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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 45COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER HADDITIONAL DSA REQUIREMENTS
RULE §45.804Training of DSA Staff Persons, Service Providers, and Volunteers

(a) A DSA must ensure:

  (1) that a DSA staff person who has direct contact with an individual completes training as described in the CLASS Provider Manual; and

  (2) that a DSA staff person who is responsible for developing the PAS/HAB plan completes person-centered service planning training approved by HHSC:

    (A) by June 1, 2017, if the staff person was hired on or before June 1, 2015; or

    (B) within two years after the hire date, if the staff person was hired after June 1, 2015.

(b) A DSA must ensure that, before providing services to an individual:

  (1) a service provider of habilitation 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 in the habilitation activities necessary to meet the needs and characteristics of the individual to whom the service provider is assigned, in accordance with the CLASS 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 CLASS 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 the 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 habilitation or CFC PAS/HAB must, in accordance with the CLASS 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) are 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) are 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) are provided with the instructions described in subparagraph (B) of this paragraph in writing;

  (2) conduct the activities described in paragraph (1)(A) - (C) 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; and

    (C) the name of the person who conducted the training.


Source Note: The provisions of this §45.804 adopted to be effective March 21, 2011, 36 TexReg 1840; amended to be effective December 1, 2011, 36 TexReg 8049; amended to be effective March 20, 2016, 41 TexReg 1952; amended to be effective October 1, 2019, 44 TexReg 5118

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