(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 a program director for the 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 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 individual's preferred communication
methods (American sign language, tactile symbols, communication boards,
pictures, or gestures); or
(B) within six months after being assigned to an individual,
becomes fluent in the individual's communication methods.
(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 certificate recognized
by a state as the equivalent of a high school diploma;
(D) has at least 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 described
in paragraph (1) of this subsection;
(B) has at least six months of experience working with
persons who have deafblindness or function as persons with deafblindness;
(C) completed at least 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; and
(D) has completed a practicum that is at least one
semester credit hour 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;
(3) an intervener II:
(A) meets the requirements for an intervener I described
in paragraph (2) of this subsection;
(B) has at least nine months of experience working
with persons who have deafblindness or function as persons with deafblindness;
and
(C) has completed at least 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 for an intervener II described
in paragraph (3)(A) of this subsection;
(B) has at least one year of experience working with
persons with deafblindness or function as persons with deafblindness;
and
(C) holds an associate degree 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 §260.355(a) of this chapter (relating
to Therapies) is licensed by the State of Texas as described in §260.355(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 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 dental treatment
is provided by a person licensed to practice dentistry or dental hygiene
in accordance with Texas Occupations Code Chapter 256.
(j) 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
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