Part 2.
DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
Chapter 101.
ADMINISTRATIVE RULES AND PROCEDURES
Subchapter I. ADMINISTRATIVE RULES AND PROCEDURES PERTAINING TO EARLY CHILDHOOD INTERVENTION SERVICES
The Texas Health and Human Services Commission proposes the repeal
of four sections, and the amendment of an additional five sections, of Title
40, Part 2, Chapter 101, Subchapter I, of the rules of the Department of Assistive
and Rehabilitative Services, pertaining to the Early Childhood Intervention
Services. The four sections to be repealed are: §§101.5601, 101.5603,
101.5605 and 101.5607, concerning Division 1, Conduct of Board Meetings. The
five sections to be amended are: §§101.5751, 101.5753, 101.5755,
101.5757 and 101.5759, concerning Division 3, Relationship With Private Donors.
The repeals and amendments are being proposed to conform the rules pertaining
to Early Childhood Intervention Services to the organizational and operational
requirements of House Bill 2292, 78th Legislature, Regular Session, and to
conform nomenclature used in the rules to that resulting from consolidation
of Health and Human Services Agencies under the Texas Health and Human Services
Commission.
Bill Wheeler, Chief Financial Officer, Department of Assistive and Rehabilitative
Services, estimates that for each year of the first five years that the repeals
and amendments will be in effect, there will be no material fiscal implications
for state or local government.
Mr. Wheeler also estimates that for each year of the first five years the
repeals and amendments will be in effect, the public benefit anticipated as
a result of adopting the proposed changes will be the agency's compliance
with House Bill 2292, 78th Legislature, Regular Session, and other existing
provisions of law pertaining to provision of health and human services in
Texas. There should be no material economic cost to persons who are required
to comply with the rules as proposed for repeal and amendment. There should
be no material effect to small or micro businesses. In accordance with Government
Code §2001.022, the Health and Human Services Commission has determined
that the proposed repeals and amendments will not affect a local economy.
Comments on the proposal may be submitted to Roger Darley, Deputy General
Counsel, Department of Assistive and Rehabilitative Services, 4800 North Lamar
Boulevard, Suite 300, Austin, Texas 78756.
1.
CONDUCT OF BOARD MEETINGS
40 TAC §§101.5601, 101.5603, 101.5605, 101.5607
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Department of Assistive and Rehabilitative Services or in the Texas
Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeals are proposed under the Government Code,
Chapter 531, §531.0055(e), which provides the Executive Commissioner
of the Health and Human Services Commission with the authority to promulgate
rules for the operation and provision of health and human services by health
and human services agencies.
No other statute, article, or code is affected by this proposal.
§101.5601.Introduction.
§101.5603.Applicability of Texas Open Meetings Law.
§101.5605.Council Procedures.
§101.5607.Public Participation.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on June 13, 2006.
TRD-200603250
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 424-4050
40 TAC §§101.5751, 101.5753, 101.5755, 101.5757, 101.5759
The amendments are proposed under the Government Code, Chapter
531, §531.0055(e), which provides the Executive Commissioner of the Health
and Human Services Commission with the authority to promulgate rules for the
operation and provision of health and human services by health and human services
agencies.
No other statute, article, or code is affected by this proposal.
§101.5751.Purpose.
The purpose of these sections is to establish the criteria, procedures,
and standards of conduct governing the relationship between the
Department
of Assistive and Rehabilitative Services (DARS)
[
§101.5753.Definitions.
The following words and terms, when used in these sections, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Commissioner--Commissioner of the Department of Assistive
and Rehabilitative Services.
[
(2)
Department--Department of Assistive and Rehabilitative
Services.
[
(3)
Division--Division for Early Childhood Intervention
Services (ECI).
[
(4)
Donation--A contribution of anything of value (financial
or in-kind gifts such as goods or services) given to the
Department
[
(5)
Employee--A regular full-time or part-time employee of
the
Department
[
[(6)
Officer--A member of the Board of the
Council.]
(6)
[
(7)
[
§101.5755.Donations by Private Donors to the Department of Assistive and Rehabilitative Services [
(a)
All donations to the
Department
[
(b)
All donations will be coordinated through the
Assistant
Commissioner, Division for Early Childhood Intervention Services
[
(c)
The
Department
[
§101.5757.Relationship Between Private Organizations and the Department of Assistive and Rehabilitative Services, Division for Early Childhood Intervention Services [
(a)
A private organization that exists to further the duties
and purposes of the
Department's ECI mission and programs
[
(1)
the relationship between the private organization and the
Department
[
(2)
fundraising and solicitation;
(3)
the use of all funds and other donations from fundraising
or solicitation, minus the legitimate expenses described in the MOU, for the
benefit of the
Department's ECI Division
[
(4)
the maintenance by the private organization of receipts
and documentation of all funds and other donations received, including furnishing
such records to the
Department
[
(5)
the furnishing to the
Department
[
(6)
the conditions under which the
Department
[
(b)
The
Department
[
(1)
the ultimate use of the funds, less administrative expenses,
will benefit early childhood intervention programs and is consistent with
and will further the goals and mission of the
Department
[
(2)
such fund raising activity does not violate rules governing
standards of conduct between
Department
[
(c)
The
Department
[
(d)
With regard to all funds received:
(1)
The private organization shall maintain receipts and documentation
of all funds and other donations received, and shall furnish such documentation
to the
Department
[
(2)
The private organization shall maintain all funds in insured
accounts at established financial institutions, unless the organization and
the
Commissioner of the Department of Assistive and Rehabilitative Services
[
(3)
State funds held by the organization shall be invested
according to the state's Public Funds Investment Act.
(4)
The organization shall obtain an independent audit on an
annual basis and submit the results to the
Commissioner of the Department
of Assistive and Rehabilitative Services
[
(5)
Funds generated by the organization will be spent in accordance
with the organization's established priorities.
Department
[
(6)
Expenditures of funds by the organization shall meet requirements
of the source of the funds, if applicable.
(7)
The organization may solicit and accept corporate sponsorships
and will ensure the sponsorships serve and support the organization and
Department's Early Childhood Intervention
[
(8)
Fundraising for the organization shall be conducted by
organization employees and Board members and not by state employees with regulatory
authority over the potential donor or those for whom it could pose a conflict
of interest with a potential donor.
(9)
No funding generated by the organization shall be used
to provide a salary supplement or bonus to any state employee.
(10)
The organization shall perform an annual evaluation of
its achievement of established goals/objectives to determine the effectiveness
of the organization.
§101.5759.Standards of Conduct for [
(a)
An [
(b)
An [
(c)
An [
(d)
An [
(e)
An [
(f)
The Commissioner of the Department of Assistive and
Rehabilitative Services or the Assistant Commissioner for the Division for
Early Childhood Intervention Services
[
(g)
An [
(h)
The relationship between a private donor and a private
organization and the
Department
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on June 13, 2006.
TRD-200603251
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 424-4050
The Texas Health and Human Services Commission proposes the repeal
and the amendment of the following sections of Title 40, Part 2, Chapter 108,
of the rules of the Department of Assistive and Rehabilitative Services, pertaining
to the Early Childhood Intervention Services. The following sections will
be amended: §§108.21, 108.23, 108.25, 108.27, 108.29, 108.31, 108.33,
108.35, 108.37, 108.39, 108.43, 108.57, 108.59, 108.61, 108.63, 108.65, 108.85,
108.87, 108.89, 108.91, 108.221, 108.223, 108.225, 108.227, 108.229, 108.231,
108.233, 108.261, 108.263, 108.265, concerning Early Childhood Intervention
Services. The following section will be repealed: §108.237, concerning
Reviews and Administrative Hearings.
The repeal and amendments are being proposed to conform the rules pertaining
to Early Childhood Intervention Services to the organizational and operational
requirements of House Bill 2292, 78th Legislature, Regular Session, and to
conform nomenclature used in the rules to that resulting from consolidation
of Health and Human Services Agencies under the Texas Health and Human Services
Commission.
In addition, the repeals and amendments accomplish the following:
--removes requirements that are now included in provider contracts,
--streamlines restrictions on physicals for referrals consistent with current
law;
--removes a partial listing of eligible medical conditions to instead reference
the complete list which is available on the Department of Assistive and Rehabilitative
Services website and Appendix;
--adds a requirement from the IDEA reauthorization that transition planning
meetings may not occur more than 270 days before the child's third birthday;
--provides for the loss of professional status for early intervention specialists
who fail to report timely;
--allows in-house safety and sanitation inspections for non-consumer service
areas;
--increases the dollar value threshold for equipment reporting;
--eliminates the requirement that a court reporter prepare a transcript
for each hearing to instead require that the hearing be recorded and that
a transcript be provided on request;
--revises the ECI Advisory Committee composition and duties, including:
replacing legacy agencies with HHS Enterprise agencies, allowing the Governor
to have a designee make appointments, aligning the committee's duties with
federal requirements, and establishing standard grounds for removal of members
who no longer meet qualifications;
--expands the qualifications for parent representatives on the ECI advisory
committee to include parents of children with developmental delay, as well
as those with developmental disabilities.
Bill Wheeler, Chief Financial Officer, Department of Assistive and Rehabilitative
Services, estimates that for each year of the first five years that the repeal
and amendments will be in effect, there will be no material fiscal implications
for state or local government.
Mr. Wheeler also estimates that for each year of the first five years the
repeal and amendments will be in effect, the public benefit anticipated as
a result of adopting the proposed changes will be the agency's compliance
with House Bill 2292, 78th Legislature, Regular Session, and other existing
provisions of law pertaining to provision of health and human services in
Texas. There should be no material economic cost to persons who are required
to comply with the rules as proposed for repeal and amendment. There should
be no material effect to small or micro businesses. In accordance with Government
Code §2001.022, the Health and Human Services Commission has determined
that the proposed repeal and amendments will not affect a local economy.
Comments on the proposal may be submitted to Roger Darley, Deputy General
Counsel, Department of Assistive and Rehabilitative Services, 4800 North Lamar
Boulevard, Suite 300, Austin, Texas 78756.
Subchapter A. EARLY CHILDHOOD INTERVENTION SERVICE DELIVERY
40 TAC §§108.21, 108.23, 108.25, 108.27, 108.29, 108.31, 108.33, 108.35, 108.37, 108.39, 108.43
The amendments are proposed under the Government Code, Chapter
531, §531.0055(e), which provides the Executive Commissioner of the Health
and Human Services Commission with the authority to promulgate rules for the
operation and provision of health and human services by health and human services
agencies.
No other statute, article, or code is affected by this proposal.
§108.21.Purpose.
These sections are intended to implement the provisions of the Interagency
Council on Early Childhood Intervention Act, Human Resources Code, Chapter
73, and the Individuals with Disabilities Education Act, Part C
(20 U.S.C.
Sections 1431-1444)
[
§108.23.Definitions.
The following words and terms, when used in this chapter, will have
the following meanings, unless the context clearly indicates otherwise.
(1) - (3)
(No change.)
(4)
Committee--Advisory Committee to the
Department concerning
early childhood intervention services
[
(5)
Complaint--A formal written allegation submitted to the
department
[
(6)
Comprehensive services--Individualized intervention services,
as determined by the interdisciplinary team and listed in the Individualized
Family Service Plan (IFSP). Services are further defined in
§108.25(5)(C)
- (E)
[
(7)
Department
[
(8) - (11)
(No change.)
(12)
Family Educational Rights and Privacy Act of 1974 (FERPA)--
20 U.S.C. Section 1232g; 34 CFR Part 99 - Federal law that outlines privacy
[
(13) - (22)
(No change.)
(23)
Provider--A local private or public agency with proper
legal status and governed by a board of directors that accepts funds from
the
Department
[
(24)
Public agency--The
Department
[
(25) - (26)
(No change.)
(27)
Referral date--The date the child's name and sufficient
information to contact the family was obtained by the agency receiving funds
for ECI services
from the
Department
[
(28)
Service coordinator (case manager)--A staff person
with a local ECI provider who is
assigned to a child or family who is
the single contact point for families, and who is responsible for assisting
and empowering families to receive the rights, procedural safeguards, and
services authorized by these rules and
Department
[
(29)
Services--Individualized intervention services, as determined
by the interdisciplinary team and listed in the IFSP. Services are further
defined in
§108.25(5)(C) - (E)
[
(30) - (32)
(No change.)
(33)
UGMS
[
§108.25.Service Delivery Requirements for Comprehensive Services.
Programs that receive Early Childhood Intervention (ECI) funds for
comprehensive services must have written policies and procedures which are
implemented and evaluated in each of the following areas.
(1)
Client eligibility. The comprehensive program must have
written criteria for determining infants and toddlers with disabilities and
accepting them into the program.
(A) - (B)
(No change.)
(C)
Determination of eligibility shall be as follows.
(i)
(No change.)
(ii)
Children who have a medically diagnosed physical or mental
condition that has a high probability of resulting in developmental delay
must be determined eligible by identification of specific conditions with
known etiologies and developmental consequences
that are included in
the list of covered medical conditions approved by the Department.
[
[(I)
Down syndrome and other chromosomal abnormalities;]
[(II)
sensory impairments;]
[(III)
inborn errors of metabolism;]
[(IV)
microcephaly;]
[(V)
failure to thrive;]
[(VI)
seizure disorders; and ]
[(VII)
fetal alcohol syndrome.]
(2) - (3)
(No change.)
(4)
Health admission requirement for comprehensive services.
(A)
Each child must have an examination by a physician,
physicians assistant,
an advanced pediatric nurse practitioner or clinician,
or a registered nurse in a public health clinic. [
(B)
(No change.)
(C)
Children who will be participating in any ECI group activities
must have immunizations appropriate to the child's age as recommended by the
Texas Department of
State Health Services (DSHS)
[
(5)
Individualized family service plan (IFSP). An IFSP must
be developed for each child eligible for comprehensive services and the child's
family. Services must be delivered in conformity with an IFSP.
(A) - (B)
(No change.)
(C)
Required early intervention comprehensive services. Individualized
intervention services, as determined by the interdisciplinary team, must be
provided under public supervision in all geographic areas of the state to
meet the developmental needs of the child, and to address the resources, priorities,
and concerns of the family related to enhancing the child's development. All
services identified as needed for the child by the interdisciplinary team
must be addressed in the IFSP. With concurrence of the family, all services
identified as needed by the family may be addressed in the IFSP. The array
of services must include, but is not limited to, the following:
(i) - (iii)
(No change.)
(iv)
developmental services
[
(v) - (xx)
(No change.)
(D)
Types of services. For the purpose of this chapter the
following types of services apply.
(i) - (xi)
(No change.)
(xii)
Developmental
[
(I) - (IV)
(No change.)
(xiii) - (xvi)
(No change.)
(E) - (G)
(No change.)
(H)
Contents of the plan. Programs which receive funds from
the
Department of Assistive and Rehabilitative Services, Division for
Early Childhood Intervention Services
[
(i) - (ii)
(No change.)
(iii)
The IFSP must include a statement of the major [
(I) - (II)
(No change.)
(iv) - (vii)
(No change.)
(I)
Transition. The IFSP must include the steps to be taken
to support the transition of the child to public school preschool services
(Part B of the Individuals with Disabilities Education Act), upon reaching
the age of three, or to other services that may be available, if appropriate.
The steps required include:
(i) - (iii)
(No change.)
(iv)
with the approval of the family, the convening of a conference
among the
local ECI provider
[
(I) - (II)
(No change.)
(J) - (K)
(No change.)
(L)
Reimbursement for comprehensive service.
(i)
All programs will be required to establish third-party
billing systems, determine client eligibility for all third-party reimbursement
sources, and complete and submit reimbursement requests to corresponding third-party
sources, in accordance with clause (iii) of this subparagraph. Third parties
include, but are not limited to, health maintenance organizations (HMOs),
private insurance, Medicaid programs (
Texas Health Steps
[
(ii)
Certain
[
(iii)
(No change.)
(iv)
Programs will be required to encourage the family to apply
for all applicable funding resources for which they are potentially eligible
including, but not limited to, Medicaid
and CHIP
. No child may
be denied services because of the family's refusal to apply for Medicaid or
other funding resources for which they may be eligible.
§108.27.Program Administration for Comprehensive Services.
(a)
(No change.)
(b)
Program requirements.
(1)
Child find. Each program must develop and implement a child
find plan which includes:
(A)
ongoing contact and coordination with primary referral
sources and other service providers, including, but not limited to:
(i) - (v)
(No change.)
(vi)
child
[
(vii) - (xi)
(No change.)
(xii)
any program funded under
the Developmental
[
(xiii)
(No change.)
(B) - (C)
(No change.)
(2)
Required services. Each comprehensive program must provide
an evaluation and assessment, service coordination, and Individualized Family
Service Plan (IFSP) and comprehensive services. Each program funded by the
Department for comprehensive ECI services and follow along
[
(3)
Public awareness. Each program must develop and implement
a public awareness plan which includes:
(A) - (C)
(No change.)
(D)
Programs
[
(E)
The ECI logo and slogan are for use by providers under
contract with ECI or by entities not under contract when directed
or
authorized
by the
Department
[
(4)
Interagency coordination. Each program must develop and
implement an interagency coordination plan which includes
,
as a
minimum
,
procedures
to
:
(A) - (D)
(No change.)
(5)
Staff composition and qualifications.
(A) - (C)
(No change.)
(D)
The
[
(i)
(No change.)
(ii)
Scope of responsibilities. Early Intervention Specialist
Professionals (Entry Level and Fully Qualified EIS Professionals) may represent
the discipline of early intervention and may be one of the two required professionals
on an Interdisciplinary Team (IDT). EIS Professionals may conduct family intake
processes, participate in determining eligibility, conduct developmental screenings
, evaluations
and assessments, participate in the development and implementation
of Individualized Family Service Plans, and provide service coordination,
developmental services
[
(iii)
Supervision. The Entry Level EIS Professionals must receive
a minimum of one hour per week of direct supervision from a fully qualified
professional until
successful completion of
[
[(iv)
EIS Professionals and Provisional EIS
Professionals who were hired before September 1, 1995, and are currently employed
in ECI-funded programs, who failed to complete the required application process
are not considered EIS Professionals. They will no longer be able to independently
perform the scope of responsibilities of EIS Professionals as defined in clause
(ii) of this subparagraph. To obtain status as Fully Qualified EIS Professionals,
they must enter the system as Entry Level EIS Professionals and complete the
conditions defined in clause (v) of this subparagraph.]
(iv)
[
(I)
meet the educational requirements of a bachelor's degree
which includes a minimum of 18 hours of course credit relevant to early intervention
service provision and submit a statement of intent to complete the required
demonstrations of early intervention knowledge and skills and apply for full
professional recognition;
(II)
within nine months of [
(III)
within two years of [
(IV)
complete the required processes
in subclauses (I)
and (II) of this clause,
or lose professional status and privileges.
Loss of professional status means the individual will
[
(v)
[
(vi)
[
(vii)
[
(viii)
[
(ix)
[
(E)
The director of the local ECI program must provide and
document the amounts of appropriate supervision for all ECI contract staff
and program staff to ensure the philosophy and intent of these regulations
are met as adopted by the
Department
[
(F)
(No change.)
(6)
(No change.)
(7)
ECI child service standards.
(A)
(No change.)
(B)
Programs which provide child care as defined by the Texas
Department of
Family and Protective Services (DFPS)
[
(8)
Child health standards. Programs that receive ECI funds
must have written policies and procedures which are implemented and evaluated
in each of the following areas.
(A)
(No change.)
(B)
Infectious disease prevention and management.
(i)
All programs must adhere to the procedures of the universal
precautions for the Texas Early Childhood Intervention Program, as issued
by the
Department
[
(ii)
All programs must comply with the Texas Communicable Disease
Prevention and Control Act,
Chapter 81, Health and Safety Code
[
(iii)
(No change.)
(C)
(No change.)
(9)
Safety regulations regarding emergencies for all buildings
where ECI programs are housed. Programs that receive ECI funds must have written
policies and procedures which are implemented and evaluated [
(10)
Accessibility and safety. Programs that receive ECI funds
must have written policies and procedures which are implemented and evaluated
in the following areas.
(A)
(No change.)
(B)
Buildings where the ECI program is housed (including offices)
must be inspected annually by a local or state fire authority. A safety and
sanitation inspection must be completed annually [
(C) - (E)
(No change.)
(11) - (12)
(No change.)
(13)
Staff health regulations. Programs that receive ECI funds
must have written policies and procedures which are implemented and evaluated
[
(14)
(No change.)
(15)
Data collection and reporting. The provider shall collect
and report data as required by [
(16)
The Texas Kids Intervention Data System
(TKIDS)
[
§108.29.Application and Program Requirements for Comprehensive Services.
(a)
Proposal format. The
department
[
(b)
Application content. The application shall consist of the
forms and related material that the applicant shall complete to apply to receive
funding for performing program services. Applications must be submitted for
a [
(c)
(No change.)
(d)
Program income.
(1)
Program income is defined as all revenue directly generated
by ECI contract-supported activities or earned
only
as a result
of the ECI contract. It includes, but is not limited to, Medicaid Targeted
Case Management (TCM), Medicaid Texas Health Steps/Comprehensive Care Program
(THSteps/CCP), Medicaid Administrative Claiming (MAC), Children's Health Insurance
Program (CHIP), Children with Special Health Care Needs (CSHCN) funds, and
private insurance
, and family cost share revenue
.
(2)
Program income also includes proceeds from the sale of
equipment
and
[
[(3)
Program income excludes third party revenue
generated from Developmental Rehabilitation Services (DRS).]
(3)
[
(4)
[
(5)
[
(6)
[
(e)
Maintenance of Effort
(1)
(No change.)
(2)
The ECI provider's MOE may include, if applicable and allowable,
the following:
(A) - (C)
(No change.)
(D)
Program income
including
[
(3)
(No change.)
(4)
Providers that have not previously contracted with the
department
[
(5)
Each program that has previously contracted with the
department for ECI services
[
(A)
To determine the amount of MOE which must be maintained,
subtract the ECI contract funds, program income, [
(B)
(No change.)
(6)
MOE will be reviewed by the
department
[
(A)
ECI providers will report program revenue and expenditures
by funding source on annual financial reports submitted to the
department
[
(B)
(No change.)
(7)
The
department
[
(A)
(No change.)
(B)
Unusually large amounts of funds
[
(C) - (D)
(No change.)
(8)
Increases in program income revenues from one fiscal year
to the next cannot be used to supplant other
effective
MOE funding
sources. Supplanting is defined as the withdrawal of local, private, or other
public funds for services that were available during the previous year of
funding. All program income collected by the ECI program must be reported
and used for eligible ECI program expenditures. [
(9)
Voluntary displacement of MOE funds is not allowed. Redistribution,
reallocation or removal of a specific revenue source is
only acceptable
if the net amount of effective MOE is maintained
[
(f)
Allowable costs. The following is intended to be a summary
of the most frequently requested allowable costs, and should not be construed
to be complete. Exclusion of a particular item from the allowable list does
not necessarily mean it is unallowable. All costs to be reimbursed by ECI
or applicant share must go exclusively for conducting the program. A complete
list of expenditures is listed in the Uniform Grant Management Standards (UGMS):
(1) - (4)
(No change.)
(5)
equipment--tangible nonexpendable personal property with
an acquisition cost of
$5,000
[
(6)
"Other expenses," such as:
(A)
(No change.)
(B)
depreciation--allowable whenever real or personal property
are used for the benefit of the program with
department
[
(C) - (E)
(No change.)
(F)
taxes--allowable only for those taxes which the ECI provider
is required to pay for employment services, travel, renting, or purchasing
for the program;
(G) - (L)
(No change.)
(g)
Unallowable costs.
(1)
The following is intended to be a summary of the most frequently
requested unallowable costs, and should not be construed to be complete. Exclusion
of a particular item from the unallowable list does not necessarily mean it
is allowable.
(A) - (F)
(No change.)
[(G)
Interest and other financing costs;]
(G)
[
(H)
[
(I)
[
(J)
[
(K)
[
(L)
[
(2)
(No change.)
§108.31.Financial Management and Recordkeeping Requirements.
(a) - (b)
(No change.)
(c)
Reports and data submission.
(1)
All providers will be expected to submit [
(2)
The
department
[
(3)
The
department
[
(d)
Record Availability and Review
[
(1)
Program review.
(A)
DARS
[
(B)
Program review will include a review of policies and procedures,
individual records of services provided to children and families, documentation
of data submitted to
DARS
[
(2)
Financial review.
DARS
[
(A) - (D)
(No change.)
(3)
Record availability.
Providers and subcontractors
shall make all
[
(e)
Audit requirements. Providers shall have a financial audit
of the ECI program performed by an independent certified public accountant
(CPA) or other independent public accountant licensed by the Texas State Board
of Public Accountancy for those fiscal years that include any portion of an
ECI contract period. A copy of this audit must be sent to the
department
[
§108.33.Funding Application Submission and Review.
(a)
Submission of application.
(1)
Applications are deemed received when logged by the
department
[
(2)
(No change.)
(3)
A completed original and
one copy
[
(4) - (5)
(No change.)
(b)
Review of Application(s). A "Request for Proposal" (RFP)
process may be used to ensure that the
department
[
§108.35.Contract Award.
(a)
Following the review process, the
department
[
(b)
(No change.)
§108.37.Contract.
(a)
An approved provider will enter into a contract with the
Department of Assistive and Rehabilitative Services (DARS), Division for Early
Childhood Intervention Services
[
(1)
The
department
[
(2)
The original contract cannot be altered by the ECI provider
without
department
[
(3)
(No change.)
(4)
By signing the contract the provider agrees to all terms
included therein and to adherence with all
applicable
statutes,
rules, policies and procedures of the
department
[
(b)
The contract shall:
(1)
contain provisions requiring the provider to comply with
the requirements in these sections, including statutes, rules, policies and
procedures of the
department
[
(2)
(No change.)
(3)
authorize the
department
[
(4) - (5)
(No change.)
(6)
authorize the
department
[
[(7)
require the provider to notify the council
by January 31st of its intent to withdraw as a provider in the next fiscal
year.]
(c)
(No change.)
(d)
The contract shall be concurrent with the current fiscal
year, unless the
department
[
(e)
Program and fiscal findings documented in
department
[
(f)
The contract shall identify the county(ies) in which the
provider is authorized to perform ECI services and reference the service area
approved by the
Assistant Commissioner
[
(1)
All requests to change the approved service area must be
reviewed and approved by the
department
[
(2)
The
department
[
(3)
A request to change the designated service area must be
either made during the annual
contracting process or be submitted to
the ECI Assistant Commissioner
[
§108.39.Contract Actions.
The
Department
[
(1)
(No change.)
(2)
Withhold or reduce payments. The
department
[
(3)
Revise contract terms and provisions. The
department
[
(4)
Non-renewal of contract after contract term. The
department
[
(5)
Terminate all or part of the contract.
(A)
If the
department
[
(B)
If the
department
[
(C)
The provider has 10 days from the date of the receipt of
the notice of proposed termination to request a hearing on a proposed termination
under subparagraphs (A) and (B) of this paragraph. If the provider does not
request a hearing in writing within the 10-day period, the provider shall
be deemed to have waived the hearing and the
department
[
(D)
Between the time a provider files a request for a hearing
and the final decision of the
department
[
(E)
No contract will be terminated prior to the final decision
of the
department
[
(6)
(No change.)
§108.43.Waiver of Program Standards for All ECI Providers Funded by the Department of Assistive and Rehabilitative Services, Division for Early Childhood Intervention Services [
(a)
When under an unusual circumstance, a provider funded by
the
Department of Assistive and Rehabilitative Services, Division for
Early Childhood Intervention Services
[
(1) - (5)
(No change.)
(b)
The appropriate consultants will review the request and
forward a recommendation within 10 working days to the
Assistant Commissioner
[
(c)
(No change.)
(d)
The waiver review committee will consist of the
Assistant
Commissioner for Early Childhood Intervention Services, the designated representative
of the Assistant Commissioner
[
(e)
The program requesting the waiver will be informed of the
date of the waiver committee and
department
[
(f)
The program requesting the waiver will be notified by mail
within five working days of the
department's
[
(g) - (h)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 13, 2006.
TRD-200603252
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 424-4050
40 TAC §§108.57, 108.59, 108.61, 108.63, 108.65
The amendments are proposed under the Government Code, Chapter
531, §531.0055(e), which provides the Executive Commissioner of the Health
and Human Services Commission with the authority to promulgate rules for the
operation and provision of health and human services by health and human services
agencies.
No other statute, article, or code is affected by this proposal.
§108.57.Early Childhood Intervention [
(a)
An individual or organization may file a complaint with
the
Department of Assistive and Rehabilitative Services (DARS), Division
for Early Childhood Intervention Services
[
(b)
A complaint may be filed directly with the
department
[
(c)
Procedures for receipt of complaint are as follows.
(1)
All complaints received by the
department concerning
ECI services
[
(2)
The
department
[
(3) - (4)
(No change.)
(d)
Procedures for investigation and resolution of complaints.
(1)
After receipt of the complaint, the
Assistant Commissioner
[
(A) - (B)
(No change.)
(2)
Within 60 days of the receipt of the complaint the
Assistant Commissioner
[
(3)
(No change.)
(4)
Complainants shall be informed in writing of the final
decision of the
Assistant Commissioner
[
(A) - (B)
(No change.)
(5)
To ensure that effective implementation of the
Assistant
Commissioner's
[
(6)
In resolving a complaint in which it finds a failure to
provide appropriate services, the
Assistant Commissioner
[
(7)
When a
complaint
[
§108.59.Confidentiality.
The
department
[
(1)
Notice to parents.
(A)
The
department
[
(i)
(No change.)
(ii)
a description of the children on whom personally identifiable
information is maintained, the types of information sought, the methods the
department
[
(iii) - (iv)
(No change.)
(B)
(No change.)
(2)
Confidentiality and procedural safeguards. Each program
shall distribute the document developed by the
department
[
(3)
Access rights.
(A)
The parents of a child eligible under this chapter must
be afforded the opportunity to inspect and review any Early Childhood Intervention
(ECI) records relating to evaluations and assessments, eligibility determination,
development and implementation of Individualized Family Service Plan (IFSPs),
individual complaints dealing with the child, and any other area under this
part involving records about the child and the child's family. Records are
the records covered by the Family Educational Rights and Privacy Act of 1974,
Title 20, United States Code Annotated,
section 1232g
[
(B) - (C)
(No change.)
(4) - (11)
(No change.)
(12)
Consent.
(A)
(No change.)
(B)
A provider may request that parents provide a release to
share information with others for legitimate purposes. However, when such
a release is sought:
(i) - (iv)
(No change.)
(v)
the release must be time-limited not to exceed one year;
and
[(vi)
for the purpose of eligibility screening,
as a part of the Texas Eligibility Screening System (TESS), parents may consent
to any information entered in the TESS system being released for a three-year
period. Parents must be informed that participation in TESS is voluntary and
their decision to participate shall have no effect on their ECI eligibility
or service provision; and]
(vi)
[
(C)
(No change.)
(13) - (17)
(No change.)
§108.61.Primary Referral Requirements.
All primary referral sources must refer a child under age three who
may be in need of and/or qualify for comprehensive early intervention services.
Referrals must be within two working days of identification, and must be made
to a contracted provider for evaluation and assessment of the child. Primary
referral sources include:
(1) - (3)
(No change.)
(4)
child
[
(5) - (8)
(No change.)
§108.63.Administrative Hearings Concerning Individual Child Rights.
(a)
Purpose. This section is intended to bring the procedures
for hearings of the
department
[
(b)
Definition. The term "public agency," when used in this
section refers to the
department
[
(c)
(No change.)
(d)
Request for hearing.
(1)
(No change.)
(2)
The request for hearing shall be in writing and filed with
the
ECI Assistant Commissioner
[
(e)
Impartial hearing officer.
(1)
Hearings shall be conducted by an impartial hearing officer
appointed by the
ECI Assistant Commissioner
[
(A) - (D)
(No change.)
(2)
The person shall not be an employee of the
department
[
(3)
(No change.)
(f)
(No change.)
(g)
Hearing procedures.
(1) - (3)
(No change.)
(4)
The hearing shall be recorded by
the hearing officer.
A transcript of the recording will be provided to the parties upon request.
[
(5)
The hearing officer may issue subpoenas and commissions
to take depositions pursuant to the Government Code, Chapter 2001. Subpoenas
and commissions to take depositions shall be issued in the name of the
department
[
(6) - (7)
(No change.)
(h) - (i)
(No change.)
§108.65.Opportunities for Citizen Participation.
In addition to other procedures listed in
§101.5607
[
(1)
Participate
[
(2)
Attend and make public comments at ECI Advisory Committee
meetings (notification of all Advisory Committee meetings and agenda items
are published in the
Texas Register
)
[
(3)
attend DARS Council meetings and provide public
comment
on all proposed rules; and
(4)
submit a petition requesting the adoption of rules.
(A)
All petitions proposing the adoption of [
(i) - (iii)
(No change.)
(B)
Requests will be reviewed by
the Department
[
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed
with the Office of the Secretary of State on June 13, 2006.
TRD-200603253
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 424-4050
40 TAC §§108.85, 108.87, 108.89, 108.91
The amendments are proposed under the Government Code, Chapter
531, §531.0055(e), which provides the Executive Commissioner of the Health
and Human Services Commission with the authority to promulgate rules for the
operation and provision of health and human services by health and human services
agencies.
No other statute, article, or code is affected by this proposal.
§108.85.Purpose.
The purpose of these sections is to establish the size, composition,
terms of office, duties, and procedures of an advisory committee to assist
the
Department of Assistive and Rehabilitative Services, Division for
Early Childhood Intervention Services
[
(1)
the Human Resources Code, §73.004, concerning an advisory
committee to assist the
department
[
(2)
the federal regulations covering an advisory committee
to the
department
[
§108.87.Size, Composition, and Terms of Office.
(a)
Size. The advisory committee shall consist of 24 members
which the governor
, or the governor's designee,
shall appoint.
(b)
Composition. The advisory committee shall be composed as
follows.
(1)
Official members must include:
(A)
at least seven parents, including minority parents of infants
or toddlers with developmental disabilities
or delays
or children
with developmental disabilities
or delays
aged 12 or younger, with
knowledge of, or experience with, programs for infants and toddlers with developmental
disabilities. At least one such member shall be a parent of an infant or toddler
with a developmental disability
or delay
or a child with a developmental
disability
or delay
aged six or younger, and no parent may be an
employee of an early childhood intervention funded program;
(B) - (D)
(No change.)
(E)
at least
one representative from each of the
following agencies and public program:
the Health and Human Services
Commission, The Department of Assistive and Rehabilitative Services, the Department
of Aging and Disabled Services, the Department of State Health Services, the
Department of Family and Protective Services
[
(F) - (H)
(No change.)
(2)
Ex officio members may be appointed by the
department
[
(c) - (d)
(No change.)
§108.89.Advisory Committee Duties.
(a)
The advisory committee shall:
(1)
advise and assist the
Department of Assistive and
Rehabilitative Services, Division for Early Childhood Intervention Services
[
(2)
advise and assist the state educational agency regarding
appropriate services and the transition of toddlers with developmental disabilities
to services provided under
IDEA
[
[(3)
advise and assist the board and TEA regarding
the provision of appropriate services for children aged birth to five, inclusive;]
(3)
[
(4)
[
(A)
seeking information from service providers, case managers
(service
coordinators
[
(B)
taking steps to ensure that any [
(5)
[
(b)
The advisory committee shall advise and assist the
department
[
(1) - (3)
(No change.)
(c)
The advisory committee shall advise and assist the
department
[
(d)
The advisory committee shall:
(1)
with assistance from the
department
[
(2)
(No change.)
(e)
(No change.)
(f)
The committee may advise and assist the
department and the Texas Education Agency regarding the provision of appropriate
services for children aged birth to five, inclusive.
§108.91.Advisory Committee Procedures.
(a)
Notice, frequency, and location of meetings.
(1)
All advisory committee meetings are subject to the Government
Code, Chapter 551 [
(2)
The
Assistant Commissioner
[
(3)
Meetings will be held at least quarterly and generally
will be held in Austin.
(b) - (g)
(No change.)
(h)
Absences from meetings. The
Department of Assistive
and Rehabilitative Services
[
(i)
Eligibility. Official members must maintain
the qualification for appointment specified in §108.87 of this title
(relating to Size, Composition, and Terms of Office). The Chair shall notify
the ECI Assistant Commissioner of the need to request a replacement appointed
by the Governor. An official member's position becomes vacant if the member
no longer meets the qualifications for appointment.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on June 13, 2006.
TRD-200603254
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 424-4050
40 TAC §§108.221, 108.223, 108.225, 108.227, 108.229, 108.231, 108.233
The amendments are proposed under the Government Code, Chapter
531, §531.0055(e), which provides the Executive Commissioner of the Health
and Human Services Commission with the authority to promulgate rules for the
operation and provision of health and human services by health and human services
agencies.
No other statute, article, or code is affected by this proposal.
§108.221.Introduction.
Targeted
Case Management Services for Infants and Toddlers
with Developmental Disabilities are included in the Texas Medical Assistance
Program (Medicaid). The general operation of the Texas Early Childhood Intervention
(ECI) program is governed by the
Department of Assistive and Rehabilitative
Services
[
§108.223.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
(No change.)
(2)
Department
[
(3) - (4)
(No change.)
(5)
Case manager (service coordinator)--An Early Childhood
Intervention (ECI)
local
program staff person who is assigned to
a child and[
(6) - (8)
(No change.)
(9)
Early Childhood Intervention (ECI) services--Individualized
intervention services provided to children from birth to age three, and their
families, as:
(A)
(No change.)
(B)
provided in accordance with the rules of the
Department
[
(10) - (19)
(No change.)
§108.225.Reimbursable Services.
(a)
Targeted
Case management services are reimbursable
to Medicaid providers who meet the conditions for provider participation as
specified in
§108.229
[
(b)
(No change.)
§108.227.Recipient Eligibility for Early Childhood Intervention (ECI) Case Management Services.
In order to receive ECI case management services, the recipient must
meet the following criteria:
(1)
(No change.)
(2)
have a developmental
delay
[
(A)
Children are eligible who have a medically diagnosed physical
or mental condition that has a high probability of resulting in developmental
delay
and is included in the list of covered medical conditions approved
by the Department.
[
[(i)
Down Syndrome and other chromosomal abnormalities;]
[(ii)
sensory impairments, including vision
and hearing;]
[(iii)
inborn errors of metabolism;]
[(iv)
microcephaly;]
[(v)
failure to thrive;]
[(vi)
seizure disorders;]
[(vii)
fetal alcohol syndrome or fetal alcohol
effects;]
[(viii)
testing positive for the Human Immunodeficiency
Syndrome (HIV) virus after 15 months of age.]
(B)
(No change.)
(C)
A qualified professional must observe and document atypical
development during:
(i)
Administration of an assessment
tool
[
(ii)
(No change.)
§108.229.Conditions for Case Management Provider Participation.
In order to be reimbursed for Early Childhood Intervention (ECI) services
as specified in
§108.225
[
(1) - (2)
(No change.)
(3)
ensure that services are provided by appropriately qualified
staff as specified in
§108.231
[
(4) - (7)
(No change.)
§108.231.Qualified Personnel.
Early Childhood Intervention (ECI) case management services must be
provided by case managers who meet the educational and work experience requirements,
commensurate with their job responsibilities, as specified in
§108.227(c)(4)
[
§108.233.Retention of Records.
Providers of Early Childhood Intervention (ECI) services must maintain
and retain all necessary records and claims, as specified in
§108.235
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on June 13, 2006.
TRD-200603255
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 424-4050
40 TAC §108.237
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Department of Assistive and Rehabilitative Services or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Government Code,
Chapter 531, §531.0055(e), which provides the Executive Commissioner
of the Health and Human Services Commission with the authority to promulgate
rules for the operation and provision of health and human services by health
and human services agencies.
No other statute, article, or code is affected by this proposal.
§108.237.Reviews and Administrative Hearings.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on June 13, 2006.
TRD-200603256
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 424-4050
40 TAC §108.261, 108.263, 108.265
The amendments are proposed under the Government Code, Chapter
531, §531.0055(e), which provides the Executive Commissioner of the Health
and Human Services Commission with the authority to promulgate rules for the
operation and provision of health and human services by health and human services
agencies.
No other statute, article, or code is affected by this proposal.
§108.261.Reimbursable Services.
(a)
Services that are covered under the
Developmental
Rehabilitation Services
Program
are reimbursable to Medicaid providers
who meet the conditions for provider participation as specified in
§108.265
[
(1) - (3)
(No change.)
(b) - (c)
(No change.)
§108.263.Recipient Eligibility for Services Funded by the Developmental Rehabilitation Services Program .
In order to receive Developmental Rehabilitation
Services
[
(1) - (2)
(No change.)
(3)
must demonstrate the need for these services as documented
in an active Individualized Family Service Plan (IFSP) developed in accordance
with
§108.25(5)(A) - (K)
[
§108.265.Conditions for Provider Participation in the Developmental Rehabilitation Services Program [
(a)
(No change.)
(b)
In order to be reimbursed for developmental rehabilitation
services as specified in
§108.261
[
(1)
(No change.)
(2)
sign a provider agreement with the
Medicaid
single
state agency;
(3)
be certified by the
Department
[
(4) - (6)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on June 13, 2006.
TRD-200603257
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 424-4050
Chapter 367.
CONTINUING EDUCATION
40 TAC §§367.1 - 367.3
The Texas Board of Occupational Therapy Examiners proposes
amendments to §§367.1 - 367.3, concerning Continuing Education.
The amendments will re-organized the chapter and add clarification.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the amendments are in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
amended rules.
Mr. Maline also has determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a result of
enforcing the amended rules will be clarification of the OT rules. There will
be no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the amendments as proposed.
Comments on the proposed amendments may be submitted to Augusta Gelfand,
OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe,
Suite 2-510, Austin, Texas 78701, telephone: 305-6900, or through e-mail:
augusta.gelfand@mail.capnet.state.tx.us.
The amendments are proposed under the Occupational Therapy Practice
Act, Title 3, Chapter 454, Subchapter H Occupations Code, which provides the
Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Chapter 454, Subchapter H of the Occupations Code is affected
by the amended sections.
§367.1.Continuing Education.
(a)
The Act mandates licensee participation in a continuing
education program for license renewal. All continuing education must be directly
relevant to the profession of occupational therapy
and meet the definition
of Type 1 or Type 2 as outlined in this section
. The licensee is solely
responsible for keeping accurate documentation of all continuing education
requirements.
(b)
New licensees holding a regular license, issued for
a period of less than two years, do not have a continuing education requirement
until they receive a regular two-year license.
[
(c)
All licensees, except those addressed in subsection
(b) of this section must complete a minimum of 30 hours of continuing education
every two years during the period of time the license is current in order
to renew the license, and provide this information as requested.
[
(d)
Those renewing a license more than 90 days late must
submit proof of continuing education for the renewal.
[
[(1)
General information hereafter referred
to as Type 1 continuing education is relevant to the profession of occupational
therapy. Examples include but are not limited to: supervision, education,
documentation, quality improvement, administration, reimbursement and other
occupational therapy related subjects. (AOTA's Category 3)]
[(2)
A minimum of 15 hours of continuing education
must be in skills specific to occupational therapy practice with patients
or clients hereafter referred to as Type 2. (AOTA's Category 1 or 2)]
[(A)
Type 2 courses teach occupational therapy treatment and
intervention with patients or clients.]
[(B)
All continuing education hours may be in Type 2.]
(e)
Types of Continuing Education
[
(1)
A minimum of 15 hours of continuing education
must be in skills specific to occupational therapy practice with patients
or clients hereafter referred to as Type 2. (AOTA's Category 1 or 2)
(A)
Type 2 courses teach occupational therapy treatment and
intervention with patients or clients.
(B)
All continuing education hours may be in Type 2, but no
less than 15 hours of Type 2 is acceptable.
(2)
General information hereafter referred
to as Type 1 continuing education is relevant to the profession of occupational
therapy. Examples include but are not limited to: supervision, education,
documentation, quality improvement, administration, reimbursement and other
occupational therapy related subjects. (AOTA's Category 3)
(f)
Continuing educational activities may
be counted only one time in the licensee's career.
(g)
[
§367.2.Categories of Continuing Education.
(a)
All continuing education must comply with Type 1 or
Type 2 as outlined in §367.1 of this title (relating to Continuing Education).
Continuing education undertaken by a licensee for renewal shall be
acceptable if it falls in one or more of the following categories.
(1)
Formal academic courses related to occupational therapy.
Completion of course work at or through an accredited college or university
shall be counted as follows: three CE hours for each credit hour of a course
with a grade of A, B, C, and/or P (Pass). Thus a three-credit course counts
for 9 credit hours of continuing education. All college course work must comply
with Type 1 and Type 2 as outlined in §367.1 of this title (relating
to Continuing Education)
, no maximum.
(2)
In-service educational programs, training programs, institutes,
seminars, workshops, facility based courses, and conferences in occupational
therapy. Hour for hour credit on program content only, no maximum.
(3)
Development of publication, media materials or research/grant
activities per two year renewal period
:
[
(A)
Published scholarly work in a peer-review journal, 15 hours
maximum.
(B)
Principle investigator or co-principle investigator
in grant or research proposals accepted for consideration. 10 hours maximum.
[
(C)
Published book [
(D)
Second
or other
author,
7
[
(E)
Book chapter, 5 hours maximum.
[
(F)
Other publications such as newsletter and trade magazines,
2 hours maximum.
[
(4)
Home study courses, Internet-based courses, and videotape
instruction
, no maximum
.
(A)
Courses must fit the criteria for continuing education
for Type 1 or Type 2.
(B)
These courses must have a post-test and give a certificate
of completion.
(C)
Internet courses must reflect a pre-determined number of
credit hours.
(5)
Professional presentations by licensee
(A)
Professional presentation, e.g. in-services, workshops,
institutes: any presentations counted only one time. Hour for hour credit.
10 hour maximum.
(B)
Community/Service organization presentation: any presentation
counted once. Hour for hour credit. 10 hours maximum.
(6)
Any deviation from the above continuing education categories
will be reviewed on a case by case basis by the Coordinator of Occupational
Therapy or by the Continuing Education Committee. A request for special consideration
must be submitted in writing a minimum of 60 days prior to expiration of the
license.
(b)
Unacceptable Continuing Education Activities include but
are not limited to
:
(1)
Any non-instructional time frames such as breaks, meals,
introductions, and pre/post testing.
(2)
Business meetings
(3)
Exhibit hall attendance
(4)
Reading journals
(5)
Courses such as
, but not limited to:
grant
writing, case management, massage therapy, general management and business,
social work, defensive driving, water safety, team building, GRE, GMAT, MCAT
preparation, cooking for health, weight management, women's health and stress
management, reading techniques, geriatric anthology, general foreign languages.
(6)
Facility-based annual required courses
such as, but not limited to patient abuse, disposal of hazardous waste, patient
privacy, HIPPA & FERPA, blood borne pathogens, and other annual facility
required repetitive courses do not count toward continuing education.
(7)
Program providers are prohibited from
self-promotion of programs, products, and/or services during the presentation
of the program.
§367.3.Continuing Education Audit.
(a)
The board shall select for audit a random sample of licensees.
The audit will cover a period for which the licensee has already completed
the 30 hours required and has signed to that fact on the renewal form.
(b)
Licensees randomly selected for the audit must provide
to TBOTE appropriate documentation within 30 days of notification. Documentation
submitted must specify whether they are Type 1 or Type 2.
(c)
The licensee is solely responsible for keeping accurate
documentation of all continuing education requirements.
Continuing
education documentation must be maintained for two years from the date of
the last renewal for auditing purposes, or a total of four years.
[(1)
The continuing education record card
(blue card) will no longer be accepted as proof of continuing education activities,
effective December 1, 2001.]
[(2)
Documentation must identify the licensee
by name and license number, and must include the date and title of the course,
the signature of the authorized signer, and the number of CEUs or contact
hours awarded for the course.]
(d)
Continuing education documentation includes, but is
not limited to: an official transcript, AOTA self-study completion certificates,
copies of official sign-in or attendance sheets, course certificates of attendance,
and certificates of completion.
[
(e)
Documentation must identify the licensee
by name and license number, and must include the date and title of the course,
the signature of the authorized signer, and the number of CEUs or contact
hours awarded for the course.
(f)
Knowingly providing false information
or failure to respond during the audit process or the renewal process is grounds
for disciplinary action.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 16, 2006.
TRD-200603343
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 305-6900
40 TAC §371.2
The Texas Board of Occupational Therapy Examiners proposes
new Chapter 371, §371.2 for a new retired status. House Bill 2680 added
the requirement for health professionals to have a retired status with reduced
fees and reduced continuing education requirements for those who wish to volunteer
for non-profit work without compensation.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mr. Maline also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be a new status of licensees with limited rights and privileges.
There will be no effect on small businesses. There is a very small anticipated
economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposed rule may be submitted to Augusta Gelfand, OT Coordinator,
Texas Board of Occupational Therapy Examiners, 333 Guadalupe, Suite 2-510,
Austin, Texas 78701, telephone: 305-6900, or through e-mail: augusta.gelfand@mail.capnet.state.tx.us.
The new section is proposed under the Occupational Therapy Practice
Act, Title 3, Chapter 454, Subchapter H, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Chapter 454, Subchapter H, of the Occupations Code is affected
by the new section.
§371.2.Retired Status.
(a)
The Retired Status is available for an occupational therapy
practitioner whose only practice is the provision of voluntary charity care
without monetary compensation.
(1)
"voluntary charity care" means occupational therapy services
provided as a volunteer with no compensation, for a charitable organization
as defined in §84.003 of the Texas Civil Practice and Remedies Code.
This includes any bona fine charitable, religious, prevention of cruelty to
children or animals, youth sports and youth recreational, neighborhood crime
prevention or patrol, or educational organization (excluding fraternities,
sororities, and secret societies), or other organization organized and operated
exclusively for the promotion of social welfare by being primarily engaged
in promoting the common good and general welfare of the people in the community,
including these type of organizations with a Section 501(c) 3 or (4) exemption
from federal income tax, some Chambers of commerce, and volunteer centers
certified by the Department of Public Safety.
(2)
"compensation" means direct or indirect payment of anything
of monetary value.
(3)
The designation used by the retired status licensee is
Occupational Therapist Registered, Retired (OTR, Ret) or Licensed Occupational
Therapist, Retired, (LOT, Ret), or Certified Occupational Therapy Assistant,
Retired (COTA, Ret) or Licensed Occupational Therapy Assistant, Retired (LOTA,
Ret).
(b)
To be eligible for retired status, a licensee must hold
a current license on active or inactive status.
(c)
Requirements for initial retired status are:
(1)
a completed and notarized application form;
(2)
a passing score on the jurisprudence exam;
(3)
the completed continuing education for the current renewal
period; and
(4)
the retired status fee and any late fees which may be due.
(d)
Requirements for renewal of retired status. A licensee
on retired status must renew every two years before the expiration date. The
retired occupational therapy practitioner shall submit:
(1)
the retired status renewal form;
(2)
a passing score on the jurisprudence exam;
(3)
the retired renewal fee and any late fee which may be due;
and
(4)
completion of 6 hours of Type 2 continuing education each
license renewal period, as described in §367.1 of this title (relating
to Continuing Education).
(e)
A licensee who has been on retired status less than one
year must submit the regular license renewal fee and the late fee as described
in §370.1 of this title (relating to License Renewal). A licensee who
has been on retired status for more than one year must retake and pass the
national examination to return the license to active status. The licensee
must submit:
(1)
a complete and notarized application;
(2)
a passing score on the jurisprudence exam;
(3)
a passing score on the recent retaking of the national
examination; and
(4)
the initial application fee.
(f)
The occupational therapy practitioner may continue to renew
the retired status license indefinitely.
(g)
Licensees on retired status are subject to the audit of
continuing education as described in §367.3 of this title (relating to
Continuing Education Audit).
(h)
A retired occupational therapy practitioner is subject
to disciplinary action under the OT Practice Act.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 16, 2006.
TRD-200603340
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 305-6900
40 TAC §373.2
The Texas Board of Occupational Therapy Examiners proposes
an amendment to §373.2, concerning Supervision of a Temporary Licensee.
The amendment will re-organized the section and add clarification.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the amendment is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
amended rule.
Mr. Maline also has determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of enforcing
the amended rule will be clarification of the OT rules. There will be no effect
on small businesses. There are no anticipated economic costs to persons who
are required to comply with the amendment as proposed.
Comments on the proposed amendment may be submitted to Augusta Gelfand,
OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe,
Suite 2-510, Austin, Texas 78701, telephone: 305-6900, or through e-mail:
augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice
Act, Title 3, Chapter 454, Subchapter H Occupations Code, which provides the
Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Chapter 454, Subchapter H of the Occupations Code is affected
by this amended section.
§373.2.Supervision of a Temporary Licensee.
(a)
Requirements for all temporary licensees
[
(1)
A temporary licensee works under the supervision of
a regular licensed occupational therapist, whose name and license number are
on file on the Board's "Supervision of a Temporary Licensee" form.
[
(2)
All documentation completed by an individual holding
a temporary license which becomes part of the patient's/client's permanent
file, must be approved and co-signed by the supervising occupational therapist.
[
(3)
Temporary licensees may not supervise
anyone.
(4)
A temporary licensee does not become a
regular licensee with those privileges until the regular license is in hand.
(b)
Supervision of an occupational therapy assistant with a
temporary license includes
:
[
(1)
sixteen hours of supervision a month of which at least
twelve hours are through telephone, written report or conference, including
the review of progress of patients/clients assigned; plus
(2)
four or more hours of supervision a month which are face-to-face,
real time supervision with the temporary licensee providing services to one
or more patients/clients.
(c)
Supervision of an occupational therapist with a temporary
license includes documentation regarding:
[
(1)
frequent communication between the supervising
occupational therapist and the temporary licensee by telephone, written report
or conference, including the review of progress of patients/clients assigned,
plus
(2)
encounters twice a month where the OTR
or LOT directly observes the temporary licensee providing services to one
or more patients/clients with face-to-face, real time interaction.
[(d)
All documentation completed by an individual
holding a temporary license which becomes part of the patient's/client's permanent
file, must be approved and co-signed by the supervising occupational therapist.]
[(e)
A temporary licensee works under the
supervision of an regular licensed occupational therapist, whose name and
license number are on file on the board's "Supervision of a Temporary Licensee"
form.]
[(f)
A temporary licensee does not become
a regular licensee with those privileges until the regular license is in hand.]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 16, 2006.
TRD-200603344
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 305-6900
3.
RELATIONSHIP WITH PRIVATE DONORS
Interagency Council
on Early Childhood Intervention (Council)
], its [
officers and
]
employees, and private donors and private organizations that exist to further
the duties and purposes of the
Division for Early Childhood Intervention
Services
[
Council
].
Executive Director--The Executive
Director of the Interagency Council on Early Childhood Intervention.
]
Board--Board of the Interagency Council on Early Childhood
Intervention.
]
Council--Interagency Council on Early Childhood
Intervention.
]
Council
] or to a private organization or foundation that exists to further
the duties or functions of the
Department
[
Council
].
Council
].
(7)
] Private donor--A person who
gives a donation to the
Department
[
Council on Early Childhood
Intervention
] or to a private organization that exists to further the
duties and purposes of the
Department
[
Council
].
(8)
] Private organization--A private
organization that exists to further the purposes and duties of the
Department
[
Council
].
Interagency Council on Early Childhood Intervention ].
Council
] shall be expended in accordance with the provisions of the state Appropriations
Act and shall be deposited in the state treasury unless exempted by specific
statutory authority.
Executive Director of the Council
].
Council
] may not
transfer a private donation to a foundation or private/public development
fund without specific written permission from the donor and the written approval
of the
Commissioner
[
Executive Director
].
Interagency Council on Early Childhood Intervention ].
Council
] and the
Department
[
Council
] shall enter
into a memorandum of understanding (MOU) that contains specific provisions
regarding:
Council
];
Council
];
Council
];
Council
] of any audit of the private organization by the Internal Revenue Service
or a private firm; and
Council
] will provide property and/or staff support to the organization
to further the duties and purposes of the
Department
[
Council
] and the organization.
Council
] may assist
a private organization in fund raising and solicitation when:
Council
]; and
Council
] employees
and private donors described in
§101.5759
[
section 621.163
] of this subchapter (relating to Standards of Conduct for Officers
or Employees of the
Department
[
Council
]).
Council
] may accept
from a private organization financial assistance designed to promote early
childhood intervention services and programs in the state of Texas. These
funds must enhance state funds and not supplant or replace state appropriations.
Before the
Department
[
Council
] may accept such assistance,
the
Commissioner
[
Executive Director
] must ascertain
and document that the acceptance will promote the goals of the
Department
[
Council
], and that the acceptance does not violate the
personnel or administrative policies of the
Department
[
Council
].
Council
] on request.
Council Executive Director
] approve other investments.
Executive Director of
the Council
]. Records relating to activities supported by public funds
will be subject to public scrutiny.
Council
] employees cannot directly spend organization funds - all organization
expenditures will be controlled by the organization and its employees.
ECI Board
] mission.
The organization shall establish selection criteria and guidelines when seeking
corporate sponsorships and ensure sponsorships serve the public interest and
are consistent with the
Department's
[
Council's
] mission.
Officers or ] Employees of the Department [ Council ].
officer or
] employee shall not accept or
solicit any gift, favor, or service from a private donor or private organization
that might reasonably tend to influence his/her official conduct.
officer or
] employee shall not accept employment
or engage in any business or professional activity with a private donor or
private organization that the [
officer or
] employee might reasonably
expect would require or induce him/her to disclose confidential information
acquired by reason of his/her official position.
officer or
] employee shall not accept other
employment or compensation from a private donor or private organization that
would reasonably be expected to impair the [
officer's or
] employee's
independence of judgment in the performance of his/her official position.
officer or
] employee shall not make personal
investments in association with a private donor or private organization that
could reasonably be expected to create a substantial conflict between the
[
officer's or
] employee's private interest and the interest of
the
Department
[
Council
].
officer or
] employee shall not solicit,
accept, or agree to accept any benefits for having exercised his/her official
powers on behalf of a private donor or private organization or performed his/her
official duties in favor of a private donor or private organization.
The Executive Director of
the Council or an officer of the Council
] may be a non-voting member(s)
of the board of directors of a private organization that exists to further
the duties and purposes of the
Department
[
Council
].
officer or
] employee shall not authorize
a private donor or private organization to use property of the
Department
[
Council
], unless the property is used in accordance with
a contract or memorandum of understanding between the
Department
[
Council
] and the private donor or private organization, or the
Department
[
Council
] is otherwise compensated for the use
of the property.
Council
], including
fundraising and solicitation activities, is subject to all applicable federal
and state laws, rules and regulations, and local ordinances governing each
entity and its employees.
Chapter 108.
EARLY CHILDHOOD INTERVENTION SERVICES
(Public Law 105-17)
], which established
a statewide system of early childhood intervention comprehensive services
for children with developmental delay.
Interagency Council on Early
Childhood Intervention
]. Its functions are those of the Interagency
Coordinating Council described in the Individuals with Disabilities Education
Act,
20 U.S.C. Sections 1431-1444
[
Public Law 105-17
].
council
] stating that a requirement of the Individuals
with Disabilities Education Act, or an applicable federal or state regulation
has been violated.
§621.23(5)(C) - (E)
] of this title (relating
to Service Delivery Requirements for Comprehensive Services). Programs receiving
funds from the
Department
[
Interagency Council on Early Childhood
Intervention
] are required to have the capacity to provide or arrange
for all services listed in
§108.25(5)(C)
[
§621.23(5)(C)
] of this title (relating to Service Delivery Requirements for Comprehensive
Services).
Council
]--The entity
designated as the lead agency by the governor under the Individuals with Disabilities
Education Act
, Part C
. The
department
[
council
] has the final authority and responsibility for the administration,
supervision, and monitoring of programs and activities under this system.
The
department
[
council
] has the final authority for
the obligation and expenditure of funds and compliance with all applicable
laws and rules. [
The council board includes eight lay members who are
family members of children with developmental delay, appointed by the governor
with the advice and consent of the senate, and one member from the Texas Education
Agency appointed by the commissioner of education. Five of the lay members
must be the parents of children who are receiving or have received early childhood
intervention services. The board shall also have fully participating, non
voting representatives appointed by the commissioner or executive head of
the following agencies: Texas Department of Health (TDH), Texas Department
of Human Services (TDHS), Texas Department of Mental Health and Mental Retardation
(TDMHMR), Texas Commission on Alcohol and Drug Abuse (TCADA), Texas Department
of Protective and Regulatory Services (TDPRS), and the Texas Workforce Commission
(TWC).
]
Requirements for the
] protection
for
[
of
] parents and children
enrolled in the ECI program. FERPA includes
rights to
[
under the General Education Provision Act, Section 438,
which include
] confidentiality
and restrictions on
[
,
] disclosure of personally identifiable information, and the right
to inspect records.
Interagency Council on Early Childhood Intervention
] to administer the Early Childhood Intervention (ECI) Program.
Interagency
Council on Early Childhood Intervention
] and any other political subdivision
of the state that is responsible for providing early intervention services
to eligible children under the Individuals with Disabilities Education Act,
Part C.
Interagency Council
on Early Childhood Intervention
].
ECI
]
policy and procedures. The service coordinator is from the profession most
immediately related to the child's or family's needs. (The term profession
includes service coordination.)
§621.23(5)(C) -
(E)
] of this title (relating to Service Delivery Requirements).
UGCMS
]--Uniform grant management
standards adopted by the governor's Office of Budget and Planning in 1 TAC §§5.141
- 5.167 under
the
authority of
Chapter 783, Government Code
[
Texas Civil Statutes, Article 4413(32g)
].
, including, but not limited to:
]
The public health clinic
may provide physical examinations by a physician who assumes the responsibility
for the examination and agrees to be available routinely for consultation
to nursing staff, ensures that the registered nurse has the training and adequate
skills for performing the physical examination, and reviews periodically the
level of performance of the registered nurses administering the physical examination.
]
Health
].
If medical or religious reasons contraindicate immunization requirements,
documentation to that effect must be maintained by the program and the family
must be notified that their infant could be excluded from group activities
if a contagious outbreak occurs.
special instruction
];
Special instruction
]
services include:
Interagency Council on Early
Childhood Intervention
] must have a written IFSP for each child developed
jointly by the interdisciplinary team including the child's parents.
strategies and
] outcomes expected to be achieved for the child and family,
strategies to be implemented
and the criteria, procedures, and timelines
used to determine:
lead agency
], the family,
and the local educational agency at least 120 days
, but no more than
270 days,
before the child's third birthday
,
or, if earlier,
the date on which the child is eligible for the preschool program under Part
B of the Individuals with Disabilities Education Act to:
Early Periodic Screening, Diagnosis, and Treatment Program (EPSDT)
]
and Targeted Case Management),
Children's Health Insurance Program and
the Children with Special Health Care Needs Program
[
and the Chronically
Ill and Disabled Children's Program
].
All ECI-required comprehensive
] services must be available at no cost to families, including, but
not limited to, child find, evaluation and assessment, service coordination,
and administration and coordination related to the development, review, and
evaluation of IFSPs. The determination of the duration, scope, and nature
of the services provided will not be based on parental consent to the use
of funding resources for which they may be eligible.
day
] care programs;
Development
] Disabilities Assistance and Bill of Rights Act; and
Interagency
Council on Early Childhood Intervention
] must have the capacity to provide
or arrange for all services described in
§108.25(5)(C)
[
§621.23(5)(C)
] of this title (relating to Service Delivery Requirements
for Comprehensive Services). All services which the child or family receives,
regardless of the funding sources, must be considered toward meeting the service
needs of the child as defined in the child's IFSP. No ECI funding can be used
to arrange, provide, or duplicate a service for which other funding sources,
public or private, are available and could be used.
By September 1, 2001 programs
] must implement the use of the ECI logo and slogan and meet requirements
listed in the ECI Graphic Standards Manual for all materials used by the ECI
program for marketing, public awareness, child find, promotion, public education,
and program correspondence related to the ECI program. Programs must use "ECI"
as part of their program name.
Interagency Council on
Early Childhood Intervention
]. All use must be in accordance with the
ECI Graphic Standards Manual.
As of September 1, 1995, the
]
following qualifications and responsibilities
apply to
[
for
] EIS Professionals [
are effective
].
special instruction
], and family
education services.
they have successfully
completed
] the requirements to be Fully Qualified EIS Professionals.
The supervising professionals may be from any of the disciplines related to
early intervention and must meet the highest state standards for their profession.
(v)
]
To
[
Professional
recognition for EIS Professionals hired after September 1, 1995. Persons hired
as EIS Professionals after September 1, 1995, who are not Fully Qualified
EIS Professionals are identified as Entry Level EIS Professionals and to
]
be recognized as
a
Fully Qualified EIS
Professional an individual
[
Professionals
] must:
their hiring
] date
of hire
, submit a progress report of the demonstration of early intervention
knowledge and skills
signed
[
completed
] by
an
[
their
] ECI program director and supervisor;
their hiring
] date
of hire
, complete the
Competency Demonstration System
[
required demonstrations of early intervention knowledge and skills
]
and submit documentation to the state office; and
If the required
processes are not completed as specified in subclauses (I) - (III) of this
clause; they will
] no longer be able to independently perform the scope
of responsibilities of
an
EIS
Professional
[
Professionals
] as defined in clause (ii) of this subparagraph.
(vi)
] Continuing professional education
requirements. EIS Professionals must meet annual continuing professional education
requirements to maintain their status. Continuing professional education consists
of the planned individual learning experiences as described in the EIS Professional's
annual Individual Professional Development Plan (IPDP) which shall include
completion of a minimum of ten contact hours of approved continuing professional
development education experiences.
(vii)
] EIS Professionals must submit
annually the record of their continuing education on or before the anniversary
of the certificate date.
Failure to submit the record of continuing education
by the anniversary date will result in a loss of professional status and privileges.
(viii)
] Registry. The
Department
[
Texas Interagency Council on Early Childhood Intervention
]
shall issue certificates of recognition to and maintain a registry of individuals
who
are enrolled in and
successfully complete the requirements
to be Fully Qualified EIS Professionals.
(ix)
] Grievance process. Each
local agency shall have a procedure for local resolution of personnel grievances.
A party who has a disagreement with the local decision regarding his qualifications
or status as an EIS Professional shall have an opportunity for dispute resolution
at the local level. Agencies may use existing personnel grievance procedures
to resolve disagreements and will inform their staff of their existence.
(x)
] Complaints. Any individual
or organization may file a complaint with the
Department
[
Council
] alleging that a requirement of the applicable federal and/or
state regulations has been violated as provided in
§108.59
[
§621.43
] of this title (relating to Confidentiality).
Interagency Council
on Early Childhood Intervention
].
Human
Services (TDHS)
] must meet licensing standards of
DFPS
[
TDHS
].
council
].
Texas Civil Statutes, Article 4419b-1
].
in the following
areas
].
by an entity outside
of the ECI program using an approved ECI checklist
]. If the fire or
safety and sanitation inspection indicates that hazards exist, these hazards
must be corrected.
in the following areas
].
council
] rules, the contract, and
applicable instruction manuals. Reports shall be submitted in the form, manner,
and timeframe specified by the
department
[
council
].
Required data may include, but is not limited to: client data, including personally
identifiable information regarding children served or referred; services received
by individual eligible children; family information, including family size
and income; service provider information, including information about individual
employees or subcontracted employees of the provider; agency and ECI program
revenue and expenditure information; and any other information that might
be necessary by the
department
[
council
] to perform
their legally authorized functions, including the documentation of services
planned and provided, billing and reimbursement functions, and other purposes.
(T-KIDS)
] and
ECI
data standards, established by the
department
[
council
] under Texas Human Resources Code §73.0051(k),
shall be used by ECI providers to submit client and services information to
the
department
[
council
]. [
The data standards and
reporting requirements, including reporting deadlines, will be established
with local provider input and will be published annually and disseminated
to providers. The council may approve changes to the data standards or requirements
outside of this process when necessary for efficient implementation of data
collection.
]
council
staff
] shall [
annually
] disseminate a
funding application.
[
document entitled "Funding Application."
] Copies are available
upon request from the
Department of Assistive and Rehabilitative Services
(DARS), Division for Early Childhood Intervention Services
[
Interagency
Council on Early Childhood Intervention (council), 4900 North Lamar Boulevard,
Austin, Texas 78751-2399
].
one-year
] period
specified in the funding application instructions
[
unless the Funding Application Instructions specify otherwise
].
or
] income collected by a subcontractor
on behalf of the provider from Medicaid, CHIP or private insurance and accepted
as payment in full for ECI services.
(4)
] All program income collected
by the ECI program must be reported and used for eligible ECI program expenditures.
(5)
] Program income claims, collections,
uncollected amounts, and prior year collections must be reported cumulatively
by source on quarterly and annual financial reports. The ECI provider is accountable
for and must report total program income on an accrual basis by the date of
service. Program income earned during the state fiscal year ending August
31 and collected no later than October 31 of the following fiscal year must
be used for allowable program expenses in the fiscal year in which the service
was provided and the revenue was earned.
(6)
] Interest earned on program
income will be used to supplement the funds already committed to the program.
(7)
] Cumulative collections are
total program income received from current fiscal year claims. Cumulative
uncollected program income is income not received for the current fiscal year
cumulative claims. Accrued revenues
must
[
should
] be
adjusted through periodic write-off of uncollectible amounts.
and/or
]
third party reimbursements.
council
] will be expected to achieve the MOE
level as designated in their contract.
council
] is required to budget
and expend at least the same amount of MOE, [
from each revenue source
other than program income and in-kind and cash contributions,
] as was
actually expended [
from that source
] in the preceding fiscal year,
and as specified in their approved funding application and contract.
and
] in-kind
contributions
and unsolicited cash contributions from the total
revenue
[
program costs
] used for [
the
] ECI program
expenditures
. The remaining funding, known as the "effective MOE," must
meet or exceed the previous year's expenditure level [
by specific source
of funds
].
council
] and the
provider's independent
[
external
]
auditor to ensure that the effective MOE is maintained at the appropriate
level.
council
]. The
department
[
council
]
will review MOE reporting throughout the year and as part of the final closeout
process and follow up with providers to resolve any concerns about compliance
with this policy. Settlement related to MOE shortages will be required prior
to the closeout for each contract year.
council
] may make
exceptions to the requirement that effective MOE must be maintained at a level
equal to or above the level of that source in the previous year as a result
of:
Funds
] expended for long-term purposes such as the acquisition of equipment
[
or the construction of facilities
];
Increases in one revenue
source used as MOE cannot be used to replace, supplant or reduce the revenue
obligation of another MOE source.
]
prohibited unless
the revenue source is discontinued, decreased, or no longer available to the
provider
].
$1,000
] or greater per
unit and a useful life of more than one year[
, with the following exceptions:
facsimile machines, stereo systems, still and video cameras, VCRs and VCR/TV
combinations, microcomputers, printers, and digital cameras. These items will
be considered equipment if their unit cost is $500 or greater
].
council
] staff approval;
(H)
] Legislative expense;
(I)
] Under recovery of costs under
grant agreements;
(J)
] Fund-raising expenses and investment
management costs;
(K)
] purchase of vehicles;
(L)
] lobbying; and
(M)
] Other costs not included in
the approved ECI budget.
enrollment
and service delivery information on a monthly basis,
] quarterly and
final financial [
and program performance
] reports by the specified
date and in the specified format[
, and must participate in the Texas
Kids Intervention Data System as specified in §621.23 (15) of this title
(relating to Service Delivery Requirements for Comprehensive Services)
].
council
] will establish
monthly, quarterly and final report deadlines at the beginning of each fiscal
year and will notify providers in their contract.
council
] is authorized
to withhold payment and return vouchers to any provider whose reports are
delinquent.
Reviews
].
The council
] staff will conduct
reviews of providers to determine compliance with the contract and evaluate
the work performed by the ECI program. These include desk reviews and on-site
reviews.
the council
], contact with
parents, staff, community members, fiscal records, and documentation of other
requirements of the ECI contract, rules, and policies.
The council
]
staff will conduct a financial review to ascertain that program costs are:
All
] records
, books and documents
[
shall be made
] available to the
department's
[
council's
] monitoring teams.
council
] within the earlier of 30 days after receipt from
the independent CPA, or nine months after the end of the audit period, unless
a longer period is agreed to in advance by the
department
[
council
] or a different period is specified in a program-specific audit
guide.
council
]. The
department
[
council
] staff will review each application to ensure that all parts of the
proposal are included.
two
copies
] of the application shall be submitted to
Department of
Assistive and Rehabilitative Services, Division for Early Childhood Intervention
Services
[
Interagency Council on Early Childhood Intervention
],
4900 North Lamar Boulevard, Austin, Texas 78751-2399.
council
] is obtaining the best value in purchasing services. [
The council
staff will be responsible for making recommendations to the board for approval
or denial of all requests.
]
board
] will [
meet to
] approve funding recommendations. Each
applicant will be notified in writing of the
department's
[
board's
] decision. The reason for a denial will be communicated in writing
to the applicant.
Interagency Council on Early Childhood
Intervention (council)
] prior to being allocated funds. A contract is
not fully executed until it has been signed by the
department
[
council
] and the provider.
council
] shall send
the provider two original contracts [
signed by the council
]. Both
copies of the contract must be signed by an official authorized to enter into
such agreements on behalf of the governing body. One copy shall be submitted
to the
department
[
council
] before the start of the
contract period and the other shall be maintained by the organization.
council
] consent. This consent can
only be evidenced by authorized officials of both parties initialing and dating
the change.
council
], including subsequent amendments.
council
], including subsequent
amendments, and the fiscal requirements on the administering, accounting,
auditing, and recovering of funds as authorized by the Uniform Grant Management
Standards (UGMS);
council
]
to impose sanctions for noncompliance with contract terms and conditions,
statutes, rules, and
department
[
council
] policies and
procedures in accordance with the provisions of the Human Resources Code, §73.0051;
council
]
to adjust the contract amount [
without board approval
] when the
number of enrolled children on which the budget was based increases or decreases
by a specified percentage or number of children
.
[
, and
]
board
] approves partial
year funding due to extenuating circumstances.
council
] monitoring or other reports must be cleared in
accordance with the
department
[
council
] policies, provisions
in the UGMS and within the time frame specified in the monitoring or other
report.
council staff
]
within the county(ies).
council
] staff.
council
] will not
incur additional expenses for the provision of the same level of services
for the same number of children as a result of a request to change a service
area.
award process or at a regularly
scheduled board meeting
].
Interagency Council on Early Childhood
Intervention (council)
] may take the following actions with respect
to a contract with a provider:
council
] may withhold or reduce payments to offset any reimbursement
made to the provider for any ineligible expenditures not refunded to the
department
[
council
] by the provider, or for services that
are covered by Medicaid. The
department
[
council
] may
withhold or reduce payments for noncompliance issues including, but not limited
to, the following: failure to submit required program and financial reports,
including failure to submit
TKIDS
[
T-KIDS
] data, by
specified timelines; failure to respond to required corrective actions resulting
from monitoring activities; failure to submit independent audit reports as
required by applicable OMB Circulars; and failure to meet program requirements
as specified in the contract, regulations or policies.
council
] may revise contract terms and provisions to accomplish
objectives including, but not limited to, the following: establishing additional
prior approvals for expenditure of funds by the provider; reducing the contract
amount for failure to achieve or maintain the proposed level of service; expending
funds appropriately; or providing services as set out in the contract.
council
] may choose not to issue another contract
with a provider after the contract term expires.
council
] determines
that the provider is not, or has not been, in substantial compliance with
the contract provisions, applicable federal or state law or regulations, ECI
Policies and Procedures, Uniform Grant Management Standards (UGMS) or applicable
OMB circulars, the
department
[
council
] may propose
to terminate part or all of the contract before the term of the contract expires.
council
] proposes
to terminate the contract, the
department
[
council
]
shall notify the provider in writing of the reasons for the proposed termination
and give the provider an opportunity to contest the proposed action through
a formal hearing. The hearing shall be in accordance with the hearing procedures
in
§108.41
[
§621.31
] of this title (relating
to Formal Hearing Procedures). The provider may request a hearing by giving
written notification to the
Department of Assistive and Rehabilitative
Services, Division for Early Childhood Intervention Services
[
Interagency Council on Early Childhood Intervention
], 4900 North Lamar
Boulevard, Austin, Texas 78751-2399. Any questions which the provider might
have concerning the proposed action shall be addressed to the
Assistant
Commissioner of ECI
[
council's executive director
].
council
] will proceed to terminate the contract.
board
], any
funds eligible for distribution may be retained at the sole discretion of
the
department
[
board
]. In the event the
department's
[
board's
] final decision is favorable to the provider, the
eligible funds shall be promptly distributed to the provider. In the event
the
department's
[
board's
] final decision is adverse
to the provider, the funds may be withheld.
board
] following a hearing provided
under these sections if such a hearing is requested.
Interagency Council on Early Childhood Intervention ].
Interagency Council on Early
Childhood Intervention
] wishes to request approval of a waiver from
adherence to an Early Childhood Intervention (ECI) policy, the provider must
submit to the
ECI Assistant Commissioner
[
assigned program
or fiscal consultant
] a written request which includes the following:
ECI executive director
] for assignment to the waiver review
committee.
ECI program executive director,
the ECI board chairperson, the director of the Provider Relations Division
of the ECI Program
], and any other person appointed by the
Assistant
Commissioner
[
executive director
]. The recommendation of
the waiver committee will be presented
to the department
[
at the next scheduled board meeting for full board review. All decisions will
be made by majority vote
].
council
]
meetings and invited to attend. Attendance is not expected or required.
council's
]
decision, including the effective date of the decision.
Subchapter B. PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES Council ] Procedures for Resolving Complaints.
Interagency Council
on Early Childhood Intervention (council)
] alleging that a requirement
of the Individuals with Disabilities Education Act, Part C (Act) or applicable
federal and/or state regulations has been violated. The complaint must be
in writing, be signed, and include a statement of the facts on which the complaint
is based.
council
] without having been filed with the local provider.
council
] shall be forwarded to the
Assistant
Commissioner, Division for Early Childhood Intervention Services
[
deputy executive director
]. The
Assistant Commissioner
[
deputy executive director
] will log and assign all complaints, monitor
the resolution of those complaints, and maintain a copy of all complaints
for a five-year period.
council
] will have
the following information entered in the data file: name of complainant, name
of program if applicable, date received, type of complaint, action taken,
followup, and case-closed date. Letters of acknowledgment will be mailed by
the
Assistant Commissioner
[
deputy executive director
]
to the program and to the complainant or to the third party if the complaint
was forwarded by someone other than the complainant, such as the governor's
office.
deputy executive director
] will assign a staff person to
conduct an individual investigation, on-site if necessary, to make a recommendation
to the
Assistant Commissioner
[
executive director
] for
resolution of the complaint.
executive director
] must resolve
the complaint.
executive director
] and of their right to request the secretary of the United States Department
of Education to review the final decision of the executive director. The
Assistant Commissioner's
[
executive director's
] written decision
to the complainant will address each allegation in the complaint and contain:
executive director's
] final decision, the
Assistant Commissioner
[
deputy executive director,
] will
assign a staff person to provide technical assistance and appropriate followup
to the parties involved in the complaint to achieve compliance with any corrective
actions when necessary.
executive director
] will remediate the denial of those services, including,
as appropriate, the awarding of monetary reimbursement or other corrective
action appropriate to the needs of the child and the child's family; and appropriate
future provision of services for all infants and toddlers with disabilities
and their families.
compliant
] is filed,
the
Assistant Commissioner, Division for Early Childhood Intervention
Services
[
deputy executive director
] will offer mediation
services as an alternative to proceeding with the complaint investigation.
Mediation may be used when both parties agree. A parent's right to a due process
hearing or complaint investigation will not be denied or delayed because they
chose to participate in mediation. The complaint investigation will continue
and be resolved within 60 days even if mediation is used as the resolution
process.
council
] and each
ECI
program
providing comprehensive services have the following responsibilities in regard
to confidentiality of information.
council
] shall develop
a document which is adequate to fully inform parents about the following requirements:
council
] intends to use in gathering the information
(including the sources from whom information is gathered), and the uses to
be made of the information;
council
] to all parents and ensure that they are fully informed about
requirements related to confidentiality and procedural safeguards.
§123g
]. Any participating agency, institution, or program which collects,
maintains, or uses personally identifiable information [
of
] from
which information is obtained for the purpose of determining eligibility for
or providing early intervention services will be subject to these provisions.
The program shall comply with a request without unnecessary delay and before
any meeting regarding an IFSP or hearing relating to the identification, evaluation,
or placement of the child, and in no case, more than 45 days after the request
has been made.
(vii)
] if the parent refuses to
consent to the release of all or some personally identifiable information,
the program will not release the information.
day
] care programs;
council
] into compliance
with Part C of the Individuals with Disabilities Education Act, and the applicable
federal regulations, 34 Code of Federal Regulations §303.1 et seq. This
section supplements existing
department
[
council
] rules
governing hearings and is intended to be applied together except where a conflict
exists, in which case this section shall prevail.
council
] and any other
political subdivision of the state responsible for providing early childhood
services to eligible children and their families.
council
]. The request
for hearing shall be deemed filed when actually received by the
ECI Assistant
Commissioner
[
council
].
Early Childhood
Intervention (ECI) executive director
]. The hearing officer shall be
a person who is licensed to practice law in the State of Texas, and who:
council
] or any program involved in the provision of services
or care to the child or the child's family, or have a personal or professional
interest which would conflict with his or her objectivity in the hearing.
a reporter who shall immediately prepare and transmit a written
or electronic verbatim record of the evidence to the hearing officer with
copies to the parties. The hearing officer shall instruct the reporter and
the parties to delete all personally identifiable information from the transcription
and from all evidence submitted.
]
council
].
§621.5
] of this title (relating to Public Participation) and in
§108.63
[
§621.46
] of this title (relating to Administrative
Hearings Concerning Individual Child Rights), citizens, including individuals
with disabilities and parents of infants and toddlers with disabilities have
the opportunity to:
voice concerns
] through
[
public
] representation on the ECI Advisory Committee [
and
board
];
attend and make public comments at board meetings (notification of all board
meetings and agenda items are published in the
Texas
Register
)
];
ECI
]
rules shall be submitted in writing to the
Commissioner
[
ECI executive director
]. The petition shall contain the following:
ECI
] staff and recommendation for action will be presented to the
Commissioner
[
board
] for action.
Subchapter C. EARLY CHILDHOOD INTERVENTION ADVISORY COMMITTEE
Interagency Council on Early
Childhood Intervention board
] in its duties. The sections implement
the provisions in:
board
]; and
board
] in 34 Code of Federal Regulations,
Part 303, Subpart G.
the Texas Department
of Public Health; the Texas Department of Mental Health and Mental Retardation;
the Texas Department of Protective and Regulatory Services
]; the Texas
Education Agency; the Texas Department of Insurance; the Texas Workforce Commission
and Head Start. The representative must have sufficient authority to engage
in policy planning and implementation on behalf of his or her agency. The
Texas Education Agency representative must be responsible for preschool services
to children with disabilities;
Board
] to perform specific, time-limited tasks as needed.
The
department
[
Board
] determines voting status of ex
officio members.
Interagency Council on Early Childhood Intervention board
]
in the development and implementation of the policies that constitute the
statewide
ECI
system;
Public Law 102-119
],
Part B,
20 U.S.C. Sec. 1411 - 1419
to the extent such services
are appropriate;
(4)
] assist the
department
[
council
] in achieving the full participation, coordination,
and cooperation of all appropriate public agencies in the state; and
(5)
] assist the
department
[
board
] in the effective implementation of the statewide
system, by establishing a process that includes:
coordinator
]), parents, and others
about any federal, state, or local policies that impede timely service delivery;
and
identified
]
policy problems
identified in subparagraph (A) of this paragraph
are
resolved; and
(6)
] to the extent appropriate,
assist the
department
[
board
] in the resolution of disputes.
board
] in the:
board
] in the preparation of applications under
this chapter, and amendments to those applications.
board
] prepare an annual report to the governor and to the secretary of the
United States Department of Education (secretary) on the status of early intervention
programs operated within the state for children eligible under this chapter
and their families; and
(Code)
]. Written notice of the date, time, place,
and subject of each meeting shall be posted with the Texas Register Division,
secretary of state's office, as required by the Code.
executive director,
Early Childhood Intervention Program,
] shall send a copy of the notice
of each meeting to each advisory committee member at least one week prior
to the meeting.
Interagency Council on Early Childhood
Intervention
] may recommend to the governor the removal of any advisory
committee member who is absent from more than half of the regularly scheduled
meetings of the advisory committee that the member is eligible to attend during
each calendar year or is absent from more than two consecutive regularly scheduled
meetings that the member is eligible to attend.
Subchapter D. GENERAL PROVISIONS FOR CASE MANAGEMENT SERVICES FOR INFANTS AND TODDLERS WITH DEVELOPMENTAL DISABILITIES
Texas Interagency Council on Early Childhood Intervention
Services
].
Board
]--The entity designated
as the lead agency by the Governor under
20 U.S.C. Sec. 1431-1444
[
Public Law 102-119
]. The
Department of Assistive and Rehabilitative
Services
[
Board
] has the final authority and responsibility
for the administration, supervision, and monitoring of programs and activities
under this system. The
Department
[
Board
] has the final
authority for the obligation and expenditure of funds and compliance with
all applicable laws and rules.
/or
] family, who is the single contact point for families,
and who is responsible for assisting and empowering families in accessing
services and coordinating those services.
Texas Interagency Council on Early Childhood Intervention Services
] in
Chapter 108
[
Chapter 621
] of this title (relating
to Early Childhood Intervention).
§621.125
] of this title
(relating to Conditions for Case Management Provider Participation). Reimbursable
case management services include face-to-face and telephone contacts with
the child's caregiver on behalf of the child, or with other service providers
or professionals on behalf of the child, for the purpose of assisting that
child in gaining access to needed medical, social, educational, developmental,
and other appropriate services. Case management providers are paid one flat
monthly rate each month in which at least one reimbursable case management
contact occurred.
disability
], as defined in
§108.223
[
§621.122
]
of this title (relating to Definitions). ECI providers must determine developmental
delay
[
disability
] based on the criteria described below:
, including, but not limited to:
]
device
], or
§621.123
] of this
title (relating to Reimbursable Services), a provider must:
§621.126
]
of this title (relating to Qualified Personnel);
§621.24(c)(4)
] of this title (relating to Recipient
Eligibility for Early Childhood Intervention (ECI) Case Management Services);
Texas Early Childhood Intervention Staff Qualification Policies (ECI Policy
III.8); and who have also completed the ECI Case Management Curriculum.
§621.128
] of this title (relating to Provider Records),
to fully document the services and supplies provided to a Medicaid recipient.
These records must be made available promptly upon request to the Texas Early
Childhood Intervention Program (ECI), the Texas attorney general's office,
the Department's
[
ECI's
] designee, and representatives of
the United States Department of Health and Human Services. Upon request, the
provider must submit copies of their records, at no cost, to representatives
of the agencies specified in this section.
Subchapter E. DEVELOPMENTAL REHABILITATION SERVICES
§621.153
] of this title (relating to Conditions for
Developmental Rehabilitation Provider Participation). Developmental Rehabilitation
Services are diagnostic, evaluative, and consultative services for the purposes
of identifying or determining the nature and extent of, and rehabilitating
an individual's medical or other health-related condition. They are medical
and/or remedial services that integrate therapeutic interventions into the
daily routines of the child and family in order to restore or maintain function
and/or to reduce dysfunction resulting from a mental or physical disability
or developmental delay.
Services
[
Developmental Rehabilitation
services
] are designed to enhance development in the physical/motor,
communication, adaptive, cognitive, social or emotional and sensory domains,
or to teach compensatory skills for deficits that directly result from medical,
developmental or other health-related conditions. Developmental Rehabilitation
Services are provided as specified in the active Individualized Family Service
Plan (IFSP) developed in accordance with
§108.25(5)(A) - (K)
[
§621.23(5)(A) - (K)
] of this title (relating to Service Delivery
Requirements for Comprehensive Services). The services include:
services,
] the recipient:
§621.23(5)(A) - (K)
]
of this title (relating to Service Delivery Requirements for Comprehensive
Services).
Provider Participation ].
§621.151
]
of this title (relating to Reimbursable Services), a provider must:
Texas Interagency
Council on Early Childhood Intervention, the state program for infants and
toddlers with developmental delays
];
Part 12.
TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
Continuing education
documentation includes, but is not limited to, a final official transcript,
AOTA self-study completion certificates, copies of official sign-in or attendance
sheets, course certificates of attendance, certificates of completion, and
official correspondence from the board approving requesting credits.
]
The first regular license, which has a duration of less than 2 years, does
not have a continuing education requirement.
]
All licensees,
except those addressed in subsection (c) of this section must complete 30
hours of continuing education every two years during the period of time the
license is current in order to renew the license. Those renewing a license
more than 90 days late must submit proof of continuing education for the renewal.
]
Any continuing
education submissions may be counted only one time.
]
(f)
] Effective January 1, 2003,
Type 1 and Type 2 educational activities approved or offered by the American
Occupational Therapy Association or the Texas Occupational Therapy Association
are pre-approved by the board. The board will review its approval process
and continuation thereof for educational activities by January 2005 and at
least once each five-year period thereafter.
.
]
Secondary author (second or other author), 7 hours maximum.
]
or book chapter(s)
], 10 hours
maximum.
6
] hours maximum.
Other publications
such as newsletter and trade magazines, 2 hours maximum.
]
Principle investigator or co-principle investigator
in grant or research proposals accepted for consideration.
]
Knowingly providing false information
or failure to respond during the audit process or the renewal process is grounds
for disciplinary action.
]
Chapter 371.
INACTIVE AND RETIRED STATUS
Chapter 373.
SUPERVISION
Supervision of an occupational therapist with a temporary license includes
]:
frequent communication between the supervising occupational therapist and
the temporary licensee by telephone, written report or conference, including
the review of progress of patients/clients assigned, plus
]
encounters twice a month where the OTR or LOT directly observes
the temporary licensee providing services to one or more patients/clients
with face-to-face, real time interaction.
]
;
]
Temporary licensees
may not supervise anyone.
]
Chapter 376.
REGISTRATION OF FACILITIES