| (a) A DSA must ensure that a staff person meets the
requirements of this section.
(b) A service provider for a direct service must meet
the qualifications in this subsection and in subsection (d) of this
section.
(1) A service provider for a direct service:
(A) must be at least 18 years of age; and
(B) except as provided by paragraphs (2) and (3) of
this subsection, may not be a relative or guardian of the individual
to whom the service provider is providing the direct service.
(2) A service provider of transportation as a habilitation
activity, prevocational services, respite, employment assistance,
supported employment, or CFC PAS/HAB may be a relative or guardian
of the individual unless prohibited by subsection (d)(21) of this
section.
(3) A service provider of minor home modifications
may be a relative or guardian of the individual.
(c) A DSA must have a full-time or part-time program
director who:
(1) manages and oversees the DSA's operations including
the provision of CLASS Program services and CFC services to individuals
enrolled with the DSA and has:
(A) a bachelor's degree in a health and human services
field and two years' work experience in the delivery of services and
supports to persons with related conditions or similar disabilities;
or
(B) one of the following:
(i) a high school diploma and four years' work experience
in the delivery of services and supports to persons with related conditions
or similar disabilities; or
(ii) a high school equivalency certificate issued in
accordance with the law of the issuing state and four years' work
experience in the delivery of services and supports to persons with
related conditions or similar disabilities;
(2) is at least 18 years of age;
(3) is an employee of the DSA; and
(4) is not a relative of an individual being served
by the DSA.
(d) A DSA must ensure that CLASS Program services and
CFC services are provided by qualified service providers in accordance
with this subsection.
(1) A service provider of registered nursing and of
specialized registered nursing must be an RN.
(2) A service provider of licensed vocational nursing
and of specialized licensed vocational nursing must be a licensed
vocational nurse.
(3) A service provider of occupational therapy must
be an occupational therapist or an occupational therapy assistant
licensed in accordance with Texas Occupations Code Chapter 454.
(4) A service provider of physical therapy must be
a physical therapist or physical therapist assistant licensed in accordance
with Texas Occupations Code Chapter 453.
(5) A service provider of speech and language pathology
must be a speech-language pathologist or a licensed assistant in speech-language
pathology licensed in accordance with Texas Occupations Code Chapter
401.
(6) A service provider of auditory integration training/auditory
enhancement training must be an audiologist or a licensed assistant
in audiology licensed in accordance with Texas Occupations Code Chapter
401.
(7) A service provider of dental treatment must be
a person licensed to practice dentistry, dental surgery, or dental
hygiene in accordance with Texas Occupations Code Chapter 256.
(8) A service provider of dietary services must be
a dietician licensed in accordance with Texas Occupations Code Chapter
701.
(9) A service provider of massage therapy must be a
massage therapist licensed in accordance with Texas Occupations Code
Chapter 455.
(10) A service provider of therapeutic horseback riding
must be a person certified by the Professional Association of Therapeutic
Horsemanship International as a therapeutic riding instructor.
(11) Hippotherapy must be provided by the following
two service providers:
(A) a service provider who is certified by the Professional
Association of Therapeutic Horsemanship International as a therapeutic
riding instructor; and
(B) a service provider who is:
(i) an occupational therapist licensed in accordance
with Texas Occupations Code Chapter 454;
(ii) an occupational therapy assistant licensed in
accordance with Texas Occupations Code Chapter 454;
(iii) a physical therapist licensed in accordance with
Texas Occupations Code Chapter 453; or
(iv) a physical therapist assistant licensed in accordance
with Texas Occupations Code Chapter 453.
(12) A service provider of recreational therapy must
be a person:
(A) who holds a credential as a certified therapeutic
recreation specialist awarded by the National Council of Therapeutic
Recreation Certification; or
(B) who is certified as a therapeutic recreation specialist
by the Consortium for Therapeutic Recreation/Activities Certification,
Inc.
(13) A service provider of music therapy is a person
who holds a credential as a board certified music therapist awarded
by the Certification Board for Music Therapists.
(14) A service provider of aquatic therapy must:
(A) be:
(i) a massage therapist licensed in accordance with
Texas Occupations Code Chapter 455;
(ii) a person who holds a credential as a certified
therapeutic recreation specialist awarded by the National Council
of Therapeutic Recreation Certification; or
(iii) a person who is certified as a therapeutic recreation
specialist by the Consortium for Therapeutic Recreation/Activities
Certification, Inc.; and
(B) hold a certificate of completion of the "Basic
Water Rescue" course from the American Red Cross or be certified by
the American Red Cross as a lifeguard.
(15) A service provider of behavioral support must:
(A) be one of the following:
(i) a psychologist licensed in accordance with Texas
Occupations Code Chapter 501;
(ii) a provisional license holder licensed in accordance
with Texas Occupations Code Chapter 501;
(iii) a psychological associate licensed in accordance
with Texas Occupations Code Chapter 501;
(iv) a clinical social worker licensed in accordance
with Texas Occupations Code Chapter 505;
(v) a licensed professional counselor licensed in accordance
with Texas Occupations Code Chapter 503; or
(vi) a behavior analyst certified by the Behavior Analyst
Certification Board, Inc.; and
(B) have received training in behavioral support or
have experience in providing behavioral support.
(16) A service provider of cognitive rehabilitation
therapy must be:
(A) a psychologist licensed in accordance with Texas
Occupations Code Chapter 501;
(B) a speech-language pathologist licensed in accordance
with Texas Occupations Code Chapter 401; or
(C) an occupational therapist licensed in accordance
with Texas Occupations Code Chapter 454.
(17) A service provider of prevocational services must
have:
(A) a bachelor's degree in a health and human services
field, and two years' work experience in the delivery of services
and supports to persons with related conditions or similar disabilities;
or
(B) one of the following:
(i) a high school diploma and four years' work experience
in the delivery of services and supports to persons with related conditions
or similar disabilities; or
(ii) a high school equivalency certificate issued in
accordance with the law of the issuing state and four years' work
experience in the delivery of services and supports to persons with
related conditions or similar disabilities.
(18) A service provider of employment assistance and
a service provider of supported employment must have:
(A) a bachelor's degree in rehabilitation, business,
marketing, or a related human services field with six months of paid
or unpaid experience providing services to people with disabilities;
(B) an associate's degree in rehabilitation, business,
marketing, or a related human services field with one year of paid
or unpaid experience providing services to people with disabilities;
or
(C) a high school diploma or a certificate recognized
by a state as the equivalent of a high school diploma, with two years
of paid or unpaid experience providing services to people with disabilities.
(19) Documentation of the experience required by paragraph
(18) of this subsection must include:
Cont'd... |
