(a) In this section, the term "program provider" does not include a program provider that operates a campus-based facility.
(b) In this section, the following terms have the following meanings.
  (1) Day habilitation center--A building or a portion of a building:
    (A) that is not located within a program provider's facility;
    (B) that the program provider or a subcontractor of the program provider owns or leases; and
    (C) in which active treatment is provided to an individual by the program provider or a subcontractor of the program provider.
  (2) Emergency preparedness and response plan--A written plan that describes the actions that will be taken to protect individuals, including evacuation or sheltering-in-place, in the event of an emergency in a day habilitation center, such as a fire or other man-made or natural disaster.
(c) If a program provider operates a day habilitation center, the program provider must:
  (1) conduct, at least once every 90 days, a fire drill during which individuals evacuate the day habilitation center;
  (2) prominently post, in an area of the day habilitation center that is readily accessible to individuals, employees, contractors, volunteers, and visitors, a notice of the requirement to report an allegation of abuse, neglect, or exploitation of an individual and how to report such an allegation to the Department of Family and Protective Services (DFPS) toll free telephone number at 1-800-647-7418; and
  (3) have an emergency preparedness and response plan.
(d) If a subcontractor of a program provider operates a day habilitation center, the program provider must:
  (1) have a written agreement with the subcontractor that requires the subcontractor:
    (A) to conduct, at least once every 90 days, a fire drill during which individuals evacuate the day habilitation center;
    (B) to have an emergency preparedness and response plan;
    (C) to prominently post, in an area of the day habilitation center that is readily accessible to individuals, employees, contractors, volunteers, and visitors, a notice of the requirement to report an allegation of abuse, neglect, or exploitation of an individual and how to report such an allegation to the DFPS toll free telephone number at 1-800-647-7418;
    (D) to search the nurse aide registry (NAR) and the employee misconduct registry (EMR), before the subcontractor hires an unlicensed applicant for employment, contracts with an unlicensed independent contractor, or uses an unlicensed volunteer who will have direct contact with an individual receiving active treatment in the day habilitation center, using the DADS Internet website to confirm that the unlicensed applicant, independent contractor, or volunteer is not listed in either registry as unemployable;
    (E) to provide written information to the unlicensed applicant, independent contractor, or volunteer about the EMR that complies with the requirements of §93.3(c) of this title (relating to Employment and Registry Information);
    (F) to search the NAR and the EMR at least once every twelve months using the DADS Internet website to confirm that the unlicensed employee, independent contractor, or volunteer is not listed in either registry as unemployable;
    (G) to conduct a criminal history check and verify that the unlicensed applicant's, independent contractor's, or volunteer's criminal history information does not include a conviction that bars employment under the Texas Health and Safety Code §250.006, before the unlicensed applicant, independent contractor, or volunteer has direct contact with an individual receiving active treatment in the day habilitation center; and
    (H) to provide active treatment to the individual in accordance with the individual's IPP and keep a copy of the IPP in the day habilitation center;
  (2) monitor the subcontractor to ensure that the subcontractor is in compliance with the written agreement described in paragraph (1) of this subsection; and
  (3) maintain records of its monitoring of the subcontractor.

Source Note: The provisions of this §261.230 adopted to be effective September 28, 2016, 41 TexReg 7511; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127