Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 506 - SPECIAL CARE FACILITIES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 506.31 - General Functions

Current through Reg. 49, No. 28; July 12, 2024
(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.