(a) A program provider must ensure that a behavioral support service provider:
  (1) is licensed as a psychologist in accordance with the Texas Occupations Code Chapter 501;
  (2) is a provisional license holder licensed in accordance with the Texas Occupations Code Chapter 501;
  (3) is licensed as a psychological associate in accordance with the Texas Occupations Code Chapter 501;
  (4) is licensed as a licensed behavior analyst in accordance with the Texas Occupations Code Chapter 506;
  (5) is licensed as a clinical social worker in accordance with the Texas Occupations Code Chapter 505;
  (6) is licensed as a professional counselor in accordance with the Texas Occupations Code Chapter 503; or
  (7) is a behavior communication specialist who has:
    (A) a master's or a doctoral degree in special education, psychology, or a related human services discipline from an accredited university or college, and three years of experience providing direct services to individuals who have deafblindness; or
    (B) a bachelor's degree in psychology or special education from an accredited university or college and seven years of experience providing direct services to individuals who have deafblindness and multiple disabilities.
(b) A program provider must ensure that the behavioral support service provider:
  (1) conducts an assessment of an individual's maladaptive behavior identified by the service planning team with an emphasis on communication barriers as a contributing factor;
  (2) analyzes assessment findings;
  (3) develops an individualized behavior support plan that describes strategies to address communication barriers consistent with goals and outcomes identified in the IPP;
  (4) trains and consults with individual's family members and other service providers on implementation of the behavior support plan;
  (5) monitors and evaluates effectiveness of the behavior support plan; and
  (6) modifies the behavior support plan, as necessary.
(c) A program provider must ensure the behavioral support service provider conducts periodic evaluations of the individual's progress toward achieving the goals and outcomes described in the IPP with updates to the program provider.
(d) A program provider may bill HHSC for the following activities by a behavioral support service provider:
  (1) assessing and evaluating the need for behavioral support services;
  (2) developing and implementing a behavior support plan;
  (3) periodic evaluations of the individual's progress toward achieving the goals and outcomes described in the behavior support plan, including updates to the program provider;
  (4) providing direct therapeutic intervention;
  (5) consulting with the individual's psychiatrist;
  (6) interacting with the individual or LAR regarding the individual's condition and progress toward or achievement of goals;
  (7) training and consulting with individual's family members and other service providers concerning implementation of the behavior support plan;
  (8) participating in service planning team meetings, if requested;
  (9) if the behavioral support service provider is licensed as described in subsection (a)(1) or (3) of this section, supervising and training an unlicensed service provider, for example, a service provider of day habilitation or CFC PAS/HAB, within the scope of 22 TAC Part 21, (relating to the Texas State Board of Examiners of Psychologists); and
  (10) participating in a fair hearing at the request of a member of the service planning team to provide information within the scope of the service provider's licensure or certification, as appropriate.

Source Note: The provisions of this §260.333 adopted to be effective February 26, 2023, 48 TexReg 896