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§411.490: Staff Member Training

(a) Training of staff members. A hospital shall provide training to a staff member in accordance with the following:

(1) All staff members shall receive training in:

(A) identifying, preventing, and reporting abuse and neglect of patients and unprofessional or unethical conduct in the hospital in accordance with the memorandum of understanding set forth in 40 TAC §148.205 (relating to Training Requirements Relating to Abuse, Neglect and Unprofessional or Unethical Conduct);

(B) dignity and rights of a patient in accordance with Chapter 404, Subchapter E of this title (relating to Rights of Persons Receiving Mental Health Services); and

(C) confidentiality of a patient's information in accordance with Texas Health and Safety Code, Chapter 611 or Chapter 241, Subchapter G, as applicable, 42 CFR Part 2, and 45 CFR Parts 160 and 164.

(2) An RN, LVN, and UAP shall receive training in:

(A) monitoring for patient safety in accordance with §411.477 of this title (relating to Protection of a Patient);

(B) infection control in accordance with §134.41(d) of this title (relating to Facility Functions and Services); and

(C) the hospital's mandatory overtime policy required by §411.473(k) of this title (relating to Nursing Services).

(3) An RN and an LVN shall receive training in the process for reporting concerns regarding the adequacy of the staffing plan as described in §411.473(h) of this title (relating to Nursing Services).

(4) A staff member routinely providing treatment to, working with, or providing consultation about a patient who is younger than 18 years of age shall receive training in the aspects of growth and development (including physical, emotional, cognitive, educational and social) and the treatment needs of patients in the following age groups:

(A) early childhood (1-5 years of age);

(B) late childhood (6-13 years of age); and

(C) adolescent (14-17 years of age).

(5) A staff member routinely providing treatment to, working with, or providing consultation about a patient diagnosed with COPSD shall receive training in substance use disorders.

(6) A staff member routinely providing treatment to, working with, or providing consultation about a geriatric patient shall receive training in the social, psychological and physiological changes associated with aging.

(7) In accordance with Texas Health and Safety Code, §572.0025(e), a PASP shall receive at least eight hours of pre-admission screening and intake training as described in subsection (c) of this section.

(8) In accordance with Texas Health and Safety Code, §572.0025(e), a staff member whose responsibilities include conducting the hospital's intake process for a patient shall receive at least eight hours of pre-admission screening and intake training as described in subsection (c) of this section.

(9) A staff member who may initiate an involuntary intervention shall receive training in and demonstrate competency in performing such interventions in accordance with Chapter 415, Subchapter F of this title (relating to Interventions in Mental Health Programs).

(b) A staff member providing direct patient care shall maintain certification in a course, developed by the American Heart Association or the American Red Cross, in recognizing and caring for breathing and cardiac emergencies. The course shall teach the following skills appropriate to the age of the hospital's patients:

(1) rescue breathing with and without devices;

(2) airway obstruction;

(3) cardiopulmonary resuscitation; and

(4) use of an automated external defibrillator.

(c) Pre-admission screening and intake training. The pre-admission screening and intake training required by subsections (a)(7) and (8) of this section shall provide instruction to staff members regarding:

(1) assessing, interviewing, and diagnosing an individual with a mental illness and an individual diagnosed with COPSD;

(2) obtaining relevant information about the patient, including information about finances, insurance benefits and advance directives;

(3) explaining, orally and in writing, the patient's rights described in Chapter 404, Subchapter E of this title (relating to Rights of Persons Receiving Mental Health Services);

(4) explaining, orally and in writing, the hospital's services and treatment as they relate to the patient;

(5) informing the patient in writing of the existence, telephone number and address of the protection and advocacy system established in Texas, which is Advocacy, Inc.; and

(6) determining whether the patient comprehends the information provided in accordance with paragraphs (3)-(5) of this subsection.

(d) Frequency of training. A hospital shall provide the training described in subsection (a) of this section, periodically, as follows:

(1) A staff member shall receive the training required by subsection (a)(1)(A) of this section at the intervals described in the memorandum of understanding set forth in 40 TAC §148.205 (relating to Training Requirements Relating to Abuse, Neglect and Unprofessional or Unethical Conduct).

(2) A staff member shall receive the training required by subsection (a)(1)(B) of this section:

(A) before assuming responsibilities at the hospital; and

(B) annually throughout the staff member's employment or association with the hospital;

(3) A staff member shall receive the training required by subsections (a)(1)(C) and (a)(2)-(6) of this section:

(A) before assuming responsibilities at the hospital; and

(B) at reasonable intervals throughout the staff member's employment or association with the hospital.

(4) A staff member shall have the certification required by subsection (b) of this section:

(A) before assuming responsibilities at the hospital; or

(B) not later than 30 days after the staff member is hired by the hospital if another staff member who has such certification is physically present and on-duty on the same unit on which the uncertified staff member is on-duty.

(5) A PASP shall receive the training required by subsection (a)(7) of this section:

(A) prior to the PASP conducting a pre-admission screening; and

(B) annually throughout the PASP's employment or association with the hospital.

(6) A staff member shall receive the training required by subsection (a)(8) of this section:

(A) prior to conducting the intake process; and

(B) annually throughout the staff member's employment or association with the hospital.

(7) A staff member shall receive the training required by subsection (a)(9) of this section at the intervals described in Chapter 415, Subchapter F of this title (relating to Interventions in Mental Health Programs).

(e) Documentation of training.

(1) A hospital shall document that a staff member has successfully completed the training described in subsection (a) of this section including:

(A) the date of the training;

(B) the length of the training session; and

(C) the name of the instructor.

(2) A hospital shall maintain certification or other evidence issued by the American Heart Association or the American Red Cross that a staff member has successfully completed the training described in subsection (b) of this section.

(f) Performance in accordance with training. A staff member shall perform his or her responsibilities in accordance with the training and certification required by this section.

Comments

Source Note: The provisions of this §411.490 adopted to be effective January 1, 2004, 28 TexReg 11294