| (a) A DSA must ensure that:
(1) a DSA staff person who has direct contact with
an individual completes training described in the Community Living Assistance and Support Services
Provider Manual; and
(2) a DSA staff person whose duties include participating
as a member of a service planning team completes HHSC's web-based
Introductory Training within six months after assuming this duty.
(b) A DSA must ensure that, before providing services
to an individual:
(1) a service provider of transportation as a habilitation
activity completes:
(A) two hours of orientation covering the following:
(i) an overview of related conditions; and
(ii) an explanation of commonly performed tasks regarding
habilitation;
(B) training in cardiopulmonary resuscitation and choking
prevention that includes an in-person evaluation by a qualified instructor
of the service provider's ability to perform these actions; and
(C) training necessary to meet the needs and characteristics
of the individual to whom the service provider is assigned, in accordance
with the Community Living Assistance and
Support Services Provider Manual, with training to occur in
the individual's home with full participation from the individual,
if possible; and
(2) a service provider of CFC PAS/HAB completes:
(A) two hours of orientation covering the following:
(i) an overview of related conditions; and
(ii) an explanation of commonly performed CFC PAS/HAB
activities;
(B) training in cardiopulmonary resuscitation and choking
prevention that includes an in-person evaluation by a qualified instructor
of the service provider's ability to perform these actions; and
(C) training in the CFC PAS/HAB activities necessary
to meet the needs and characteristics of the individual to whom the
service provider is assigned, in accordance with the Community Living Assistance and Support Services
Provider Manual, with training to occur in the individual's
home with full participation from the individual, if possible.
(c) A DSA must, if requested by an individual or LAR:
(1) allow the individual or LAR to train a CFC PAS/HAB
service provider in the specific assistance needed by the individual
and to have the service provider perform CFC PAS/HAB in a manner that
comports with the individual's personal, cultural, or religious preferences;
and
(2) ensure that a CFC PAS/HAB service provider attends
training by HHSC so the service provider meets any additional qualifications
desired by the individual or LAR.
(d) The supervisor of a service provider of transportation
as a habilitation activity or CFC PAS/HAB must, in accordance with
the Community Living Assistance and Support
Services Provider Manual, evaluate the performance of the service
provider, in person, to ensure the needs of the individual are being
met. The evaluation must occur annually.
(e) A DSA must:
(1) ensure that each service provider, staff person,
and volunteer of the DSA:
(A) is trained on and knowledgeable of:
(i) acts that constitute abuse, neglect, and exploitation
of an individual;
(ii) signs and symptoms of abuse, neglect, and exploitation;
and
(iii) methods to prevent abuse, neglect, and exploitation;
(B) is instructed to report to DFPS immediately, but
not later than 24 hours, after having knowledge or suspicion that
an individual has been or is being abused, neglected, or exploited,
by:
(i) calling the DFPS Abuse Hotline toll-free telephone
number, 1-800-252-5400; or
(ii) using the DFPS Abuse Hotline website; and
(C) is provided with the instructions described in
subparagraph (B) of this paragraph in writing;
(2) conduct the activities described in paragraph (1)
of this subsection:
(A) within one year after the person's most recent
training on abuse, neglect, and exploitation and annually thereafter,
if the service provider, staff person, or volunteer of the DSA was
hired before July 1, 2019; or
(B) before assuming job duties and annually thereafter,
if the service provider, staff person, or volunteer of the DSA is
hired on or after July 1, 2019; and
(3) document:
(A) the name of the person who received the training
required by this subsection;
(B) the date the training was conducted or completed;
and
(C) except for the training described in subsection
(a)(2) of this section, the name of the person who conducted the training.
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