SECTION 550.409. Direct Care Staff Qualifications

(a) Direct care staff providing services on behalf of a center, must have the following qualifications:

(1) be 18 years of age or older;

(2) a high school diploma or a general equivalency degree;

(3) one of the following:

(A) one year of experience employed in a health care setting providing direct care to minors who are medically or technologically dependent;

(B) two years of experience employed in a health care, childcare, or school setting providing direct care to minors who are medically or technologically dependent;

(C) two years of experience employed in a health care setting providing direct care to adults; or

(D) sufficient skills to meet the competency and training requirements described in subsection (b) of this section; and

(4) maintain current certification in Pediatric Cardio Pulmonary Resuscitation and basic First Aid.

(b) The center must adopt and enforce written policy and procedures describing whether direct care staff who qualify to provide services under subsection (a)(3)(D) of this section. The policy must:

(1) require direct care staff who qualify under subsection (a)(3)(D) of this section to complete a training program regarding the provision of direct care to minors that:

(A) is determined appropriate by the nursing director;

(B) is conducted by an RN or LVN; and

(C) includes hands-on training;

(2) require, before providing services to a minor, direct care staff who qualify under subsection (a)(3)(D) of this section to demonstrate competency in the provision of direct care to minors as determined by an RN;

(3) describe procedures for increased supervision of direct care staff who qualify under subsection (a)(3)(D) of this section during the training program and the competency evaluation, and for six months after completion of the competency evaluation, to ensure the health and safety of minors; and

(4) prohibit direct care staff who qualify under subsection (a)(3)(D) of this section from being assigned to a minor or being included in the nursing services staffing ratio as described in §15.410 of this division (relating to Nursing Services Staffing Ratio) until the direct care staff completes the training program described in paragraph (1) of this subsection and demonstrates competency as described in paragraph (2) of this subsection.

(c) Direct care staff must meet the requirements in §15.415 of this division (relating to Staffing Policies for Staff Orientation, Development, and Training) and §15.416 of this division (relating to Staff Development Program).

Source Note: The provisions of this §550.409 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875