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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 108DIVISION FOR EARLY CHILDHOOD INTERVENTION SERVICES
SUBCHAPTER CSTAFF QUALIFICATIONS
RULE §108.317Staff Who Do Not Hold a License or EIS Credential and Provide Early Childhood Intervention Services to Children and Families

(a) The contractor must comply with DARS ECI requirements related to minimum qualifications of direct service staff members who do not hold a license or EIS credential. A direct service staff member who does not hold a license or EIS credential must hold a high school diploma or certificate recognized by the state as an equivalent of a high school diploma and:

  (1) have completed two years of documented paid experience providing services to children and families; or

  (2) provide behavioral intervention services according to a structured plan supervised by one of the following:

    (A) Board Certified Behavior Analyst; or

    (B) one of the following who is trained in Positive Behavior Supports or Applied Behavior Analysis:

      (i) Licensed Psychologist licensed by the Texas State Board of Examiners of Psychologists;

      (ii) Licensed Psychological Associate (LPA) licensed by the Texas State Board of Examiners of Psychologists;

      (iii) Licensed Professional Counselor (LPC) licensed by the Texas State Board of Examiners of Professional Counselors;

      (iv) Licensed Clinical Social Worker (LCSW) licensed by the Texas State Board of Social Work Examiners; or

      (v) Licensed Marriage and Family Therapist (LMFT) licensed by the Texas State Board of Examiners of Marriage and Family Therapists.

(b) The contractor must comply with DARS ECI requirements related to continuing education of direct service staff members who do not hold a license or EIS credential. A direct service staff member who does not hold a license or EIS credential must complete:

  (1) a minimum of ten contact hours of approved continuing education each year; and

  (2) an additional three contact hours of training in ethics every two years.

(c) The contractor must comply with DARS ECI requirements related to supervision of direct service staff members who do not hold a license or EIS credential.

  (1) The contractor must provide a direct service staff member who does not hold a license or EIS credential documented supervision as defined in §108.309(e) of this title (relating to Minimum Requirements for All Direct Service Staff) as required by DARS ECI.

  (2) An ECI staff member who has two years of experience providing early childhood intervention services is qualified to supervise a direct service staff member who does not hold a license or EIS credential.

(d) The contractor must comply with DARS ECI requirements related to ethics for direct service staff members who do not hold a license or EIS credential. A direct service staff member who does not hold a license or EIS credential must meet the rules of conduct and ethics established in §108.319 of this title (relating to EIS Code of Ethics).


Source Note: The provisions of this §108.317 adopted to be effective September 1, 2011, 36 TexReg 5387; amended to be effective July 1, 2012, 37 TexReg 4621; amended to be effective September 1, 2013, 38 TexReg 5524

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