(a) An employer or DR must, for each service that requires a service provider to be licensed, certified, or have other official or legal permission to perform a specific service:
  (1) obtain and retain a copy or other documentation on file to verify the current status of the applicant's license, certification, or other permission; and
  (2) submit a copy of the document verifying current status to the CDSA.
(b) An employer or DR must:
  (1) obtain and retain documentation while the service provider is providing services to verify that the service provider's license, certification, or other legal or official permission is maintained; and
  (2) provide documentation to the CDSA within 30 calendar days after the renewal date of the service provider's license, certification, or other permission.
(c) If applicable, the employer or DR must obtain a copy from the service provider of:
  (1) the current complaint procedure for each of the service provider's authorities; and
  (2) the service provider's professional liability insurance coverage.
(d) An employer is responsible for services delivered by the service provider prior to the employee receiving verification of a service provider's eligibility in writing from the CDSA.
(e) When contracting with an entity, the employer and the entity must complete a service agreement in which the entity certifies that the entity has checked and verified that each person delivering a service to the individual on behalf of the entity is in compliance with, and will maintain compliance with, this section.

Source Note: The provisions of this §41.229 adopted to be effective January 1, 2007, 31 TexReg 10352