PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 926. TRAINING FOR FACILITY STAFF
The Texas Health and Human Services Commission (HHSC) adopts new §926.1, concerning Application; §926.2, concerning Definitions; §926.3, concerning Training for New Employees; §926.4, concerning Additional Training for Employees who Provide Direct Care to Individuals; §926.5, concerning State Hospital Refresher Training; and §926.6, concerning State Supported Living Center (SSLC) Refresher Training.
Sections 926.1 - 926.6 are adopted without changes to the proposed text as published in the December 8, 2023, issue of the Texas Register (48 TexReg 7127). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The new sections reflect the move of the state hospitals from the Department of State Health Services and the SSLCs from the Department of Aging and Disability Services to HHSC. In this rulemaking, HHSC moved certain state hospital rules from Title 25 of the Texas Administrative Code (TAC), Chapter 417, Subchapter A and SSLC rules from 40 TAC Chapter 3, Subchapter D, Training, to 26 TAC and consolidated state hospital and SSLC rules under 26 TAC Chapter 926. The rules update agency information, provide uniform training topics and timeframes, and remove text regarding expedited training due to the COVID-19 disaster declaration. The repeal of certain rules from 25 TAC Chapter 417, Subchapter A and 40 TAC Chapter 3, Subchapter D is adopted simultaneously elsewhere in this issue of the Texas Register.
COMMENTS
The 31-day comment period ended January 8, 2024.
During this period, HHSC received comments regarding the proposed rules from Disability Rights Texas (DRTx). A summary of comments relating to the rules and HHSC's responses follows.
Comment: DRTx supports the requirement that the training be competency-based.
Response: HHSC appreciates the comment. No changes are necessary in response to this comment.
Comment: DRTx recommends HHSC modify the rules to allow for staff to test out of refresher training if staff are following the training materials.
Response: HHSC declines to make this amendment. Texas Health and Safety Code Section 552.052(e) requires refresher training for state hospital employees at least annually, unless there is good reason for a particular employee to be allowed an exception. Section 555.024(d) requires refresher training for SSLC direct care employees on a regular basis, without exception.
STATUTORY AUTHORITY
The new sections are adopted under Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §552.052, which requires HHSC to provide certain training to State Hospital employees, and for the Executive Commissioner to adopt rules regarding refresher trainings for employees, and Health and Safety Code §555.024, which requires HHSC to provide certain training to SSLC employees, and for the Executive Commissioner to adopt rules regarding refresher trainings for employees.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 29, 2024.
TRD-202400913
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: March 20, 2024
Proposal publication date: December 8, 2023
For further information, please call: (512) 438-3049