SECTION 259.355. Qualifications of DSA Staff Persons

(a) A DSA must ensure that a staff person meets the requirements of this section.

(b) A service provider for a direct service must meet the qualifications in this subsection and in subsection (d) of this section.

(1) A service provider for a direct service:

(A) must be at least 18 years of age; and

(B) except as provided by paragraphs (2) and (3) of this subsection, may not be a relative or guardian of the individual to whom the service provider is providing the direct service.

(2) A service provider of transportation as a habilitation activity, prevocational services, respite, employment assistance, supported employment, or CFC PAS/HAB may be a relative or guardian of the individual unless prohibited by subsection (d)(21) of this section.

(3) A service provider of minor home modifications may be a relative or guardian of the individual.

(c) A DSA must have a full-time or part-time program director who:

(1) manages and oversees the DSA's operations including the provision of CLASS Program services and CFC services to individuals enrolled with the DSA and has:

(A) a bachelor's degree in a health and human services field and two years' work experience in the delivery of services and supports to persons with related conditions or similar disabilities; or

(B) one of the following:

(i) a high school diploma and four years' work experience in the delivery of services and supports to persons with related conditions or similar disabilities; or

(ii) a high school equivalency certificate issued in accordance with the law of the issuing state and four years' work experience in the delivery of services and supports to persons with related conditions or similar disabilities;

(2) is at least 18 years of age;

(3) is an employee of the DSA; and

(4) is not a relative of an individual being served by the DSA.

(d) A DSA must ensure that CLASS Program services and CFC services are provided by qualified service providers in accordance with this subsection.

(1) A service provider of registered nursing and of specialized registered nursing must be an RN.

(2) A service provider of licensed vocational nursing and of specialized licensed vocational nursing must be a licensed vocational nurse.

(3) A service provider of occupational therapy must be an occupational therapist or an occupational therapy assistant licensed in accordance with Texas Occupations Code Chapter 454.

(4) A service provider of physical therapy must be a physical therapist or physical therapist assistant licensed in accordance with Texas Occupations Code Chapter 453.

(5) A service provider of speech and language pathology must be a speech-language pathologist or a licensed assistant in speech-language pathology licensed in accordance with Texas Occupations Code Chapter 401.

(6) A service provider of auditory integration training/auditory enhancement training must be an audiologist or a licensed assistant in audiology licensed in accordance with Texas Occupations Code Chapter 401.

(7) A service provider of dental treatment must be a person licensed to practice dentistry, dental surgery, or dental hygiene in accordance with Texas Occupations Code Chapter 256.

(8) A service provider of dietary services must be a dietician licensed in accordance with Texas Occupations Code Chapter 701.

(9) A service provider of massage therapy must be a massage therapist licensed in accordance with Texas Occupations Code Chapter 455.

(10) A service provider of therapeutic horseback riding must be a person certified by the Professional Association of Therapeutic Horsemanship International as a therapeutic riding instructor.

(11) Hippotherapy must be provided by the following two service providers:

(A) a service provider who is certified by the Professional Association of Therapeutic Horsemanship International as a therapeutic riding instructor; and

(B) a service provider who is:

(i) an occupational therapist licensed in accordance with Texas Occupations Code Chapter 454;

(ii) an occupational therapy assistant licensed in accordance with Texas Occupations Code Chapter 454;

(iii) a physical therapist licensed in accordance with Texas Occupations Code Chapter 453; or

(iv) a physical therapist assistant licensed in accordance with Texas Occupations Code Chapter 453.

(12) A service provider of recreational therapy must be a person:

(A) who holds a credential as a certified therapeutic recreation specialist awarded by the National Council of Therapeutic Recreation Certification; or

(B) who is certified as a therapeutic recreation specialist by the Consortium for Therapeutic Recreation/Activities Certification, Inc.

(13) A service provider of music therapy is a person who holds a credential as a board certified music therapist awarded by the Certification Board for Music Therapists.

(14) A service provider of aquatic therapy must:

(A) be:

(i) a massage therapist licensed in accordance with Texas Occupations Code Chapter 455;

(ii) a person who holds a credential as a certified therapeutic recreation specialist awarded by the National Council of Therapeutic Recreation Certification; or

(iii) a person who is certified as a therapeutic recreation specialist by the Consortium for Therapeutic Recreation/Activities Certification, Inc.; and

(B) hold a certificate of completion of the "Basic Water Rescue" course from the American Red Cross or be certified by the American Red Cross as a lifeguard.

(15) A service provider of behavioral support must:

(A) be one of the following:

(i) a psychologist licensed in accordance with Texas Occupations Code Chapter 501;

(ii) a provisional license holder licensed in accordance with Texas Occupations Code Chapter 501;

(iii) a psychological associate licensed in accordance with Texas Occupations Code Chapter 501;

(iv) a clinical social worker licensed in accordance with Texas Occupations Code Chapter 505;

(v) a licensed professional counselor licensed in accordance with Texas Occupations Code Chapter 503; or

(vi) a behavior analyst certified by the Behavior Analyst Certification Board, Inc.; and

(B) have received training in behavioral support or have experience in providing behavioral support.

(16) A service provider of cognitive rehabilitation therapy must be:

(A) a psychologist licensed in accordance with Texas Occupations Code Chapter 501;

(B) a speech-language pathologist licensed in accordance with Texas Occupations Code Chapter 401; or

(C) an occupational therapist licensed in accordance with Texas Occupations Code Chapter 454.

(17) A service provider of prevocational services must have:

(A) a bachelor's degree in a health and human services field, and two years' work experience in the delivery of services and supports to persons with related conditions or similar disabilities; or

(B) one of the following:

(i) a high school diploma and four years' work experience in the delivery of services and supports to persons with related conditions or similar disabilities; or

(ii) a high school equivalency certificate issued in accordance with the law of the issuing state and four years' work experience in the delivery of services and supports to persons with related conditions or similar disabilities.

(18) A service provider of employment assistance and a service provider of supported employment must have:

(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's 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.

(19) Documentation of the experience required by paragraph (18) of this subsection must include:

(A) for paid experience, a written statement from a person who paid for the service or supervised the provision of the service; and

(B) for unpaid experience, a written statement from a person who has personal knowledge of the experience.

(20) A service provider of transportation as a habilitation activity or respite who is hired on or after July 1, 2015 must 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 assist with ADLs and IADLs required for the individual to whom the service provider will provide transportation as a habilitation activity or respite; and

(ii) at least three written personal references from persons who are not relatives of the service provider that evidence the service provider's ability to provide a safe and healthy environment for the individual.

(21) A service provider of transportation as a habilitation activity, prevocational services, respite, employment assistance, supported employment, or CFC PAS/HAB may not be:

(A) the parent of the individual if the individual is under 18 years of age; or

(B) the spouse of the individual.

(22) A service provider of SFS or CFS must meet the requirements described in §259.215(a) of this chapter (relating to Support Family Requirements).

(23) A service provider of CFC PAS/HAB must:

(A) have:

(i) a high school diploma;

(ii) a certificate recognized by a state as the equivalent of a high school diploma; or

(iii) 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

(B) meet any other qualifications requested by the individual or LAR based on the individual's needs and preferences.

(e) A DSA may not contract with or employ a service provider who is employed by or contracting with a CMA to provide case management to an individual served by the DSA.

(f) A DSA must ensure that a staff person who transports an individual in a vehicle has:

(1) a current Texas driver's license; and

(2) vehicle liability insurance in accordance with state law.

Source Note: The provisions of this §259.355 adopted to be effective January 30, 2023, 48 TexReg 362