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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 260DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER DADDITIONAL PROGRAM PROVIDER PROVISIONS
RULE §260.203Qualifications of Program Provider Staff

      (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 method preferred by the individual to whom the service provider is assigned, including 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.

(k) 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.

(l) A service provider:

  (1) must not be a parent of the individual to whom the service provider is providing any service, if the individual is under 18 years of age;

  (2) must not be the spouse of the individual to whom the service provider is providing any service;

  (3) must not be a relative or guardian of the individual to whom the service provider is providing an adaptive aid; and

  (4) must not be a relative or guardian of the individual to whom the service provider is providing any of the following services, if the individual is 18 years of age or older:

    (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 and language pathology;

    (K) audiology; and

    (L) support consultation, if the individual is participating in the CDS option.

(m) 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.

(n) 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 §260.203 adopted to be effective February 26, 2023, 48 TexReg 896

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