This was posted on March 21, 2022.
“New 40 TAC §90.50, regarding emergency preparedness and response, requires an ICF/MR,
whether licensed or exempt from licensure, to develop an emergency preparedness and response
plan that addresses the core functions of emergency management. This rule requires an ICF/MR to
designate an emergency preparedness coordinator, a facility staff person who has the authority to
manage the facility’s response to an emergency situation in accordance with the plan. New 40
TAC §90.50 also addresses administrative procedures, training of staff and reporting of fires.
New 40 TAC §90.74, regarding safety operations, clarifies that inspection, testing and
maintenance requirements for fire alarm and sprinkler systems must be in accordance with
National Fire Protection Association standards. It also prohibits smoking in certain areas, requires
“No Smoking” signs in those areas, requires a specific type of ashtray and container into which
ashtrays can be emptied in all areas where smoking is permitted, and clarifies that an ICF/MR must
inform residents, staff, visitors and others about its smoking policies. “