Section 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.(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;(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.Tex. Hum. Res. Code § 22.039
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 1102,Sec. 1, eff. 9/1/2017.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 4.036, eff. 4/2/2015.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 4.035, eff. 4/2/2015.Amended By Acts 2011, 82nd Leg., R.S., Ch. 879, Sec. 5.01, eff. 9/1/2011.Amended By Acts 2011, 82nd Leg., R.S., Ch. 980, Sec. 27, eff. 9/1/2011.Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.01, eff. 6/15/2001. Renumbered from Human Resources Code, Sec. 22.037, by Acts 2003, 78th Leg., ch. 1275, Sec. 2(96), eff. 9/1/2003.