The facility must employ sufficient staff with the
appropriate competencies and skill sets to carry out the functions of the food
and nutrition services, taking into consideration resident assessments,
individual plans of care, and the number, acuity, and diagnoses of the
facility's resident population in accordance with the facility assessment
required at §
554.1931 of this chapter (relating
to Facility Assessment). This includes:
(1) a qualified dietitian, either full-time,
part-time, or on a consultant basis. A qualified dietitian:
(A) holds a bachelors' or higher degree
granted by a regionally accredited college or university in the United States,
or an equivalent foreign degree, with completion of the academic requirements
of a program in nutrition or dietetics accredited by an appropriate national
accreditation organization recognized for this purpose;
(B) has completed at least 900 hours of
supervised dietetics practice under the supervision of a registered dietitian
or nutrition professional; and
(C)
is licensed as a dietitian by the state of Texas;
(2) a dietitian hired or contracted with
before November 28, 2016, that does not meet the requirements in paragraph
(1)(A) - (C) of this section must:
(A) be
either:
(i) registered by the Commission on
Dietetic Registration or;
(ii)
licensed, or provisionally licensed, by the Texas Department of Licensing and
Regulation with at least one year of supervisory experience in dietetic service
of a health care facility; and
(B) meet the requirements in paragraph (1)(A)
- (C) of this section by November 28, 2021;
(3) if a qualified dietitian is not employed
full-time, the facility must designate a person to serve as the director of
food and nutrition services who receives frequent scheduled consultations from
a qualified dietitian and who:
(A) is a
certified dietary manager;
(B) is a
certified food service manager;
(C)
has similar national certification for food service management and safety from
a national certifying body; or
(D)
has an associate's or higher degree in food service management or in
hospitality, if the course study includes food service or restaurant
management, from an accredited institution of higher learning;
(4) a director of food and
nutrition services who is not a qualified dietitian and does not meet the
requirements in paragraph (3)(A) - (D) of this section, and who was designated
before November 28, 2016, must:
(A) be at
least:
(i) an associate-in-arts graduate in
nutrition and food service management;
(ii) a graduate of a dietetic technician or
dietetic assistant training program approved by the Academy of Nutrition and
Dietetics or the Association of Nutrition & Foodservice
Professionals;
(iii) a person who
has completed a state-agency-approved 90-hour course in food service
supervision; or
(iv) a person who
has training and experience in food service supervision and management in a
military service equivalent in content to the programs in paragraph (3) of this
section or clauses (i) - (iii) of this subparagraph and has had the person's
training credentials evaluated and approved by the nutrition program specialist
of the HHSC Regulatory Services Division; and
(B) meet one of the requirements in paragraph
(3)(A) - (D) of this subsection by November 28, 2021.
(5) Support staff. The facility must provide
sufficient support personnel to carry out the functions of the food and
nutrition service.
Notes
26
Tex. Admin. Code §
554.1102
The provisions of
this §19.1102 adopted to be effective May 1, 1995, 20 TexReg 2393; Amended
by
Texas
Register, Volume 45, Number 12, March 20, 2020, TexReg
2049, eff.
3/24/2020; Entire
chapter transferred from Title 40, Pt. 1, Ch. 19 by
Texas
Register, Volume 45, Number 50, December 11, 2020, TexReg
8871, eff.
1/15/2021