(a) A person must meet the following qualifications to be eligible to deliver support consultation as a support advisor:
  (1) be:
    (A) at least 18 years old;
    (B) a high school graduate or posses certification of equivalency; and
    (C) a person who does not provide a program service to the individual, other than support consultation and FMS through the CDS option;
  (2) have documentation of attendance and completion of:
    (A) initial training required by and conducted or authorized by DADS; and
    (B) ongoing training if required by and conducted or authorized by DADS;
  (3) meet criteria of:
    (A) §41.225 of this chapter (relating to Criminal Conviction History Checks);
    (B) §41.227 of this chapter (relating to Required Registry Checks);
    (C) §41.231 of this chapter (relating to Verification of Eligibility of an Employee or Contractor) if contracted by the employer; and
    (D) requirements of the individual's program when applicable; and
  (4) be:
    (A) retained by the employer; or
    (B) an employee or contractor of:
      (i) a CDSA; or
      (ii) another entity.
(b) To provide support consultation as a support advisor, a person must demonstrate competency in the delivery of support consultation services as determined by DADS. To be a support advisor, the person must demonstrate competency to DADS in:
  (1) principles of self-determination;
  (2) the provisions of this chapter;
  (3) the provisions and requirements of DADS home and community-based programs offering the CDS option, including:
    (A) the scope and definition of services provided by each program;
    (B) requirements for documentation of service delivery;
    (C) allowable and non-allowable expenditures; and
    (D) the application of CDS in each program;
  (4) methods for accessing information and resources timely through government agencies, including DADS, related to the CDS option and employer responsibilities;
  (5) documentation requirements to meet employer responsibilities; and
  (6) roles and responsibilities of:
    (A) the support advisor;
    (B) the CDSA;
    (C) the case manager or service coordinator;
    (D) the individual receiving services;
    (E) the employer;
    (F) service providers;
    (G) the DR; and
    (H) traditional program providers and agencies.
(c) An employer or DR must not retain a support advisor applicant for service delivery before:
  (1) receiving authorization for support consultation by the individual's service planning team;
  (2) obtaining written approval from the CDSA of the budget for funds for the service; and
  (3) obtaining written approval from the CDSA of the applicant's eligibility.
(d) An employer or DR must ensure that a support advisor meets the service provider requirements of this chapter, including:
  (1) obtaining documentation required to verify the applicant's qualifications and eligibility to provide support consultation services; and
    (A) submit documentation to the CDSA for review of the person's eligibility;
    (B) obtaining approval from the CDSA of the person's eligibility to provide support consultation services; and
    (C) maintaining documentation to verify continued eligibility during service delivery;
  (2) entering into a service agreement with the contractor using the appropriate DADS form;
  (3) assisting the CDSA in obtaining a completed service agreement between the support advisor and the CDSA before initial payment for delivery of services; and
  (4) retaining documentation of services delivered by the contractor.
(e) Upon retaining a support advisor employed by or contracted with a CDSA or an entity, the employer must obtain from the CDSA or the entity documentation required to verify the individual's qualifications and ongoing eligibility to provide support consultation services.

Source Note: The provisions of this §41.603 adopted to be effective January 1, 2007, 31 TexReg 10352