(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.

Source Note: The provisions of this §259.357 adopted to be effective January 30, 2023, 48 TexReg 362