The text, verbatim
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§ 485.631(a) Standard: Staffing
Effective 1993-05-26
(1) The CAH has a professional health care staff that includes one or more doctors of medicine or osteopathy, and may include one or more physician assistants, nurse practitioners, or clinical nurse specialists. (2) Any ancillary personnel are supervised by the professional staff. (3) The staff is sufficient to provide the services essential to the operation of the CAH. (4) A doctor of medicine or osteopathy, nurse practitioner, clinical nurse specialist, or physician assistant is available to furnish patient care services at all times the CAH operates. (5) A registered nurse, clinical nurse specialist, or licensed practical nurse is on duty whenever the CAH has one or more inpatients.
Official text
Paragraphs (a)(4) and (a)(5) are the two operative coverage requirements. They run on different clocks and use different verbs — see the separate entries below.
§ 485.631(a)(4) Practitioner availability — at all times the CAH operates
Effective 1993-05-26Trigger: At all times the CAH operates
A doctor of medicine or osteopathy, nurse practitioner, clinical nurse specialist, or physician assistant is available to furnish patient care services at all times the CAH operates.
Official text
The trigger is OPERATING, not having an inpatient. This requirement therefore applies during outpatient-only hours as well. The verb is "available to furnish", not "on duty" — the statute does not say the person must be physically present, and it does not say remote availability is sufficient either. That question is left to you and CMS.
§ 485.631(a)(5) Nurse on duty — whenever the CAH has one or more inpatients
Effective 1993-05-26Trigger: Whenever the CAH has one or more inpatients
A registered nurse, clinical nurse specialist, or licensed practical nurse is on duty whenever the CAH has one or more inpatients.
Official text
The trigger is the PRESENCE OF AN INPATIENT, not the facility being open. The verb is "is on duty". Note that the clinical nurse specialist appears in both (a)(4) and (a)(5); a physician assistant and a nurse practitioner appear in (a)(4) but NOT in (a)(5).
§ 485.631(b)(2) Doctor of medicine or osteopathy — availability by communication
Effective 1993-05-26
A doctor of medicine or osteopathy is present for sufficient periods of time to provide medical direction, consultation, and supervision for the services provided in the CAH, and is available through direct radio or telephone communication or electronic communication for consultation, assistance with medical emergencies, or patient referral.
Official text
Shown because it is the only place in this section where the regulation expressly contemplates availability by radio, telephone or electronic communication. It is a separate standard from (a)(4) and does not by its terms define what "available" means in (a)(4).
Related authority
42 CFR § 485.635 — Condition of participation: Provision of services
Verbatim text not stored in this build. Checked for any additional nursing-coverage requirement. Subpart F was read in full: no on-duty nursing requirement appears in § 485.635 or elsewhere in Subpart F outside § 485.631(a)(5). Verbatim text of § 485.635 NOT stored in this build — do not display a quote for it.
Official source
Last verified 2026-09-17
Tex. Occ. Code ch. 301 — Nursing Practice Act — vocational nurse licensure
Verbatim text not stored in this build. Texas licenses 'vocational nurses' (LVN). § 485.631(a)(5) says 'licensed practical nurse'. This build does NOT assert that the two are equivalent — that mapping is a question for CMS and HHSC. Verbatim text NOT stored in this build — do not display a quote for it.
Official source
Last verified 2026-09-17