Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
Subchapter H - ADDITIONAL DSA REQUIREMENTS
Section 259.357 - Training of DSA Staff Persons, Service Providers, and Volunteers
Universal Citation: 26 TX Admin Code ยง 259.357
Current through Reg. 49, No. 38; September 20, 2024
(a) A DSA must ensure that:
(1) a DSA staff person who has
direct contact with an individual completes training described in the Community
Living Assistance and Support Services Provider Manual; and
(2) a DSA staff person whose duties include
participating as a member of a service planning team completes HHSC's web-based
Introductory Training within six months after assuming this duty.
(b) A DSA must ensure that, before providing services to an individual:
(1) a
service provider of transportation as a habilitation activity completes:
(A) two hours of orientation covering the
following:
(i) an overview of related
conditions; and
(ii) an explanation
of commonly performed tasks regarding habilitation;
(B) training in cardiopulmonary resuscitation
and choking prevention that includes an in-person evaluation by a qualified
instructor of the service provider's ability to perform these actions;
and
(C) training necessary to meet
the needs and characteristics of the individual to whom the service provider is
assigned, in accordance with the Community Living Assistance and Support
Services Provider Manual, with training to occur in the individual's home with
full participation from the individual, if possible; and
(2) a service provider of CFC PAS/HAB
completes:
(A) two hours of orientation
covering the following:
(i) an overview of
related conditions; and
(ii) an
explanation of commonly performed CFC PAS/HAB activities;
(B) training in cardiopulmonary resuscitation
and choking prevention that includes an in-person evaluation by a qualified
instructor of the service provider's ability to perform these actions;
and
(C) training in the CFC PAS/HAB
activities necessary to meet the needs and characteristics of the individual to
whom the service provider is assigned, in accordance with the Community Living
Assistance and Support Services Provider Manual, with training to occur in the
individual's home with full participation from the individual, if possible.
(c) A DSA must, if requested by an individual or LAR:
(1) 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
(2) 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.
(d) The supervisor of a service provider of transportation as a habilitation activity or CFC PAS/HAB must, in accordance with the Community Living Assistance and Support Services Provider Manual, evaluate the performance of the service provider, in person, to ensure the needs of the individual are being met. The evaluation must occur annually.
(e) A DSA must:
(1) ensure that each service provider, staff
person, and volunteer of the DSA:
(A) is
trained on and knowledgeable of:
(i) acts
that constitute abuse, neglect, and exploitation of an individual;
(ii) signs and symptoms of abuse, neglect,
and exploitation; and
(iii) methods
to prevent abuse, neglect, and exploitation;
(B) is instructed to report to DFPS
immediately, but not later than 24 hours, after having knowledge or suspicion
that an individual has been or is being abused, neglected, or exploited, by:
(i) calling the DFPS Abuse Hotline toll-free
telephone number, 1-800-252-5400; or
(ii) using the DFPS Abuse Hotline website;
and
(C) is provided with
the instructions described in subparagraph (B) of this paragraph in
writing;
(2) conduct the
activities described in paragraph (1) of this subsection:
(A) within one year after the person's most
recent training on abuse, neglect, and exploitation and annually thereafter, if
the service provider, staff person, or volunteer of the DSA was hired before
July 1, 2019; or
(B) before
assuming job duties and annually thereafter, if the service provider, staff
person, or volunteer of the DSA is hired on or after July 1, 2019;
and
(3) document:
(A) the name of the person who received the
training required by this subsection;
(B) the date the training was conducted or
completed; and
(C) except for the
training described in subsection (a)(2) of this section, the name of the person
who conducted the training.
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