26 Tex. Admin. Code § 506.31 - General Functions
(a) Administration
and staffing.
(1) Legal responsibility. There
shall be an individual or individuals that assume(s) full legal responsibility
for the overall conduct of the facility and are responsible for compliance with
all applicable laws and rules of the department.
(2) Facility director.
(A) The facility director, who is to be
accountable for the overall management of the facility, shall be named in
writing.
(B) The director's
responsibilities shall be defined in writing.
(C) If the facility can be successfully
managed with less than the director's full-time management, the director may be
less than full-time. In such instances, the director shall assign another
responsible individual who can perform management tasks so that there is
administrative management essentially for the usual and customary
40-hours-per-week business operations.
(D) There shall be a competent individual
authorized to be in charge of the facility when the director is
absent.
(E) The director shall be
at least 18 years of age and shall be qualified by education or training to
perform the duties required to manage the facility.
(F) The director shall be responsible for
coordinating the provision of all services.
(3) Personnel requirements.
(A) The facility shall have written personnel
policies and procedures for paid staff and volunteer staff which include at a
minimum:
(i) written position descriptions
that include responsibilities for all positions in the facility;
(ii) qualifications for employment for all
positions in the facility; and
(iii) the process for filling a position,
evaluating performance and termination.
(B) The facility shall maintain personnel
records which contain sufficient information to support appropriate placement
of an individual in a position. The file shall include a copy of the
individual's current license or certification, if applicable, or other evidence
that license or certification status was verified.
(C) The facility shall be staffed at all
times with sufficient qualified personnel to meet the needs of residents and
maintain a clean and safe environment. A minimum of one staff person shall be
on duty at all times. A qualified staff person will be designated as in charge
on each shift.
(4)
Contracted services. If a facility does not employ a person qualified to
provide a required or needed service, it shall have a contract with an outside
resource to provide the service directly to residents or to act as a consultant
to the facility. The facility maintains responsibility for ensuring that
contract staff is qualified to perform the services to be provided and that
they are appropriately supervised.
(5) Volunteer services. Volunteer staff may
be placed in any position for which they are qualified. Requirements in
paragraph (6) of this subsection shall apply to all volunteer staff.
(6) Staff development and training.
(A) All staff shall receive orientation
training prior to being allowed to work with residents. Orientation shall
include information pertaining to the facility's mission and philosophy,
position specific responsibilities and all operational policies and
procedures.
(B) All staff must
participate in periodic staff development training designed to update their
knowledge and skills in providing care to residents. Training will also include
a review of operational policies and procedures.
(C) The facility shall maintain documentation
which verifies each staff person's participation in the orientation training
program and staff development training.
(b) Policies and procedures. The facility
shall adopt, implement and enforce written policies and procedures detailing
the operations of the facility. The policies shall be reviewed and updated
annually. In addition to describing the operations of the facility and the
manner in which care and services will be provided, the policies and procedures
shall include:
(1) Resident admission.
(A) Admission policies shall include
qualifications and criteria for admission based on the mission and philosophy
of the facility.
(B) Policies may
include restriction of admission and retention of individuals with regard to
illegal drug use, alcohol abuse, or actions that pose a threat to the health
and safety of other residents or staff.
(C) Policies shall require a written
admission agreement between the resident and the facility that addresses the
care and services to be provided and the method of payment for
services.
(D) The facility policy
shall require that a chronological register of all residents admitted to and
discharged from the facility be maintained. The register shall contain at least
the name of the resident, date of birth, date of admission, date of discharge
or death, and disposition.
(2) Infection control and universal
precautions. There shall be written policies and procedures providing for a
safe and sanitary environment, and the control of communicable diseases and
infections in staff, residents, and visitors. The policy shall also provide for
monitoring compliance of the facility and its staff with universal precautions
in accordance with the Health and Safety Code (HSC), Chapter 85, Subchapter I,
(relating to the Prevention of Transmission of Human Immunodeficiency Virus and
Hepatitis B Virus by Infected Health Care Workers).
(3) Determination of death. If applicable,
there shall be a written policy with protocols to be used in determining death
that complies with HSC, Title 8, Subtitle A, Chapter 671, Subchapter A
(relating to Determination of Death).
(4) Special waste. The facility shall comply
with the requirements set forth by the department in § 1.131-1.137 of
Title 40 (relating to Definition, Treatment, and Disposition of Special Waste
from Health Care Related Facilities), and the Texas Commission on Environmental
Quality requirements in Title 30, Texas Administrative Code, Subchapter Y,
§ 330.1004 (relating to Generators of Medical Waste).
(5) Confidentiality of records. There shall
be a written policy that addresses the confidentiality of resident
information.
(6) Advance
directives. There shall be policies and procedures regarding the use of advance
directives in the facility. These policies and procedures shall be in
accordance with the Advance Directives Act, HSC, Chapter 166. Violations of
§ 166.004 may result in the assessment of administrative penalties, in
accordance with HSC, § 248.0545 (relating to Violation of Law Relating to
Advance Directives).
Notes
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