(a) To be certified to provide services pursuant to Texas Government Code §81.1011, a benefits counselor must meet the following requirements:
  (1) Be an employee or volunteer of an area agency on aging affiliated with the Texas Department on Aging who provides benefits counseling services through an area agency on aging system of access and assistance to persons age 60 years and older and/or their family members or other caregivers, and
  (2) Have received the training in providing technical advice, consultation, and assistance, described in subsection (b) of this section.
(b) The training referred to in subsection (a)(2) of this section must:
  (1) Be approved by the Texas Department on Aging; and
  (2) Include the following components:
    (A) statutory, regulatory, and policy provisions applicable to advance directives in Texas;
    (B) the use of letters, questionnaires, and checklists for gathering information to provide technical advice, consultation and document preparation for clients;
    (C) conducting the client interview (including confidentiality and conflict of interest considerations);
    (D) how to complete, sign, and witness, the Advance Directives provided for in the Texas Health and Safety Code, Chapter 166, and how to complete, sign, and witness, the Designation of Guardian Before Need Arises provided for in the Texas Probate Code §679;
    (E) how revocation of the documents referred to in subparagraph (D) of this paragraph is accomplished; and
    (F) proper procedures for filing and informing health care personnel about the documents referred to in subparagraph (D) of this paragraph.
  (3) Include an assessment tool approved by the Texas Department on Aging that verifies that the employee or volunteer providing benefits counseling through an area agency on aging system of access and assistance has sufficient knowledge after the training described in paragraphs (1) and (2) of this subsection, to provide high quality services that meet the needs of clients for technical advice, consultation, and document preparation in regard to the Advance Directives in Texas Health and Safety Code, Chapter 166, and in regard to the Designation of Guardian Before Need Arises provided for in the Texas Probate Code §679. The assessment tool shall require a score of 70% correct answers as the minimum passing grade.
(c) The Texas Department on Aging shall certify an employee or volunteer providing benefits counseling through an area agency on aging system of access and assistance who has completed the training described in subsection (b)(1) and (2) of this section and who has completed the assessment tool with a score of 70% or higher to provide services under Texas Government Code §81.1011. Each area agency on aging has the discretion to decide whether the services authorized under Texas Government Code §81.1011, shall be offered by the area agency on aging.

Source Note: The provisions of this §213.53 adopted to be effective December 3, 2001, 26 TexReg 9914; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842; transferred effective June 15, 2021, as published in the May 28, 2021 issue of the Texas Register, 46 TexReg 3422