The provider agency must:
  (1) be licensed by DHS as a home and community support services agency as described in Chapter 97 of this title (relating to Licensing Standards for Home and Community Support Services Agencies);
  (2) deliver services in the SSPD Program under the Personal Assistance Services or Licensed Home Health categories of licensure;
  (3) arrange for each residence to have a telephone or an emergency response device for requesting assistance in emergency situations and for requesting assistance with activities of daily living;
  (4) have a written emergency assistance and evacuation plan for each residence. The local fire marshal must approve the evacuation plan;
  (5) train all clients in the emergency procedures and evacuation plan within three days from the date of service initiation. The provider agency must document in each client file that the client received the training;
  (6) ensure that at least one employee, certified in the following courses, is on the premises during the hours services are provided:
    (A) United States Department of Labor, Occupational Health and Safety Administration (OSHA) or equivalent first aid and personal safety; and
    (B) basic life-support and cardiopulmonary resuscitation; and
  (7) ensure that there are current physician's orders in accordance with applicable law if the attendant(s) provides delegated medical or nursing tasks. The provider agency must maintain a copy of all physician's orders in the client file.

Source Note: The provisions of this §58.111 adopted to be effective April 1, 2004, 29 TexReg 2381