehabilitation center;
(vi) a psychiatric facility;
(vii) an intermediate care facility for individuals
with an intellectual disability or related conditions; or
(viii) a licensed health care delivery setting providing
services for individuals with functional disabilities.
(2) For an agency licensed to provide hospice services,
in addition to the qualifications listed in paragraph (1)(A) or (B)
of this subsection, the administrator and the alternate administrator
must:
(A) be a hospice employee; and
(B) have any additional education and experience required
by the hospice's governing body, as specified in the agency's job
description.
(3) For an agency licensed to provide only personal
assistance services, the administrator and the alternate administrator
must meet at least one of the following qualifications:
(A) have a high school diploma or a GED with at least
one year of experience or training in caring for individuals with
functional disabilities;
(B) have completed two years of full-time study at
an accredited college or university in a health-related field; or
(C) meet the qualifications listed in paragraph (1)(A)
or (B) of this subsection.
(b) Administrator conditions.
(1) An administrator and alternate administrator must
be able to read, write, and comprehend English.
(2) An administrator and alternate administrator designated
as an administrator or alternate administrator for the first time
on or after December 1, 2006, must meet the initial educational training
requirements specified in §558.259 of this division (relating
to Initial Educational Training in Administration of Agencies).
(3) An administrator and alternate administrator designated
as an administrator or alternate administrator before December 1,
2006, must meet the continuing education requirements specified in §558.260
of this division (relating to Continuing Education in Administration
of Agencies).
(4) A person is not eligible to be the administrator
or alternate administrator of any agency if the person was the administrator
of an agency cited with a violation that resulted in HHSC taking enforcement
action against the agency while the person was the administrator of
the cited agency.
(A) This paragraph applies for 12 months after the
date of the enforcement action.
(B) For purposes of this paragraph, enforcement action
means license revocation, suspension, emergency suspension of a license,
denial of an application for a license, or the imposition of an injunction,
but it does not include administrative or civil penalties.
(C) If HHSC prevails in one enforcement action against
the agency and proceeds with, but does not prevail in, another enforcement
action based on some or all of the same violations, this paragraph
does not apply.
(5) An administrator and alternate administrator must
not be convicted of an offense described in Chapter 560 of this title
(relating to Denial or Refusal of License) during the time frames
described in that chapter.
(c) Supervising nurse qualifications.
(1) For an agency without a home dialysis designation,
a supervising nurse and alternate supervising nurse must each:
(A) be an RN licensed in Texas or in accordance with
the Texas Board of Nursing rules for Nurse Licensure Compact (NLC);
and
(B) have at least one year of experience as an RN within
the last 36 months.
(2) For an agency with home dialysis designation, a
supervising nurse and alternate supervising nurse must each:
(A) be an RN licensed in Texas or in accordance with
the Texas Board of Nursing rules, 22 TAC Chapter 220 for NLC, and:
(i) have at least three years of current experience
in hemodialysis; or
(ii) have at least two years of experience as an RN
and hold a current certification from a nationally recognized board
in nephrology nursing or hemodialysis; or
(B) be a nephrologist or physician with training or
demonstrated experience in the care of ESRD clients.
|
| Source Note: The provisions of this §558.244 adopted to be effective December 1, 2006, 31 TexReg 7368; amended to be effective May 1, 2008, 33 TexReg 1136; amended to be effective September 1, 2009, 34 TexReg 5139; amended to be effective October 1, 2013, 38 TexReg 6628; 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 |
