Texas Human Resources Code 22.039 – Training and Continuing Education Related to Certain Long-Term Care Facilities
(a) In this section:
(1) “Long-term care facility” means a nursing institution, an assisted living facility, or an intermediate care facility licensed under Chapter 242, 247, or 252, Health and Safety Code.
(2) “Provider” means an employee or agent of a long-term care facility.
(3) “Surveyor” means an employee or agent of the department or another state agency responsible for licensing, inspecting, surveying, or investigating a long-term care facility in relation to:
(A) licensing under Chapter 242, 247, or 252, Health and Safety Code; or
(B) certification for participation in the medical assistance program in accordance with Chapter 32.
(b) The department shall require a surveyor to complete a basic training program before the surveyor inspects, surveys, or investigates a long-term care facility.
Terms Used In Texas Human Resources Code 22.039
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(b-1) The training required under Subsection (b) must include observation of the operations of a long-term care facility unrelated to the survey, inspection, or investigation process for a minimum of 10 working days within a 14-day period.
(b-2) The department may waive the requirement imposed under Subsection (b-1) for a surveyor who has completed in the two years preceding the inspection, survey, or investigation one year of full-time employment in a nursing facility in this state as a:
(1) nursing facility administrator;
(2) licensed vocational nurse;
(3) registered nurse; or
(4) social worker.
(c) The department shall semiannually provide training for surveyors and providers on subjects that address the 10 most common violations by long-term care facilities of federal or state law. The department may charge providers a fee not to exceed $50 per person for the training.
(d) Except as provided by Subsection (e), a surveyor who is a health care professional licensed under the laws of this state must receive a minimum of 50 percent of the professional’s required continuing education credits, if any, in gerontology or care for individuals with cognitive or physical disabilities, as appropriate.
(e) A surveyor who is a pharmacist must receive a minimum of 30 percent of the pharmacist’s required continuing education credits in gerontology or care for individuals with cognitive or physical disabilities, as appropriate.