| (a) A program provider must ensure that a behavioral
support service provider:
(1) is licensed as a psychologist in accordance with
the Texas Occupations Code Chapter 501;
(2) is a provisional license holder licensed in accordance
with the Texas Occupations Code Chapter 501;
(3) is licensed as a psychological associate in accordance
with the Texas Occupations Code Chapter 501;
(4) is licensed as a licensed behavior analyst in accordance
with the Texas Occupations Code Chapter 506;
(5) is licensed as a clinical social worker in accordance
with the Texas Occupations Code Chapter 505;
(6) is licensed as a professional counselor in accordance
with the Texas Occupations Code Chapter 503; or
(7) is a behavior communication specialist who has:
(A) a master's or a doctoral degree in special education,
psychology, or a related human services discipline from an accredited
university or college, and three years of experience providing direct
services to individuals who have deafblindness; or
(B) a bachelor's degree in psychology or special education
from an accredited university or college and seven years of experience
providing direct services to individuals who have deafblindness and
multiple disabilities.
(b) A program provider must ensure that the behavioral
support service provider:
(1) conducts an assessment of an individual's maladaptive
behavior identified by the service planning team with an emphasis
on communication barriers as a contributing factor;
(2) analyzes assessment findings;
(3) develops an individualized behavior support plan
that describes strategies to address communication barriers consistent
with goals and outcomes identified in the IPP;
(4) trains and consults with individual's family members
and other service providers on implementation of the behavior support
plan;
(5) monitors and evaluates effectiveness of the behavior
support plan; and
(6) modifies the behavior support plan, as necessary.
(c) A program provider must ensure the behavioral support
service provider conducts periodic evaluations of the individual's
progress toward achieving the goals and outcomes described in the
IPP with updates to the program provider.
(d) A program provider may bill HHSC for the following
activities by a behavioral support service provider:
(1) assessing and evaluating the need for behavioral
support services;
(2) developing and implementing a behavior support
plan;
(3) periodic evaluations of the individual's progress
toward achieving the goals and outcomes described in the behavior
support plan, including updates to the program provider;
(4) providing direct therapeutic intervention;
(5) consulting with the individual's psychiatrist;
(6) interacting with the individual or LAR regarding
the individual's condition and progress toward or achievement of goals;
(7) training and consulting with individual's family
members and other service providers concerning implementation of the
behavior support plan;
(8) participating in service planning team meetings,
if requested;
(9) if the behavioral support service provider is licensed
as described in subsection (a)(1) or (3) of this section, supervising
and training an unlicensed service provider, for example, a service
provider of day habilitation or CFC PAS/HAB, within the scope of 22
TAC Part 21, (relating to the Texas State Board of Examiners of Psychologists);
and
(10) participating in a fair hearing at the request
of a member of the service planning team to provide information within
the scope of the service provider's licensure or certification, as
appropriate.
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