An agency that provides skilled nursing psychoactive treatments must comply with the requirements of this section.
  (1) An agency must adopt and enforce a written policy relating to the provision of psychoactive treatments consistent with this section.
  (2) Skilled nursing psychoactive treatments must be under the direction of a physician. Psychoactive treatments may only be provided by a physician or an RN.
  (3) An RN providing skilled nursing psychoactive treatments must have one of the following qualifications:
    (A) a master's degree in psychiatric or mental health nursing;
    (B) a bachelor's degree in nursing with one year of full-time experience in an active treatment unit in a mental health facility or outpatient clinic;
    (C) a diploma or associate degree with two years of full-time experience in an active treatment unit in a mental health facility or outpatient clinic; or
    (D) for an RN for Medicare certified agencies, as allowed by the fiscal intermediary for Texas contracting with the United States Department of Health and Human Services (USDHHS) CMS.
  (4) An agency must have written documentation that an RN providing skilled nursing psychoactive treatments is qualified under paragraph (3) of this section.
  (5) The initial health assessment of a client receiving skilled nursing psychoactive treatments must include:
    (A) mental status including psychological and behavioral status;
    (B) sensory and motor function;
    (C) cranial nerve function;
    (D) language function; and
    (E) any other criteria established by an agency's policy.

Source Note: The provisions of this §558.406 adopted to be effective February 1, 2002, 26 TexReg 9159; transferred effective May 1, 2019, as published in the April 12, 2019 issue of the Texas Register, 44 TexReg 1893; amended to be effective April 25, 2021, 46 TexReg 2427