Section 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).26 Tex. Admin. Code § 506.31
The provisions of this §506.31 adopted to be effective July 25, 2004, 29 TexReg 6911; Chapter Transferred from Title 25, Part 1, Chapter 125 by Texas Register, Volume 44, Number 20, May 17, 2019, TexReg 2467, eff. 6/1/2019