| (4) for physical therapy services, a physical therapist
or physical therapist assistant licensed in accordance with Texas
Occupations Code, Chapter 453; and
(5) for dietary services, a licensed dietitian licensed
in accordance with Texas Occupations Code, Chapter 701.
(r) The program provider must comply with §49.304
of this title (relating to Background Checks).
(s) A program provider must comply with §49.312
of this title (relating to Personal Attendants).
(t) If the service provider of community support or
CFC PAS/HAB is employed by or contracts with a contractor of a program
provider, the program provider must ensure that the contractor complies
with subsection (s) of this section as if the contractor were the
program provider.
(u) A program provider must:
(1) ensure that a service provider of CFC PAS/HAB:
(A) is at least 18 years of age;
(B) has:
(i) a high school diploma or a certificate recognized
by a state as the equivalent of a high school diploma; or
(ii) documentation of a proficiency evaluation of experience
and competence to perform the job tasks that includes:
(I) a written competency-based assessment of the ability
to document service delivery and observations of the individuals to
be served; and
(II) at least three written personal references from
persons not related by blood that indicate the ability to provide
a safe, healthy environment for the individuals being served;
(C) is not:
(i) the spouse of the individual; or
(ii) a parent of the individual if the individual is
a minor; and
(D) meets any other qualifications requested by the
individual or LAR based on the individual's needs and preferences;
and
(2) if requested by an individual or LAR:
(A) 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
(B) 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.
|
| Source Note: The provisions of this §566.9 adopted to be effective January 5, 2003, 27 TexReg 12254; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective March 1, 2007, 32 TexReg 544; amended to be effective January 1, 2014, 38 TexReg 9628; amended to be effective September 1, 2014, 39 TexReg 6549; amended to be effective November 15, 2015, 40 TexReg 7827; amended to be effective March 20, 2016, 41 TexReg 1867; amended to be effective October 1, 2019, 44 TexReg 5062; amended tobe effective May 10, 2020, 45 TeReg 2886; transferred effective June 19, 2023, as published in the May 26, 2023 issue of the Texas Register, 48 TexReg 2732 |
