(a) The service provider agency must maintain a continuous and adequate network of qualified individual service providers and must allow for choice whenever possible.
(b) The service provider agency must ensure the continuous availability of trained and qualified individual service providers to provide the IHSS on a designated resident's plan of care.
(c) The service provider agency must ensure that individual service providers are not the LAR of the designated resident and are not related to the designated resident in anything less than a third degree by blood or second degree by marriage.
(d) The service provider agency must comply with applicable laws and rules to ensure that:
  (1) its operations meet necessary requirements; and
  (2) individual service providers possess legally necessary licenses, certifications, registrations, or other credentials and are in good standing with the appropriate professional agency before performing any function or delivering services.
(e) The service provider agency must conduct initial and periodic training that ensures individual service providers are trained and qualified to deliver services as required by the current needs of the designated resident for whom they deliver services.
(f) The service provider agency must:
  (1) prevent conflicts of interest between provider personnel and a designated resident;
  (2) prevent abuse, neglect, or exploitation of a designated resident;
  (3) prevent the restriction of rights of the designated resident; and
  (4) implement and maintain personnel practices that safeguard a designated resident against infectious and communicable diseases.
(g) The service provider agency must ensure that an individual service provider of independent living skills training or day habilitation:
  (1) is at least 18 years of age; and
  (2) has one of the following:
    (A) a high school diploma or a certificate recognized by a state as the equivalent of a high school diploma; or
    (B) documentation of a proficiency evaluation of experience and competence to perform the job tasks that includes:
      (i) a written competency-based assessment of the ability to document service delivery and observations of a designated resident to be served; and
      (ii) at least three written personal references from individuals not related by blood or marriage to the individual service provider that indicate the individual service provider can provide a safe, healthy environment for a designated resident being served.
(h) The service provider agency must ensure that an individual service provider of employment assistance or supported employment:
  (1) is at least 18 years of age; and
  (2) has one of the following:
    (A) a bachelor's degree in rehabilitation, business, marketing, or a related human services field, and at least six months of paid or unpaid experience providing services for people with disabilities;
    (B) an associate degree in rehabilitation, business, marketing, or a related human services field, and at least one year of paid or unpaid experience providing services for people with disabilities; or
    (C) a high school diploma or a certificate recognized by a state as the equivalent of a high school diploma, and at least two years of paid or unpaid experience providing services for people with disabilities.
(i) The service provider agency must ensure that experience required is evidenced by a written statement from an individual who:
  (1) paid for the service or supervised the provision of the service, for paid experience; and
  (2) has personal knowledge of the experience, for unpaid experience.
(j) The service provider agency must ensure that an individual who provides transportation:
  (1) has a valid driver's license; and
  (2) transports designated residents in a vehicle insured in accordance with state law.
(k) The service provider agency must ensure that an individual service provider of behavioral support:
  (1) is licensed as a psychologist in accordance with Texas Occupations Code, Chapter 501;
  (2) is licensed as a psychological associate in accordance with Texas Occupations Code, Chapter 501;
  (3) has been issued a provisional license to practice psychology in accordance with Texas Occupations Code, Chapter 501;
  (4) is licensed as a behavior analyst in accordance with Texas Occupations Code, Chapter 506;
  (5) is licensed as a clinical social worker in accordance with Texas Occupations Code, Chapter 505; or
  (6) is licensed as a professional counselor in accordance with Texas Occupations Code, Chapter 503.

Source Note: The provisions of this §368.406 adopted to be effective September 1, 2021, 46 TexReg 4151