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The regulations require a pre-survey conference as a part of the application process for the initial home care agency licensure. 40 TAC chapter. 97.13 requires an administrator, alternate administrator, supervising nurse and alternate supervising nurse for agencies wishing to provide licensed home health, licensed and certified home health and hospice to attend a pre-survey conference in order to obtain a home health license.

Presurvey Conference is now online on the DADS website.
Initial Education requirements for a new administrator

The initial education requirements for first time administrators and alternate administrators are located at 40 TAC Ch. 97.259 (b) – (g). The regulations require 24 hours of initial education to be completed within the first year of designation to the position [97.259(b)]. Eight of the 24 hours must be completed prior to designation to the administrator or alternate administrator position [97.259(c)]. The following subject areas must be covered as part of the initial 8 hours:

  • Information on the licensing standards for an agency
  • Health and Safety Code, Chapter 142, Home and Community Support Services
  • Chapter 250, Nurse Aide Registry and Criminal History Checks of Employees and Applicants for Employment in Certain Facilities Serving the Elderly or Persons with Disabilities
  • Human Resources Code, Chapter 102, Rights of the Elderly;
  • Americans with Disabilities Act;
  • Civil Rights Act of 1991;
  • Rehabilitation Act of 1993;
  • Family and Medical Leave Act of 1993; and
  • Occupational Safety and Health Administration requirements
Must be completed:

the remaining 16 hours of education within the first designation year consisting specifically of the following subjects [97.259 (e):

  • Information regarding fraud and abuse detection and prevention;
  • Legal issues regarding advance directives;
  • Client rights, including the right to confidentiality;
  • Agency responsibilities;
  • Complaint investigation and resolution;
  • Disaster preparedness planning;
  • Abuse, neglect and exploitation;
  • Infection control;
  • Nutrition (for agencies licensed to provide inpatient hospice services); and
  • The Outcome and Assessment Information Set (OASIS) (for agencies licensed to provide licensed and certified home health services).
Proof of Education:

All administrators and alternates must keep documentation of their initial education in accordance with the rule at 97.259 (g). The rule requires that the documentation is kept on file at the agency. and contain the name of the class, the curriculum, the hours and dates of the training, and the name and contact information of the entity who/which provided the training.

Administrator requirements assigned prior to December, 1 2006

Administrators and alternate administrators must obtain 12 hours of continuing education per designation year. Within the 12 hours of education obtained, at least two subjects listed in 97.259(h) must be included. This does not mean that the entire 12 hours must include the two chosen topics, it means that it is part of the overall 12 hours of continuing education obtained. This continuing education requirement must include at least two of the following topics:

  • Any one of the educational training subjects listed in subsection (e) of this section;
  • Development and interpretation of agency policies;
  • Basic principles of management in a licensed health-related setting;
  • Ethics;
  • Quality improvement;
  • Risk assessment and management;
  • Financial management;
  • Skills for working with clients, families and other professional service providers;
  • Community resources; or
  • Marketing.
Experienced administrators prior to December 1, 2006

Those individuals who have experience as an administrator or alternate administrator before December 1, 2006 but have not served in an administrator or alternate administrator capacity for six months or more, must complete twelve clock hours of continuing education within 12 months after designation. At least eight clock hours of the continuing education must include the topics listed in subsection 97.259 (c) .

Website for Presurvey conference :   www.dads.state.tx.us/providers/training/psc.cfm

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