26 TAC §558.404 - Standards Specific to Agencies Licensed to Provide Personal Assistance Services

What this rule requires your agency to do

• 1The client file must include an individualized service plan developed, agreed upon, and signed by the client or family and the agency, specifying types/locations/frequency/duration of services, planned initiation date, charges, and a plan of supervision, plus documentation that services were provided per the ISP (§558.404(f)).(26 TAC §558.404 - Standards Specific to Agencies Licensed to Provide Personal Assistance Services)
• 2A supervisor must be a licensed nurse or have completed two years of full-time study at an accredited college/university; a person with a high school diploma or GED may substitute one year of full-time supervisory employment in a health care/community-based agency for each required year of college (§558.404(g)(2)).(26 TAC §558.404 - Standards Specific to Agencies Licensed to Provide Personal Assistance Services)
• 3The agency must adopt and enforce a written policy addressing supervision of personnel, with input from the client or family on frequency of supervision, in accordance with agency policy and 22 TAC Ch. 225 (§558.404(g)(1)).(26 TAC §558.404 - Standards Specific to Agencies Licensed to Provide Personal Assistance Services)
• 4A person who is not licensed to provide personal assistance services under this chapter may not indicate or imply licensure by using the words "personal assistance services" or in any other manner (§558.404(b)).(26 TAC §558.404 - Standards Specific to Agencies Licensed to Provide Personal Assistance Services)
• 5Health-related tasks performed under the PAS category must be limited to personal care, RN-delegated tasks or tasks an RN determines do not require delegation under 22 TAC Ch. 225, tasks that are not the practice of professional nursing under the HHSC/BON memorandum of understanding, and physician-delegated tasks under Occupations Code Ch. 157 (§558.404(d)).(26 TAC §558.404 - Standards Specific to Agencies Licensed to Provide Personal Assistance Services)
• 6Tube feedings and medication administration through a permanently placed g-tube may be performed by an unlicensed person only after successful completion of the training and competency program taught by an RN, physician, PA, or qualified trainer (§558.404(h)(1)).(26 TAC §558.404 - Standards Specific to Agencies Licensed to Provide Personal Assistance Services)
• 7Personal assistance services may be performed by an unlicensed person who is at least 18 years of age and has demonstrated competency (when competency cannot be determined through education and experience) to perform tasks assigned by the supervisor; an unlicensed person under 18 must be a high school graduate or enrolled in a vocational education program and have demonstrated competency (§558.404(c)).(26 TAC §558.404 - Standards Specific to Agencies Licensed to Provide Personal Assistance Services)
• 8The g-tube competency evaluation must be documented and include a score of 100 percent on a written multiple-choice test and a completed skills checklist demonstrating successful performance of the task (§558.404(h)(3)).(26 TAC §558.404 - Standards Specific to Agencies Licensed to Provide Personal Assistance Services)