(a) The facility must maintain a Quality Assessment and Assurance Committee consisting of:
  (1) the director of nursing services;
  (2) the medical director or designee;
  (3) at least three other members of the facility's staff, at least one of whom must be the administrator, a board member or other individual in a leadership role; and
  (4) effective November 28, 2019, the infection preventionist.
(b) The Quality Assessment and Assurance Committee reports to the facility's governing body regarding its activities. The committee must:
  (1) meet at least quarterly to identify issues with respect to which quality assessment and assurance activities are necessary;
  (2) develop and implement appropriate plans of action to correct identified quality deficiencies; and
  (3) regularly review and analyze data, including data resulting from drug regimen reviews, and act on available data to make improvements.
(c) The State of Texas or the Secretary of Health and Human Services may not require disclosure of the records of the Quality Assessment and Assurance Committee except insofar as such disclosure is related to the compliance of the committee with the requirements of subsection (b) of this section.
(d) Good faith attempts by the committee to identify and correct quality deficiencies may not be used as a basis for sanctions.
(e) The Quality Assessment and Assurance Committee must adopt and ensure implementation of a written policy to identify, assess, and develop strategies to control risk of injury to residents and nurses associated with the lifting, transferring, repositioning, or moving of a resident. The policy must establish a process that includes:
  (1) analysis of the risk of injury to both residents and nurses posed by the resident handling needs of the resident populations served by the nursing facility and the physical environment in which resident handling and moving occurs;
  (2) annual in-service education of nurses in the identification, assessment, and control of risk of injury to residents and nurses during resident handling;
  (3) evaluation of alternative ways to reduce risks associated with resident handling, including evaluation of equipment and the environment;
  (4) restriction, to the extent feasible with existing equipment and aids, of manual resident handling or moving of all or most of a resident's weight to emergency, life-threatening, or otherwise exceptional circumstances;
  (5) collaboration with and an annual report to the nurse staffing committee;
  (6) specific procedures for nurses to refuse to perform or be involved in resident handling or moving that the nurse believes in good faith will expose a resident or a nurse to an unacceptable risk of injury;
  (7) submission of an annual report by the nursing staff to the Quality Assessment and Assurance Committee on activities related to the identification, assessment, and development of strategies to control risk of injury to residents and nurses associated with the lifting, transferring, repositioning, or moving of a resident; and
  (8) in developing architectural plans for constructing or remodeling a nursing facility or a unit of a nursing facility in which resident handling and moving occurs, consideration of the feasibility of incorporating resident handling equipment or the physical space and construction design needed to incorporate that equipment at a later date.

Source Note: The provisions of this §554.1917 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective June 1, 2006, 31 TexReg 4458; amended to be effective March 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871