Texas Administrative Code

(a) An administrator of a center must be responsible for implementing and supervising the administrative policies and operations of the center and for administratively supervising the provision of all services to minors on a day-to-day basis. (b) A center's administrator must:(1)…

(a) If a center has an agreement with an accredited school of nursing to use the center for a portion of a student nurse's clinical experience, the student nurse may provide care under the following conditions:(1) the agreement ensures that criminal history checks are conducted f…

(a) If a center uses contractors, the center must enter into a contract with each contractor. The contract must be enforced by the center and clearly designate: (1) that minors are accepted for care only by the center; (2) the services to be provided by the contractor and how the…

(a) A center must adopt and enforce written staffing policies and procedures that govern all staff providing services on behalf of the center, including employees, volunteers, and contractors. (b) A center's written staffing policies must include:(1) requirements for orientation …

(a) A center must maintain a personnel record for an employee and volunteer. A personnel record may be maintained electronically if it meets the same requirements as a paper record. All information must be kept current. A personnel record must include the following:(1) a signed j…

(a) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise. (1) Applicant means any individual applying for a position in a center. (2) Employee means an individual directly employed by a center, a vol…

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise. (1) Active Play--Any physical activity from which a minor derives amusement, entertainment, enjoyment, or satisfaction by taking a participatory r…

(a) Personnel records. A facility must keep current and complete personnel records on a facility employee for review by HHSC staff including: (1) documentation that the facility performed a criminal history check; (2) an annual employee misconduct registry check; (3) an annual nu…

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. (1) Abuse--Negligent or willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical or emotional …

(a) The facility must admit and retain only residents whose needs can be met through service from the facility staff, or in cooperation with community resources or other providers under contract. (b) Individuals who have met the requirements of Chapter 17 of this title (relating …

(a) Fee waiver based on military experience. (1) The Texas Health and Human Services Commission (HHSC) waives the application fee described in § 555.11(a)(2) of this chapter (relating to Application Requirements) and the initial license fee described in § 555.31(a)(2) of this cha…

(a) HHSC may waive the requirement for a nurse aide to take the NATCEP specified in § 556.3 of this chapter (relating to Nurse Aide Training and Competency Evaluation Program (NATCEP) Requirements) and issue a certificate of registration and place a nurse aide on the Nurse Aide R…

(a) HHSC reviews and investigates allegations of abuse, neglect, or misappropriation of resident property by a nurse aide employed in a nursing facility. If HHSC finds that a nurse aide committed an act of abuse, neglect, or misappropriation of resident property, before entry of …

(a) Additional time for in-service education. (1) HHSC gives a nurse aide an additional two years to complete in-service education required for a nurse aide to maintain his or her certificate of registration and an active listing on the Nurse Aide Registry (NAR), as described in …

(a) To train nurse aides, a nursing facility must apply for and obtain approval from HHSC to offer a NATCEP or contract with another entity offering a NATCEP. The nursing facility must participate in Medicare, Medicaid, or both, to apply for approval to be a NATCEP. (b) A person …

(a) Each applicant for a permit issued under this chapter must complete a training program unless the applicant meets the requirements of subsection (c) or (e) of this section. (b) Before submitting an application for a permit under this chapter, an applicant must: (1) be able to…

(a) HHSC approves or denies each application for a permit. (b) HHSC provides notices of application approval, denial, or deficiency in accordance with § 557.127 of this chapter (relating to Application Processing). (c) HHSC denies an application for a permit if the applicant: (1)…

(a) General. (1) An initial permit is valid for 12 months from the date of issue. (2) A medication aide must renew his or her permit annually. (3) Each medication aide is responsible for renewing the permit before the expiration date. Failure to receive notification from HHSC bef…

(a) Application. An educational institution accredited by the Texas Workforce Commission or Texas Higher Education Coordinating Board that desires to offer a training program must file an application for approval on an HHSC form through the online portal. Programs sponsored by st…

(a) Fee waiver based on military experience. (1) HHSC waives the combined permit application and examination fee described in § 557.109(c)(1)(A) of this chapter (relating to Application Procedures) and the permit application fee described in § 557.125(g)(1) of this chapter (relat…

(a) The purpose of this subchapter is to establish licensing procedures, standards, and requirements for an individualized skills and socialization provider licensed as a Day Activity and Health Services (DAHS) facility in accordance with Texas Human Resources Code Chapter 103. (…

(a) An entity may not establish or provide individualized skills and socialization services in Texas without a license issued by the Texas Health and Human Services Commission (HHSC) in accordance with Texas Human Resources Code, Chapter 103, and this subchapter. (b) An individua…

(a) An individualized skills and socialization provider must: (1) comply with the provisions of Texas Health and Safety Code (HSC), Chapter 250 (relating to Nurse Aide Registry and Criminal History Checks of Employees and Applicants for Employment in Certain Facilities Serving th…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) Staff qualifications. (1) An individualized skills and socialization provider must: (A) employ an administrator; (B) ensure the administrator meets the requirements outlined in paragraph (2) of this subsection; and (C) have a policy regarding the delegation of responsibility …

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

For purposes of this subchapter, the definitions of abuse, neglect, and exploitation are those found in Chapter 48, Texas Human Resources Code, and § 559.2 of this chapter (relating to Definitions). Notes 26 Tex. Admin. Code § 559.239 Adopted by Texas Register, Volume 47, Number …

(a) Any individualized skills and socialization provider staff who has reasonable cause to believe that an individual is in a state of abuse, neglect, or exploitation must report the abuse, neglect, or exploitation to the Texas Health and Human Services (HHSC) Complaint and Incid…

(a) A complaint is any allegation received by the Texas Health and Human Services Commission (HHSC) regarding abuse, neglect, or exploitation of an individual or a violation of state standards. (b) HHSC must give the individualized skills and socialization provider notification o…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. (1) Abuse-- Negligent or willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical or emo…

(a) For purposes of this section, "reportable conduct" includes: (1) abuse or neglect that causes or may cause death or harm to a client; (2) sexual abuse of a client; (3) financial exploitation of a client in the amount of $25 or more; or (4) emotional, verbal, or psychological …

HHSC may deny an application for an initial facility license, or refuse to renew a facility license, if the applicant for the facility license, the facility license holder, or a controlling person of the applicant or facility license holder is listed: (1) as unemployable on the E…

(a) This chapter implements Texas Health and Safety Code (THSC), Chapter 253, Employee Misconduct Registry (EMR), regarding investigating an allegation of abuse, neglect, or exploitation, and entering information in the EMR about a finding of reportable conduct by an unlicensed e…

The following words and terms in this chapter have the following meanings, unless the context clearly indicates otherwise: (1) Abuse--Is defined by the statute or rule that governs the investigation of alleged abuse of an individual using the CDS option or receiving facility or a…

(a) Before a facility, agency, or individual employer hires an employee, the facility, agency, individual employer, or a financial management services agency (FMSA), on behalf of the individual employer, must search the Employee Misconduct Registry (EMR) and Nurse Aide Registry (…

(a) The Texas Health and Human Services Commission (HHSC) investigates certain allegations of abuse, neglect, and exploitation made against an employee. (b) After commencing an investigation, if the preliminary results indicate an allegation of abuse, neglect, or exploitation by …

(a) When the preliminary results of the Texas Health and Human Services Commission's (HHSC) investigation indicate that an employee might have committed reportable conduct, HHSC sends the employee a written notice that includes: (1) a brief summary of the preliminary results of t…

(a) If an employee requests an informal review (IR) in accordance with § 561.5(b) of this chapter (relating to Preliminary Results of Investigation and Notice to Employee), the Texas Health and Human Services Commission (HHSC) sets an informal review (IR) date no later than 30 ca…

(a) After an investigation in which HHSC finds that reportable conduct occurred, HHSC provides the employee with written notice of its findings, which includes: (1) a summary of HHSC's Reportable Conduct finding; (2) a statement that the employee has the right to an administrativ…

(a) The Texas Health and Human Services Commission (HHSC) enters the information described in subsection (c) of this section in the Employee Misconduct Registry (EMR): (1) when HHSC investigates and all applicable due process procedures are completed for a substantiated finding o…

An employee's name remains in the Employee Misconduct Registry (EMR) unless: (1) After receiving a written request from the employee, the Texas Health and Human Services Commission (HHSC) determines that the employee does not meet the requirements for listing in the EMR based on …

(a) The program provider must ensure the continuous availability of trained and qualified service providers to deliver the required services, as determined by the individual's needs and characteristics. (b) The program provider must: (1) comply with 40 Texas Administrative Code (…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

The purposes of this chapter are: (1) to implement duties and responsibilities assigned to the committee under Texas Water Code, § 26.406, concerning the maintenance by member agencies of public files containing documented cases of groundwater contamination and the publication by…

When notice of groundwater contamination, as defined in § 601.3(7) of this title (relating to Definitions), is provided under Texas Water Code, § 26.408 to the owner of a private drinking water well that may be affected by the contamination and to each applicable groundwater cons…

This chapter specifically applies to each state agency or organization having membership on the committee. The committee is composed of: (1) the Texas Commission on Environmental Quality; (2) the Texas Department of State Health Services; (3) the Texas Department of Agriculture; …

The following words and terms, when used in this chapter, have the following meanings. (1) Act--House Bill 1458 (71st Legislature, 1989) codified, with amendments, as Texas Water Code, §§ 26.401 - 26.408. (2) Commission--Texas Commission on Environmental Quality. (3) Committee--T…