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26 TAC 558.244 — Administrator Qualifications and Conditions and Supervising Nurse Qualifications

TexasregulationTexas Health and Human Services Commission· effective 2021-04-25

What this rule requires your agency to do

  • 1For a PAS-only agency, the administrator and alternate must have a high school diploma/GED with at least one year of experience/training caring for individuals with functional disabilities, or two years of college study in a health-related field, or meet the (a)(1) qualifications (subsec. (a)(3)).(26 TAC 558.244 — Administrator Qualifications and Conditions and Supervising Nurse Qualifications)
  • 2Administrators/alternates first designated on or after December 1, 2006 must meet the §558.259 initial educational training requirements; those designated before that date must meet the §558.260 continuing education requirements (subsec. (b)(2)-(3)).(26 TAC 558.244 — Administrator Qualifications and Conditions and Supervising Nurse Qualifications)
  • 3A person is ineligible to be administrator/alternate of any agency for 12 months if they were administrator of an agency against which HHSC took enforcement action (revocation, suspension, emergency suspension, license-application denial, or injunction) while they were administrator (subsec. (b)(4)).(26 TAC 558.244 — Administrator Qualifications and Conditions and Supervising Nurse Qualifications)
  • 4An administrator and alternate must be able to read, write, and comprehend English (subsec. (b)(1)).(26 TAC 558.244 — Administrator Qualifications and Conditions and Supervising Nurse Qualifications)
  • 5An administrator and alternate must not be convicted of an offense described in Chapter 560 (Denial or Refusal of License) during the applicable time frames (subsec. (b)(5)).(26 TAC 558.244 — Administrator Qualifications and Conditions and Supervising Nurse Qualifications)
  • 6A supervising nurse and alternate must be a Texas-licensed (or NLC) RN with at least one year of RN experience within the last 36 months (or the enhanced dialysis-specific experience/certification for home-dialysis-designated agencies) (subsec. (c)).(26 TAC 558.244 — Administrator Qualifications and Conditions and Supervising Nurse Qualifications)
  • 7For a hospice HCSSA, the administrator and alternate must also be a hospice employee and meet any additional education/experience required by the governing body's job description (subsec. (a)(2)).(26 TAC 558.244 — Administrator Qualifications and Conditions and Supervising Nurse Qualifications)
  • 8For a home health or hospice HCSSA, the administrator and alternate administrator must be a licensed physician, RN, licensed social worker, licensed therapist, or licensed nursing home administrator with at least one year of health-related management/supervisory experience, OR hold a high school diploma/GED with at least two years of such experience (subsec. (a)(1)).(26 TAC 558.244 — Administrator Qualifications and Conditions and Supervising Nurse Qualifications)

Applies to: personal care

Sets the education/experience qualifications for HCSSA administrators and alternate administrators (by license category, including a distinct PAS-only tier), the conditions they must meet (English literacy, training, enforcement-history and criminal-conviction bars), and the RN qualifications for supervising nurses and alternates. Framework topic: Personnel Qualifications & Credentialing. Includes a background-check/criminal-history eligibility bar.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.