| (a) Each comprehensive provider agency and staff member
must adhere to the following rules regarding patient safety, rights,
and protections even if the comprehensive provider agency is not a
type of entity specified in the rule:
(1) 25 TAC §404.154 (relating to Rights of All
Persons Receiving Mental Health Services);
(2) 25 TAC §404.165 (relating to Staff Member
Training in Rights of All Persons Receiving Mental Health Services);
(3) 25 TAC §412.312 (relating to Environment of
Care and Safety);
(4) 25 TAC §412.313 (relating to Rights and Protection);
(5) 25 TAC §412.315 (relating to Medical Records
System);
(6) 25 TAC Chapter 415 (relating to Provider Clinical
Responsibilities--Mental Health Services), Subchapter F (relating
to Interventions in Mental Health Services); and
(7) 40 TAC §711.201 (relating to What is Your
Duty to Report If You Are a Direct Provider or Service Provider?).
(b) A comprehensive provider agency must ensure effective
communication with each individual and LAR, if applicable, in an understandable
format as appropriate to meet the needs of each individual, which
may require the use of:
(1) interpretative services;
(2) translated materials; or
(3) staff who can effectively respond to the cultural
and language needs of an individual and LAR, if applicable.
(c) A comprehensive provider agency must obtain a criminal
history background check on each staff member and applicant to whom
an offer of employment is made if the responsibilities of the position
include personal contact with an individual receiving services, in
order to ensure that individuals do not come in contact with, and
are not provided services by, a staff member who has a conviction
for any of the criminal offenses listed in Texas Health and Safety
Code §250.006, or for any criminal offense that the comprehensive
provider agency has determined to be a contraindication to employment.
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