| (a) To be certified to provide services pursuant to
Texas Government Code §81.1011, a benefits counselor must meet
the following requirements:
(1) Be an employee or volunteer of an area agency on
aging affiliated with the Texas Department on Aging who provides benefits
counseling services through an area agency on aging system of access
and assistance to persons age 60 years and older and/or their family
members or other caregivers, and
(2) Have received the training in providing technical
advice, consultation, and assistance, described in subsection (b)
of this section.
(b) The training referred to in subsection (a)(2) of
this section must:
(1) Be approved by the Texas Department on Aging;
and
(2) Include the following components:
(A) statutory, regulatory, and policy provisions applicable
to advance directives in Texas;
(B) the use of letters, questionnaires, and checklists
for gathering information to provide technical advice, consultation
and document preparation for clients;
(C) conducting the client interview (including confidentiality
and conflict of interest considerations);
(D) how to complete, sign, and witness, the Advance
Directives provided for in the Texas Health and Safety Code, Chapter
166, and how to complete, sign, and witness, the Designation of Guardian
Before Need Arises provided for in the Texas Probate Code §679;
(E) how revocation of the documents referred to in
subparagraph (D) of this paragraph is accomplished; and
(F) proper procedures for filing and informing health
care personnel about the documents referred to in subparagraph (D)
of this paragraph.
(3) Include an assessment tool approved by the Texas
Department on Aging that verifies that the employee or volunteer providing
benefits counseling through an area agency on aging system of access
and assistance has sufficient knowledge after the training described
in paragraphs (1) and (2) of this subsection, to provide high quality
services that meet the needs of clients for technical advice, consultation,
and document preparation in regard to the Advance Directives in
Texas Health and Safety Code, Chapter 166, and in regard to the Designation
of Guardian Before Need Arises provided for in the Texas Probate Code §679.
The assessment tool shall require a score of 70% correct answers as
the minimum passing grade.
(c) The Texas Department on Aging shall certify an
employee or volunteer providing benefits counseling through an area
agency on aging system of access and assistance who has completed
the training described in subsection (b)(1) and (2) of this section
and who has completed the assessment tool with a score of 70% or higher
to provide services under Texas Government Code §81.1011. Each
area agency on aging has the discretion to decide whether the services
authorized under Texas Government Code §81.1011, shall be offered
by the area agency on aging.
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| Source Note: The provisions of this §213.53 adopted to be effective December 3, 2001, 26 TexReg 9914; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842; transferred effective June 15, 2021, as published in the May 28, 2021 issue of the Texas Register, 46 TexReg 3422 |
