F0801 F801: Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the food and nutrition service, including a qualified dietician.
E

Failure to Maintain Competent Dietary Staff and Required Food Handler Certification

Avir At New BraunfelsNew Braunfels, Texas Survey Completed on 12-31-2025

Summary

The facility failed to employ sufficient staff with the appropriate competencies and skill sets to carry out the functions of the food and nutrition service, as evidenced by a lack of regular in-service training for all kitchen staff reviewed. Interviews revealed that instead of formal training, staff received group text reminders regarding procedures such as food temperature logging, food labeling, and sanitation, with no documentation of the frequency or content of these reminders. The Registered Dietitian Nutritionist (RDN) expressed concerns about food temperatures and indicated that ongoing staff education was expected but not documented. The Administrator was unable to provide any in-service training records for the food service staff within the requested three-month period, and it was noted that a change in the contracted food service company had occurred two months prior. Additionally, one staff member did not have documentation of a current and valid Food Handler's Certificate, as required by state regulations. The facility's policies on food preparation, service, and sanitation did not specify training expectations or qualifications for food service staff. Review of state requirements confirmed that food service employees must complete accredited food handler training within 30 days of employment. These findings were based on interviews, record reviews, and policy examinations, and involved all ten kitchen staff reviewed.

Penalty

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0801 citations
Unqualified Culinary Manager Overseeing Food and Nutrition Services
F
F0801 F801: Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the food and nutrition service, including a qualified dietician.
Short Summary

Unqualified Culinary Manager Overseeing Food and Nutrition Services: The facility failed to ensure its Culinary Manager met the required qualifications to direct food and nutrition services when a full-time qualified dietician was not employed. The CM stated she had worked at the facility since August 2025, had only cook and kitchen manager experience, and no certification documentation was provided. The CEO confirmed the CM did not have the required qualifications and was in the process of getting certified.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Employ a Qualified Food Service Director
F
F0801 F801: Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the food and nutrition service, including a qualified dietician.
Short Summary

Failure to employ a qualified Food Service Director. The Dietary Supervisor stated he was the manager but was not certified, the RD stated she provided clinical services only and did not manage the dietary department, and the NHA confirmed there was no Certified Dietary Manager. The facility also did not provide documentation showing that any staff met the qualifications for the Food Service Director role.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unqualified Dietary Manager Designated as Food and Nutrition Director
F
F0801 F801: Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the food and nutrition service, including a qualified dietician.
Short Summary

The facility failed to ensure a qualified individual was designated as the director of food and nutrition services, affecting 65 of 76 residents who ate in the dietary dept. Surveyors observed no training certificates in the kitchen or office, and the DM stated they had been in the role for about two months without any certifications. The Administrator confirmed the current DM was not certified and said a CDM had been hired but had not yet started.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unqualified Dietary Supervisor Directed Food Service Department
C
F0801 F801: Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the food and nutrition service, including a qualified dietician.
Short Summary

An unqualified Dietary Supervisor directed the facility’s Food Service/Dietary Department without meeting the minimum qualifications for a CDM or director of food and nutrition services. Although she completed a UF nutrition and foodservice training pathway, she told surveyors she had not taken or scheduled the CDM exam and had no degree in Nutrition, Hospitality, or Food Service. The deficiency affected 84 of 84 residents receiving meals from the department.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unqualified Dietary Director
F
F0801 F801: Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the food and nutrition service, including a qualified dietician.
Short Summary

The facility failed to maintain a qualified dietary manager. The Dietary Director was not a certified dietary manager or certified food service manager, had no related degree or prior nursing facility dietary leadership experience, and the employee file showed no evidence of qualifications for managing the dietary program. HR confirmed he did not meet the role requirements, and the overseeing dietician was not in the facility full-time.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unqualified Food Service Director
E
F0801 F801: Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the food and nutrition service, including a qualified dietician.
Short Summary

The facility failed to employ a qualified Food Service Director to manage Dietary operations for 12 of 12 months. The Dietary Supervisor stated she was the manager and was still working on CDM certification, while the RD said she only comes to the facility about once a week and works at multiple facilities. The Dietary Supervisor and RD confirmed there was no CDM and no full-time RD, and the facility did not show evidence that any staff met the qualifications for the Food Service Director role.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Citation search

Search every citation & Plan of Correction

Go to search
Citation watch

Track new serious citations across Texas

Get a heads-up on the newest immediate-jeopardy (J–L) citations in Texas — where surveyors are focused right now.

Free · about one email a month

Trusted data from CMS and state health departments

Every citation, penalty and Plan of Correction is sourced from public CMS records (latest release August 26, 2026) and official state health department websites — never guesswork.

In your survey window? See what surveyors are citing.

The Survey-Prep Report maps your facility's risk from 12 months of CMS and state citation data — what's being cited around you and what to check first. $129 one-time.

Get the Survey-Prep Report
An unhandled error has occurred. Reload 🗙

Connection lost — reconnecting… We couldn't reconnect automatically. Please reload the page to continue.