Section 260.203 - Qualifications 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 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(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:(F) FMS, if the individual is participating in the CDS option;(G) occupational therapy;(H) orientation and mobility;(J) speech and language pathology;(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.26 Tex. Admin. Code § 260.203
Adopted by Texas Register, Volume 48, Number 07, February 17, 2023, TexReg 0913, eff. 2/26/2023