An agency that provides skilled nursing psychoactive treatments must comply with the requirements of this section.

1. (1) An agency must adopt and enforce a written policy relating to the provision of psychoactive treatments consistent with this section.
2. (2) Skilled nursing psychoactive treatments must be under the direction of a physician. Psychoactive treatments may only be provided by a physician or a registered nurse.

3. (3) A registered nurse providing skilled nursing psychoactive treatments must have one of the following qualifications:

   1. (A) a master's degree in psychiatric or mental health nursing;
   2. (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;
   3. (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
   4. (D) for a registered nurse for Medicare certified agencies, as allowed by the fiscal intermediary for Texas contracting with the United States Department of Health and Human Services (USDHHS) Centers for Medicare & Medicaid Services (CMS).
4. (4) An agency must have written documentation that a registered nurse providing skilled nursing psychoactive treatments is qualified under paragraph (3) of this subsection.

5. (5) The initial health assessment of a client receiving skilled nursing psychoactive treatments must include:

   1. (A) mental status including psychological and behavioral status;
   2. (B) sensory and motor function;
   3. (C) cranial nerve function;
   4. (D) language function; and
   5. (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.