| (ii) at least three personal references from persons
not related by blood that evidence the person's ability to provide
a safe and healthy environment for the individual; and
(3) except for a service provider of chore services,
either:
(A) is fluent in the communication method preferred
by the individual to whom the service provider is assigned, including
American sign language, tactile symbols, communication boards, pictures,
and gestures; or
(B) has the ability to become fluent in the communication
methods used by an individual within three months after being assigned
to the individual.
(k) A program provider must ensure that:
(1) a vehicle in which a service provider transports
an individual has a valid Vehicle Identification Certificate of Inspection,
in accordance with state law; and
(2) a service provider who transports an individual
in a vehicle has:
(A) a current Texas driver's license; and
(B) vehicle liability insurance, in accordance with
state law.
(l) A service provider:
(1) must not be a parent of the individual to whom
the service provider is providing any service, if the individual is
under 18 years of age;
(2) must not be the spouse of the individual to whom
the service provider is providing any service;
(3) must not be a relative or guardian of the individual
to whom the service provider is providing an adaptive aid; and
(4) must not be a relative or guardian of the individual
to whom the service provider is providing any of the following services,
if the individual is 18 years of age or older:
(A) assisted living;
(B) case management;
(C) behavioral support;
(D) dental treatment;
(E) dietary services;
(F) FMS, if the individual is participating in the
CDS option;
(G) occupational therapy;
(H) orientation and mobility;
(I) physical therapy;
(J) speech and language pathology;
(K) audiology; and
(L) support consultation, if the individual is participating
in the CDS option.
(m) A service provider of CFC PAS/HAB must:
(1) have:
(A) a high school diploma;
(B) a certificate recognized by a state as the equivalent
of a high school diploma; or
(C) both of the following:
(i) a successfully completed written competency-based
assessment demonstrating the service provider's ability to perform
CFC PAS/HAB tasks, including an ability to perform CFC PAS/HAB tasks
required for the individual to whom the service provider will provide
CFC PAS/HAB; and
(ii) at least three written personal references from
persons not related by blood that evidence the service provider's
ability to provide a safe and healthy environment for the individual;
and
(2) meet any other qualifications requested by the
individual or LAR based on the individual's needs and preferences.
(n) The program provider must maintain documentation
in a service provider's employment, contract, or personal service
agreement file that the service provider meets the requirements of
this section.
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