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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 42DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER DADDITIONAL PROGRAM PROVIDER PROVISIONS
RULE §42.402Qualifications of Program Provider Staff

(a) A program provider must employ a program director who is responsible for the program provider's day-to-day operations. The program director must:

  (1) have a minimum of one year of paid experience in community programs planning and providing direct services to individuals with deafness, blindness, or multiple disabilities and have a master's degree in a health and human services related field;

  (2) have a minimum of two years of paid experience in community programs planning and providing direct services to individuals with deafness, blindness, or multiple disabilities, and have a bachelor's degree in a health and human services related field; or

  (3) have been the program director for a DBMD Program provider on or before June 15, 2010.

(b) A program provider must ensure that a case manager:

  (1) has:

    (A) a bachelor's degree in a health and human services related field and a minimum of two years of experience in the delivery of direct services to individuals with disabilities;

    (B) an associate's degree in a health and human services related field and a minimum of four years of experience providing direct services to individuals with disabilities; or

    (C) a high school diploma or certificate recognized by a state as the equivalent of a high school diploma and a minimum of six years of experience providing direct services to individuals with disabilities; and

  (2) either:

    (A) is fluent in the communication methods used by an individual to whom the case manager is assigned (for example American sign language, tactile symbols, communication boards, pictures, and gestures); or

    (B) within six months after being assigned to an individual, becomes fluent in the communication methods used by the individual.

(c) For purposes of subsection (d) of this section and consistent with Texas Government Code, §531.0973, "deafblind-related course work" means educational courses designed to improve a person's:

  (1) knowledge of deafblindness and its effect on learning;

  (2) knowledge of the role of intervention and ability to facilitate the intervention process;

  (3) knowledge of areas of communication relevant to deafblindness, including methods, adaptations, and use of assistive technology, and ability to facilitate the development and use of communication skills for a person with deafblindness;

  (4) knowledge of the effect that deafblindness has on a person's psychological, social, and emotional development and ability to facilitate the emotional well-being of a person with deafblindness;

  (5) knowledge of and issues related to sensory systems and ability to facilitate the use of the senses;

  (6) knowledge of motor skills, movement, orientation, and mobility strategies and ability to facilitate orientation and mobility skills;

  (7) knowledge of the effect that additional disabilities have on a person with deafblindness and the ability to provide appropriate support; or

  (8) professionalism and knowledge of ethical issues relevant to the role of an intervener.

(d) A program provider must ensure that:

  (1) an intervener:

    (A) is at least 18 years of age;

    (B) is not:

      (i) the spouse of the individual to whom the intervener is assigned; or

      (ii) if the individual is under 18 years of age, a parent of the individual to whom the intervener is assigned;

    (C) holds a high school diploma or a high school equivalency certificate;

    (D) has a minimum of two years of experience working with individuals with developmental disabilities; and

    (E) has the ability to proficiently communicate in the functional language of the individual to whom the intervener is assigned;

  (2) an intervener I:

    (A) meets the requirements for an intervener as described in paragraph (1) of this subsection;

    (B) has a minimum of six months of experience working with persons who have deafblindness or function as persons with deafblindness;

    (C) has completed a minimum of eight semester credit hours in deafblind-related course work at a college or university accredited by:

      (i) a state agency recognized by the United States Department of Education; or

      (ii) a non-governmental entity recognized by the United States Department of Education;

    (D) a one-hour practicum in deafblind-related course work at a college or university accredited by a state agency or a non-governmental entity recognized by:

      (i) a state agency recognized by the United States Department of Education; or

      (ii) a non-governmental entity recognized by the United States Department of Education;

  (3) an intervener II:

    (A) meets the requirements of an intervener I as described in paragraph (2)(A), (C), and (D) of this subsection;

    (B) has a minimum of nine months of experience working with persons who have deafblindness or function as persons with deafblindness; and

    (C) has completed an additional 10 semester credit hours in deafblind-related course work at a college or university accredited by:

      (i) a state agency recognized by the United States Department of Education; or

      (ii) a non-governmental entity recognized by the United States Department of Education; and

  (4) an intervener III:

    (A) meets the requirements of an intervener II as described in paragraph (3)(A) of this subsection;

    (B) has a minimum of one year of experience working with persons with deafblindness; and

    (C) holds an associate's or bachelor's degree in a course of study with a focus on deafblind-related course work from a college or university accredited by:

      (i) a state agency recognized by the United States Department of Education; or

      (ii) a non-governmental entity recognized by the United States Department of Education;

(e) A program provider must ensure that a service provider who interacts directly with an individual is able to communicate with the individual.

(f) A program provider must ensure that a service provider of a therapy described in §42.632(a) of this chapter (relating to Therapies) is licensed by the State of Texas as described in §42.632(b) of this chapter.

(g) A program provider must ensure that a service provider of employment assistance or a service provider of supported employment:

  (1) is at least 18 years of age;

  (2) is not:

    (A) the spouse of the individual; or

    (B) a parent of the individual if the individual is under 18 years of age; and

  (3) has:

    (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.

(h) Documentation of the experience required by subsection (g) of this section must include:

  (1) for paid experience, a written statement from a person who paid for the service or supervised the provision of the service; and

  (2) for unpaid experience, a written statement from a person who has personal knowledge of the experience.

(i) A program provider must ensure that a service provider not required to meet the other education or experience requirements described in this section:

  (1) is 18 years of age or older;

  (2) has:

    (A) a high school diploma;

    (B) a certificate recognized by a state as the equivalent of a high school diploma; or

    (C) the following:

      (i) documentation of a proficiency evaluation of experience and competence to perform job tasks including an ability to provide the required services needed by the individual as demonstrated through a written competency-based assessment; and

      (ii) at least three personal references from persons not related by blood that evidence the person's ability to provide a safe and healthy environment for the individual; and

  (3) except for a service provider of chore services, either:

    (A) is fluent in the communication methods used by the individual to whom the service provider is assigned (for example American sign language, tactile symbols, communication boards, pictures, and gestures); or

    (B) has the ability to become fluent in the communication methods used by an individual within three months after being assigned to the individual.

(j) A program provider must ensure that:

  (1) a vehicle in which a service provider transports an individual has a valid Vehicle Identification Certificate of Inspection, in accordance with state law; and

  (2) a service provider who transports an individual in a vehicle has:

    (A) a current Texas driver's license; and

    (B) vehicle liability insurance, in accordance with state law.

(k) A service provider:

  (1) must not be:

    (A) the parent of an individual if the individual is under 18 years of age; or

    (B) the spouse of an individual;

  (2) must not, if an individual is an adult, be a relative or guardian of the individual to whom the service provider is providing:

    (A) assisted living;

    (B) case management;

    (C) behavioral support;

    (D) dental treatment;

    (E) dietary services;

    (F) FMS, if the individual is participating in the CDS option;

    (G) occupational therapy;

    (H) orientation and mobility;

    (I) physical therapy;

    (J) speech, language, audiology therapy; or

    (K) support consultation, if the individual is participating in the CDS option; and

  (3) may be, if an individual is an adult, a relative or guardian of the individual to whom the service provider is providing:

    (A) adaptive aids;

    (B) chore services;

    (C) day habilitation;

    (D) employment assistance;

    (E) intervener;

    (F) minor home modifications;

    (G) nursing;

    (H) residential habilitation;

    (I) respite;

    (J) supported employment; or

    (K) CFC PAS/HAB.

(l) A service provider of CFC PAS/HAB must:

  (1) have:

    (A) a high school diploma;

    (B) a certificate recognized by a state as the equivalent of a high school diploma; or

    (C) both of the following:

      (i) a successfully completed written competency-based assessment demonstrating the service provider's ability to perform CFC PAS/HAB tasks, including an ability to perform CFC PAS/HAB tasks required for the individual to whom the service provider will provide CFC PAS/HAB; and

      (ii) at least three written personal references from persons not related by blood that evidence the service provider's ability to provide a safe and healthy environment for the individual; and

  (2) meet any other qualifications requested by the individual or LAR based on the individual's needs and preferences.

(m) The program provider must maintain documentation in a service provider's employment, contract, or personal service agreement file that the service provider meets the requirements of this section.


Source Note: The provisions of this §42.402 adopted to be effective June 15, 2010, 35 TexReg 5042; amended to be effective September 1, 2014, 39 TexReg 6609; amended to be effective November 15, 2015, 40 TexReg 7870; amended to be effective March 20, 2016, 41 TexReg 1927

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