|(a) Compliance with MH community standards. In addition
to complying with this subchapter, a provider must also comply with
Chapter 412, Subchapter G of this title (relating to Mental Health
Community Services Standards) in the provision of MH rehabilitative
services, as described in §412.304(a)(4) and (b) of this title
(relating to Responsibility for Compliance).
(b) Staff supervision and oversight. A provider must
develop policies and procedures in accordance with this subchapter
for the supervision and oversight of staff members who provide MH
rehabilitative services. Staff members who provide supervision must
have experience in providing rehabilitative services and training
in supervising rehabilitative services. The MH rehabilitative services
provided by a:
(1) CFP must be directly supervised by a staff member
who is credentialed as a QMHP-CS at minimum and who must have at least
one year experience in the department-approved recovery and resilience
(2) peer provider must be under the direct clinical
supervision of an LPHA;
(3) CSSP must be clinically supervised by a QMHP-CS;
(4) QMHP-CS must be clinically supervised by at least
another QMHP-CS; and
(5) QMHP-CS supervisor of another QMHP-CS must be clinically
supervised by an LPHA.
(c) Subcontract for providing services.
(1) A provider may choose to have any MH rehabilitative
service provided by a person or entity through a subcontract.
(2) A provider must ensure that, if MH rehabilitative
services are provided through a subcontract, then the subcontractor
complies with all applicable federal and state laws, rules, and regulations,
and any provider manuals and policy clarification letters promulgated
by the department.
(d) Prohibitions against discrimination and retaliation.
(1) A provider may not discriminate against or deny
services to an individual based on race, color, national origin, religion,
sex, sexual orientation, age, disability, co-occurring disorder, or
(2) A provider must ensure that an individual's refusal
of any service offered by the provider does not preclude the individual
from accessing a needed MH rehabilitative service.
|Source Note: The provisions of this §306.307 adopted to be effective January 22, 2014, 39 TexReg 299; transferred effective March 15, 2020, as published in the February 21, 2020 issue of the Texas Register, 45 TexReg 1239